Missouri Department of Health and Senior Services PO. Box 570, Jefferson City, MO 65102-0570 Phone: 5?3-?51-?400 FAX: RELAY MISSOURI for Hearing and Speech Impaired VOICE 1-800-735?2465 at?? GaitVasteriing Jeremiah Acting Director Governor 4 seam? June-21, 2013 Trina Curtis, Business Administrator 10575 Tesson erry Road SUBJECT: KidStrect Daycare Learning Center St. Louis, MO 63123 10575 Tesson Ferry Road St. Louis, MO 63123 DVN 41001814531 Dear Kathy As you are aware, the Section for Child Care Regulation (SCCR) received a complaint alleging rule violation.(s) at your facility on May 10, 2013. The allegatioii(s), the details ofthc investigation, the substantiated rule Violations(s), and correction(s) for compliance with rules are included on the enclosed Substantiated Complaint ECG-50 fonn. Substantiated allegations are placed in the facility?s public licensing record retained in the SCCR. district of?ce. You may reply to this report in writing. If you choose to reply, your reaponse will be ?led with the report in the facility?s record. We welcome any questions at 314.877.0229 or at 220 South Jefferson Avenue, Saint Louis, MO 63103. Sincerely, Caron Ahlemeyer Child Care Facility Specialist Enclosure Cc: T. Bryan Cutshall, Board President Healthy Missourians tor life. The Missouri Department of Health and Senior Services will he the leaderin promoting, protecting and partnering tor health. AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER: Services provided on a nondiscriminatory basis. MISSOURI DEPARTMENT OF HEALTH SENIOR SERVICES DATE OF REPORT: SECTION FOR CARE REGULATION 5.102013 SUBSTANTIATED COMPLAINT LICENSE EXEMPT UNLICENSED MORE THAN FOUR OF STATUTE OR RULE VIOLATIONS GROUP FACILITY NAME FACILITY NUMBER KidStreet Daycare and Learning Center 001 814531 STREET AgDRess 105i'5 TeSson Ferry Road CITY ZIP CODE PI IONE FACILITY COUNTY St. Louis 63123 314.729.9080 St. Louis County REPORTER - NAMED REPORT MADE IN PERSON WITHHELD SY REQUEST PHONE [j ANONYMOUS El WRITTEN REPORTER NAME I REPORTER PHONE Natalie Warner 314.308.4121 REPORTER ADDRESS (STREET, CITY, STATE, ZIP CODE) SY ASSIGNED TO Nancy Smith Caron Ahlemeyer Na cy Scherer .ALLEGATIUDF Attach 'pages'as net?acted; - Facility is not following NPR 3?yr?old classroom has eleven Children with one staff, Kelly Reporter's 3yr old Child iS in this class. - ReporterClassroom with Shelly and Shelly has as many as six to eight 1-yr-olds by herself - as recent as 5f9f2013, Shelly had five 1?yr-olds by herself - Child A was put in a dark room alone, possibly by Selena or Kathy McFall, for punishment for not taking a nap about a week ago Child A is no longer enrolled. Reporter stated children are being "dragged" into the office as punishment and teachers yell at the Children. -. On May 13, 2013, I interviewed Child A at her home. Child A stated that She was 4-years-old and her teacher at her old school was Ms. Sherri. Child A stated that when children get in trouble they go to the office with Ms. Kathy but she has never gone to the office because she was in trouble. She has only been to Ms. Selene?s office for coughing. Ms. Selene holds her hand when she has to go to the office (Child A showed her wrist being held when asked to Show how Ms. Selene holds her hand). Other kids hold Ms. Sherri's hand, but they do it because they want to. Child A stated that she doesn't like Ms. Kathy because Ms. Kathy makes mean faces. . On May 13, 2013, I interviewed Parent (parent of Child A). Parent stated that she has seen marks and bruises on Child A?s wrists, upper arms, or fingers for at least a month now, but thought they were caused by other Children. Ms. Sherri Spalinger called and told her over the past weekend that Director Kathy McFaIl had it out for Child A and other kids started treating Child A badly because they would see MS. lv?thall do it. Child A has never said that an adult has hurt her. Parent thinks Ms. McFall took aggression out on Child A because she (Parent would question how MS. McFall did things at the center. On May 13, 2013, I interviewed Parent (parent of Child A). Parent stated that a few weeks ago, Child A mentioned being kept in a dark room. He questioned Child A's teacher. Ms. Spalinger. Ms.-Spalinger told him that Child A had been moved to another classroom during nap time several times and the other classroom may have appeared darker than the room she is used. to being in. Parent stated that he accepted this as a plausible answer and did not continue to ask questions regarding the matter. - On May 13, 2013, conducted an announced investigation at the facility. i first met with Director Kathy McFall and Business Administrator Trina Curtis to explain the allegations. Ms. McFall stated that she didn?t know what room was being referred to in regards to a Child being placed in a dark room. inquired if the facility had 3 ?Mother's Nursing Room'. Ms. McFall stated that there was a Mother?s Nursing Room in the building, but that it was a Church room. Page 1 of 5 asked to see the room. The Mother's Nursing Room was observed to be inside the child care space directly across from the reception desk. While there is a window in the room that looks into the hallway, towards the front office, the window is covered with blinds and blocked by a large cabinet. The window inside the has an opaque sheet covering it to block out light. With the door closed, the room appeared to be pitch-black. After seeing the room, interviews of staff were conducted. On May 13, 2013, I interviewed caregiver Sherri Spalinger. Ms. Spalinger stated that she has been employed at the center since August of 2012. She is the teacher of Child A and Child B. Child A is taken out of her classroom often during nap time for coughing because it disrupts other children. Ms. Spalinger stated that she is scared of Director Kathy McFall. Ms. McFall is hateful and screams at the children. Ms. McFall has threatened that she would lose her job if she called the Department of Health about the facility not maintaining ratios. Ms. Spalinger stated that since working at the facility, she has seen things that were mean to the children, but it wasn't until she really thought about all of them together that she thought it may be child abuse. Ms. Spalinger stated that she has seen Ms. McFall ?ick children in the face and a little after Christmas she remembers seeing Ms. McFall pinch Child A on the bottom of her butt cheek, over her clothes, because Child A wasn't moving fast enough when walking to the office. Ms. Spalinger stated sometime in January 2013, she was told by Ms. McFall to pinch children for discipline and that if you pinch them in the area where the bottom of the butt cheek meets the thigh. it won't leave a mark. Ms. McFall also flicks children in the face as a type of attention getter, such as if a child is making noises, Ms. McFall will flick the child in the face and tell them to stop. Ms. Spalinger continued to state that a few weeks ago there was an incident involving Child A and Child on the playground. She saw Child hit Child A about three times and then Child A pushed Child C. Before she could get to the children, Selene Snyder had stepped in and grabbed Child A by the upper arm to take inside to the office. Ms. Spalinger stated that she saw the entire incident and asked Ms. Snyder to leave Child A so that she could deal with both children and their behaviors, but Ms. Snyder told her that she only saw what Child A did to Child and she would be handling Child A in the office because Child A was in big trouble. Ms. Spalinger continued to state that Child A had been having problems with being disruptive during nap time or coughing too loudly. So there were a few days when she would be moved to another classroom to sleep. Ms. Spalinger remembers a few weeks ago when Parent came in and asked her if Child A had been put in a dark room. At the time, she thought Child A may have been referring to the days she was moved to another room to sleep for nap time because her room is closest to the outside windows and attracts more outside light. Some of the rooms on the inside of the building are so far from the outside windows that at naptime the rooms seem much darker than what Child A would be used to in her regular classroom. A few days ago, two other staff had mentioned seeing Ms. McFall put Child A in the Mother's Nursing Room, and she now thinks that would be what Parent was referring to. Ms. Spalinger stated she didn't know at the time that that is what happened to Child A. Ms. Spalinger continued to state that on Friday, May 10, 2013, she saw Ms. McFall grab Child 8 by the arm and take Child to the office. Ms. Spalinger was talking with another parent, Parent X, because that morning was a Special ?Muffins with Mommy' activity for mother's day. Child was crying on the carpet, she thinks someone was sitting in Child B's usual space on the rug. All of a sudden Ms. McFall came in, said ?We are not having this today," and grabbed Child to take her to the office. Ms. Spalinger stated she heard Parent say hope she doesn't do that to my kid." Ms. Spalinger continued to state that the facility had recently had an issue with the Department of Health and the facility's ratios. She has been instructed to never leave the building throughout the day, even at lunch, because she must be present to meet ratios. Up until one week prior, her classrooms had 13 children on Mondays, Tuesdays, Thursdays, and Fridays in care all by herself. On May 13, 2013, I interviewed caregiver Kelly Ferner. Ms. Ferner stated that she has worked for the center since August of 2010 and has seen Ms. McFall flick children in the face for talking too loud or biting. She saw it a lot when she first started in 2010; it stopped for a while. and seems to have picked up again since January 2013. Ms._Ferner stated that she has definitely seen the flicking on the face of Child A and knows she has seen it happen to so many other kids as well, but can't remember all of their names. Some children would cry after getting flicked in the face. She has seen Child A grabbed on the arm or wrist by Ms. McFall and Ms. Snyder more than five times; she doesn't know why they have it out for Child A. One day in mid-April, she heard Child A making noise and coughing in the classroom right next to hers. Ms. Ferner stated that she saw Ms. McFall come get Child A out of the room and take Child A up the hallway with her cot, turn right down the hall across from the reception desk, and heard a door close. Ms. McFall then came back into view without Child A. Ms. Ferner stated that the only room to put Child A in that would allow a door to close in that hallway would be the Mother's Nursing Room. She later spoke with another teacher, Page 2 of 5 Zakeya Fisher, who was standing right in front of the Mothers Nursing Room, and confirmed that Ms. McFaiI did put Child A in the room by herself in the dark. Ms. Ferner continued to state that she was present in the next room and saw the incident that occurred with Child on May 10, 2013. Ms. Ferner stated she was standing in her doorway when she heard the commotion of Child crying and then Ms. McFall grabbed her by the arm and took her to the office. Ms. Ferner stated that she was surprised that Ms. McFall did this in front of Parent X, because Ms. McFall doesn't usually behave that way in front of the parents. Ms. Ferner stated that Parent had a shocked look on her face and asked Ms. Spalinger, "Does she do that to my daughter?" Ms. Spalinger said Child was crying before and then once Ms. McFail got her, Child was really crying. Child came back down to the classroom about 10 minutes later, but couldn't tell if she had any bruises. On May 13, 2013, I interviewed caregiver Shelley Clegg. Ms. Clegg stated that she has worked at the center for to 8 years. Ms. Clegg stated that she has seen no issues or concerns with Ms. McFall or Ms. Snyder. She has never seen any abuse and has only ever seen one child taken to the office because they were in trouble. She stated that she covers breaks in every room. Ms. Clegg stated that Ms. Spalinger's room usually has too many children, with one teacher to 14 children. Ms. Clegg stated that she doesn't know what the ratios are for the baby rooms, but there is usually one teacher to 6 children in the baby rooms. On May 13, 2013, interviewed Assistant Director Colleen Lewis. Ms. Lewis stated that she has worked at the center for over 8 years, but currently only works Mondays and Tuesdays. Ms. Lewis stated that she has never seen or heard of children being put in the Mother's Nursing Room. If a teacher is having problems in the classroom, they will call to the office for assistance. Ms. Lewis stated she has never seen Ms. McFaIl or Ms. Snyder flick or pinch children. if children have to be brought to the office, they walk on their own or the person walking them waits for the children to walk with them. On May ?13, 2013, I interviewed caregiver Zakeya Fisher. Ms. Fisher stated that she has worked at the center for approximately 8 years and is currently the teacher with the infants, but also floats to cover other classes. Ms. Fisher stated that she has seen banana pinching of the inner butt and thigh by both Ms. McFaIl and Ms. Snyder. They pinch the kids to get them to stop something; they do not pinch for fun. The kids will seem startled when the pinch happens. Ms. Fisher stated that Ms. McFall 8i Ms. Snyder pinch all the time. The pinching has occurred since she started working with Ms. and since Ms. Snyder started working 6 years ago. Ms. Fisher stated that the pinching did bother her in the beginning, but she is used to it now. Ms. Fisher stated that she has seen children dragged to the office by their upper arms if they won't go with Ms. McFall or Ms. Snyder. The children's feet would be stumbling to keep up while being pulled. She has seen this happen to Child A, Child C. Child D, and several others. Ms. Fisher stated that she was told by Ms. McFall to use the banana pinching on children if she wants to control them, but she has never done it. Ms. Fisher continued to state that she was present and witnessed when Ms. McFall took Child A to the Mothers Nursing Room. The incident occurred several weeks ago. Ms. Fisher stated she was standing directly across the hall from the door of the Mother's Nursing Room because she was clocking in from her lunch break. Ms. Fisher stated that she saw Ms. McFall walk Child A into the Mother's Nursing Room with her cot and left her in there with the lights out and the door cracked a few inches. Ms. Fisher stated that it looked very dark in the room. Ms. McFall went back to one of the classrooms after leaving Child A in the Mother's Nursing Room in the dark. Ms. Fisher stated that she knows the Mother's Nursing Room looks really dark if the lights are out and the door is closed because she has gone in there to sleep on her own breaks. On May 13, 2013, I interviewed Assistant Director.? Cook Selene Snyder. Ms. Snyder stated she has worked at the center approximately 7 years. Ms. Snyder stated that she will cover classrooms if needed, and covers breaks usually when children are on the playground. Ms. Snyder stated she remembers and incident she observed when Child A pushed down Child on the playground so she talked with Child A and led her by the hand to sit in time out by the fence. She never took Child A to the office or pulled or jerked Child A's arm. Ms. Snyder stated that she has never flicked children on the face; she has held their chin to turn a child's face to look at her when speaking. Ms. Snyder stated that she has never seen any employee flick, pinch, or drag children; she has never seen rough behavior from any employee. Ms. Snyder stated that she has never even heard of banana pinching. Ms. Snyder has never pinched a child; she only snaps the air to get their attention. On May 13, 2013, interviewed Director Kathy McFall. Ms. McFall stated she has worked since the center opened approximately 9 years ago and has always been the director. Ms. McFall stated that Child A has never been put in a dark room or the Mother's Nursing Room. Child A has had difficulty sleeping and has been moved into other classrooms. If Child A was put into a dark room, she is unaware of it. Ms McFall stated that Child A was not a difficult Page 3 of 5 child, but has been brought to the office a few times by her teacher Ms. Sherri Spalinger. Ms. McFall does remember an incident when Child A was brought inside to the office because she pushed Child C. Child A doesn't really cry, just pouts and will walk to the office all on her own. Ms. McFall stated that she knows what banana pinching is; it is a pinch in the crease near where the leg meets the thigh. Ms. McFall stated that she has done a banana pinch in a playful way with the children and will say, ?l'rn gonna pinch your banana." If a child said "ow" she would say she was sorry. Ms. McFall stated that there may have been times when she startled a child with the banana pinch. Ms. McFalI continued to state that she remembered an incident on Friday, May 10, 2013, with Child B. Ms. McFall stated that Child was crying emotionally, she picked up Child under her arms and sat Child down on the bench just outside the classroom door. Child calmed down and went back into the room within a minute. Ms. stated she would never drag a child up the hallway or flick their face. When questioned about a separate incident that occurred on Friday, May 13, 2013, during the afternoon outdoor playtimes, Ms. McFall stated that she told staff to not tell the parents about the incident because she did not want the staff to misinterpret what really happened to the parents. I asked Ms. McFall how she called the parents when she was not at the facility and the parents stated they were not notified. Ms McFail stated she used her cell phone and left messages for the parents. i asked Ms. McFalI to show her phone log on her cell phone as evidence of calling the parents. Ms. McFall left the interview for several minutes and returned to state that she could not locate her cell phone. On May 13, 2013, I interviewed Child B. Child stated that she was Sayears~old and her teacher was Ms. Sherri. Child stated that Ms. Kathy just works in the office. Child stated that she has not been scared at school. She did get in trouble with Ms. Kathy. Ms. Kathy held her wrist and it hurt walking to the bench in the hallway by Ms. Kathy's office. Child stated that Ms. Kathy held her hand. She was crying because she wanted to go outside to play and the class was going to stay inside and sing and write. Child stated she had to go in time out for being in trouble. Ms. Kathy asked her if she wanted to go back to her classroom or go in Ms. Kathy?s office. She said in the room so she went back to her room. On May 13, 2013, documented on an Observationi Discussion form additional violations regarding medication as they pertain to complaint report dated April 29, 2013. On May 2013, interviewed Parent (parent of Child E) via telephone. Parent stated that she was present on May 10, 2013, for Muffins with Mommy. Parent stated she witnessed an incident with a girl crying and it seemed that Ms. McFall was harsh with the girl, but Ms. McFail's actions did not concern her. Parent stated she hasn't had any concerns other than sometimes there are too many kids in the classrooms, sometimes 14 children with 1 caregiver, and she has heard teachers say that they would never bring their own children to the center. On May 2013. Child Care Facility Specialist (CCFS) Rhonda Delmain interviewed caregiver Irene Rodriguez. Ms. Rodriguez stated that she was instructed by Director Kathy McFall to discipline children by use of flicking the child's chin and Ms. McFall further instructed her to make sure to put her back to the window leading to the hallway when disciplining children to intentionally prevent others from seeing when this discipline would take place. Ms. Rodriguez also stated that she has observed caregiver Nicole Verde stand behind Child E, wrap her arms around Child E, and hold her hands over Child E's mouth to stop the child from screaming. On May 2013, CCFS Rhonda Delmain interviewed caregiver Shelley Ciegg. Ms. Clegg stated that she had been instructed by Director Kathy McFall to flick children in the chin or finger for discipline. Ms. Clegg stated that she conducted this practice because she was told to do so by Ms. McFall. DISPOSITION: SUBSTANTIATED List statute number or rule number(s) of substantiated violationts). 210.2552. Religious organizations operating facility in violation, procedure noncompliance after notice, prosecutor may act or attorney general. 2. if a child care facility maintained or operated under the exclusive control of a religious organization is suspected of violating any provision of sections 210.252 to 210.255, or if there is good cause to believe that the signatory made a materially false statement in the notice of parental responsibility required by sections 210.252 to 210.255, the department of health shall give twenty days written notice to the facility concerning the nature of its suspected noncompliance. If compliance is not forthcoming within the twenty days, the department shall thereafter notify the prosecuting attorney of the county wherein the facility is located concerning the suspected noncompliance. if the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department, the department of health may notify the attorney general concerning the suspected noncompliance and the attorney general may_proceed under section 210.248 Page 4 of 5 19 CSR 30-60370 (1) (B) 3. states: "Physical punishment including, but not limited to, spanking. slapping, shaking, biting or pulling hair is prohibited." AN 19 CSR 30-BU.UTD (B) 4. states: ?Any discipline technique that is humiliating, threatening or frightening to children is prohibited. Children shall not be shamed, ridiculed or spoken to abusiver or with profanity." On May 13, 2013, three caregivers stated that they have observed both Director Kathy McFall and Assistant Director Selene Snyder, flick children in the face for discipline to get their attention or to get them to do what they are supposed to do. The same three caregivers have observed both Director Kathy McFall and Assistant Director Selene Snyder, pinch children on their bottoms, and used the term ?banana pinching? as an additional form of discipline to get children's attention or to get them to do what they are supposed to do. All three caregivers stated that this practice has been observed since the beginning of their employments, ranging from approximately 11/2 years to 8 years with KidStreet Daycare and Learning Center. Two of these caregivers, stated they were instructed by Director Kathy McFail to use these practices when disciplining children. On May 17, 2013, one caregiver stated that she has observed caregiver Nicole Verde stand behind a child, wrap her arms around the child, and hold her hands over the child's mouth to stop the child from screaming. On May 17, 2013, one caregiver stated that she was instructed by Director Kathy McFall, to discipline children by use of flicking the child's chin. Director Kathy McFall, further instructed the caregiver, to make sure to put her back to the window leading to the hallway when disciplining children. On May 17, 2013, one caregiver stated that she had been instructed by Director Kathy McFaIl to flick children in the .chin or finger for discipline. Caregiver Shelley Clegg stated that she conducted this practice because she was told to do so by Director Kathy McFall. 19 CSR 30-ED.UTO 2. states: caregiver shall remain in the room with infants, preschool and school-age children while the children are napping and shall be able to see and hear the children if they have difficulty during napping or when they awaken. AND 19 CSR Jig-60.070 (B) 6. states: "Children shall not be placed in a closet, a locked or unlighted room, or any other frightening'place." On May 13, 2013, two caregivers stated that they had observed Director Kathy McFall take a 4-year?old child and place her in the Mother's Nursing Room, alone and in the dark. Both caregivers stated that this was conducted because the child was"coughing in the classroom during nap time and disturbing other children. REQUIRED CORRECTIONS AND DEADLINES Attach pages as needed. On May 29, 2013, a notification letter was sent to the provider giving twenty days to submit evidence of compliance by June 11, 2013. On June 11, 2013, a corrective action plan was received by the department. No further action required. DISPOSITION CHILD CARE SPECIALIST SIGNATURE DATE SUP RVISUR DATE DATE ?j V, W3 Carla/090:3 ?ea/,1 ft Jr 9/ 3-9-05} DISTRIBUTIUNU ORIGINAL - PUBLIC FILE ECG-50 Page 5 of 5