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MALTREATMENT INVESTIGATION MEMORANDUM Minnesota Statutes, section 260E.01, paragraph (a), “The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through maltreatment.”
License Number and Program Type: 808006-CCC (Child Care Center) Investigator(s): Danielle Morrison 651-431-5647 Suspected Maltreatment Reported: It was reported that two alleged victims (AV1 and AV2) opened a teacher’s workroom (back office) door and closed it behind them. AV1 and AV2 were left unsupervised for approximately ten minutes. When it was noticed they were not in the classroom, a search found them playing with toys in the back office. Date of Incident(s): January 30, 2023 Nature of Alleged Maltreatment Pursuant to Minnesota Statutes, section 260E.03, subdivision 15, paragraph (a), clauses (1) and (2): Failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so. Failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so. Summary of Findings: Pertinent information was obtained during a site visit conducted on February 8, 2023; from documentation at the facility; and through ten interviews conducted with two supervisory staff persons (P and SP1), five facility staff persons (SP2-SP6), AV1’s family member (FM1), AV2, and AV2’s family member (FM2). This investigator met with AV1, but s/he did not provide pertinent information. At the time of the incident AV1 was four years old and AV2 was three years old. AV1 and AV2 were enrolled in the preschool classroom. The preschool room was a large L shaped space. There was an eating area with tables that connected to the main area of the room. The main area had tables for activities, a library area, and cubbies. Around the corner from the eating area, the main area continued to a back room that had learning centers, and this room connected to a children’s bathroom. The teachers’ workroom/office was located in the back of the preschool room next to the children’s bathroom. Extra toys and supplies were stored in this area along with two teacher computers on a desk. Teachers had baskets for storing their personal belongings. The door remained closed and had a stop sign to remind children they were not to go into the office. There were no other doors to get into or out of the office. AV2 said that on the day of the incident, s/he and AV1 went to the office and played with “yard toys.” SP2 found them and talked to them about not going in there. AV2 said s/he was “happy” to be with AV1. SP1-SP3, and SP5 provided consistent information that when it was time for snack, staff persons split the children into two groups while remaining in the same room. One group ate snack while the other group played with activities, read, used the bathroom, and washed their hands, and then the groups switched. The incident occurred at some point during this time. AV1 and AV2 were in the same group. SP1-SP6, worked the day of the incident and provided the following information: · SP1 said AV1 and AV2’s group was told to wash hands and go up front for snack. About ten minutes later, when the classroom got ready to go outside, the staff persons laid out the children’s outdoor gear and SP1 noticed that AV1 was not by his/her gear so SP1 asked SP2 if s/he saw AV1. SP2 found AV1 and AV2 in the teachers’ office. SP1 said AV1 and AV2 seemed “fine and happy” after they were found. SP1 said that AV1 and AV2 must have went to the office door, opened it, and closed it behind them without any staff persons noticing. · SP2 sat with AV1 and they talked about a picture AV1 made earlier in the day and then SP2 told AV1 to go wash his/her hands. That was when SP2 thought AV1 “snuck” in the teachers’ office. SP2 said staff persons got the children’s snow gear out as the last group was eating snack and that was when it was noticed that AV1 and AV2 did not go to their gear. SP2 looked in the teachers’ office and found AV1 and AV2 playing with toys. They grinned at SP2 when they were found and seemed “okay.” SP2 said the office door was not locked. SP2 thought AV1 and AV2 were unsupervised for “maybe up to ten minutes.” · SP3 said when staff persons transitioned the two groups, they miscounted. AV1 and AV2 must have gotten into the teachers’ office by opening the office door and closing it behind them as the office door does not lock. SP3 said AV1 and AV2 seemed “happy” when they came back into the room. SP3 said it was “maybe” ten minutes that AV1 and AV2 were unsupervised. · SP4 helped the children in the bathroom that day. SP4 remembered that AV1 and AV2 used the bathroom and that the teachers’ office door was shut while s/he helped the children in the bathroom. SP4 said SP1 noticed AV1’s outside gear was not put on and then saw AV2’s as well. SP2 came out from the teachers’ office with them. SP4 said AV1 and AV2 did not seem “distressed” about what happened. SP4 thought it was “a little over five minutes, but it was definitely under ten minutes.” · SP5 helped the kids with snack that day. SP5 was not told anyone was “missing” when the second group came over so SP5 thought s/he had all of the children s/he was supposed to have. SP5 heard it was ten minutes that AV1 and AV2 were unsupervised but thought it could have been up to 20 minutes based on how long snack time goes. · SP6 stated that after AV1 and AV2 were found in the teachers’ office, SP6 heard about it. SP6 did not remember at what time AV1 and AV2 left the room or who found them. SP6 said it “tends to blur together.” SP6 said it was ten minutes before AV1 and AV2 were found. The P was not at the facility that day but received a telephone call from SP1 who told the P what happened. SP1 told the P that AV1 and AV2 wandered off during a transition and it was discovered when getting ready to go outside. AV1 and AV2 were found by SP2 sitting on the floor in the teachers’ office playing with trucks. FM1 and FM2 were aware of what happened and had no previous concerns. FM1 was told AV1 was unsupervised for ten minutes, but FM1 thought it could be closer to 20 minutes. FM1 and FM2 said AV1 and AV2 talked to them about what happened and FM1’s only concern was AV1 said s/he did not get snack. FM1 followed up with staff persons and they just forgot to give AV1 and AV2 snack after they were found and apologized. Snack was not taken away as a repercussion of what happened. While there was a concern about missing snack it was not intentional; the P and SP1-SP6 all stated that withholding food was not used as a form of discipline. The facility’s Parent Handbook stated “responsible supervision of the children is of utmost importance. Children are never left alone. They must be in sight and hearing of the staff [persons] at all times so staff [persons] can intervene to protect the health and safety of the children.” The facility’s Staff Handbook stated that staff persons should “know how many children are in each group at any time of the day. Staff [persons] should be counting children several times a day, especially before, during and after going elsewhere in the building or coming in or going outside.” It also stated that “when children move from one group to another group, the sending teacher must inform the receiving teach that they are coming. This is especially important when coming in from the hallway group to the classroom group.” The facility supervision training stated that children are supervised at all times and included topics on counting children and having a sender/receiver. The facility’s Risk Reduction Plan stated that “children are supervised at all times” and “our policies and procedures listed in our program plan state that children will be supervised at all times.” Facility records showed that the P, and SP1-SP6 were trained on the facility’s Risk Reduction Plan and the Reporting of Maltreatment of Minors Act. Relevant Licensing Rules and Statues: Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045, subpart 1, item A, states that a child must have supervision at all times and that supervision is defined as occurring when a program staff person is within sight and hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child. Conclusion: On January 23, 2023, the classroom was split into two groups. One group was going to the bathroom, reading, playing with activities, and washing their hands while the other group was eating snack. SP1-SP6 were engaged with the children at this time assisting with the activities and tasks. At some point during this time, AV1 and AV2 left their group and went into the teachers’ office, which was next to the classroom bathroom, and closed the door behind them without staff persons noticing. The door to the office from the classroom was kept closed and there was no other door to get into or leave the office. They were found by SP2 when it was noticed that they were not getting their winter gear on to go outside. AV1 and AV2 were found sitting on the floor playing with toys and seemed “happy.” Although no one knew exactly when AV1 and AV2 went into the teachers’ office, SP1 said AV1 and AV2 were unsupervised “about ten minutes,” SP2 thought “maybe up to ten minutes,” SP3 said “maybe” ten minutes, SP4 thought it was “ a little over five minutes, but it was definitely under ten minutes,” SP5 heard it was ten minutes, but thought it could have been up to 20 minutes based on how long snack time goes, and P6 said it was ten minutes. Minnesota Statues 260E.30, subdivision 3, paragraph (b), clause (1-5) states that a “non-maltreatment mistake” occurs when: (1) At the time of the incident, the individual was performing duties identified in the center’s child care program plan required under Minnesota Rules, part 9503.0045; (2) The individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; (3) The individual has not been determined to have committed a similar non-maltreatment mistake under this paragraph for at least four years; (4) Any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and (5) Except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. Although AV1 and AV2 were unsupervised for approximately ten minutes without staff persons’ knowledge which was a violation of Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045, subpart 1, item A, SP1-SP6’s actions and conduct were determined to be a non-maltreatment mistake for the following reasons: (1) At the time of the incident, SP1-SP6 were performing job related-duties, as required by the facility’s policies; (2) SP1-SP6 had not been determined responsible for a previous incident that resulted in a finding of maltreatment; (3) SP1-SP6 had not been determined to have committed a non-maltreatment mistake under this paragraph; (4) There were no injuries to AV1 and AV2 as a result of this incident; and (5) Except for the period when the incident occurred, the facility and SP1-SP6 were in compliance with all licensing requirements relevant to the incident. The non-maltreatment mistake to AV1 and AV2 by SP1-SP6 was not maltreatment. Pursuant to Minnesota Statutes, section 260E.35, subdivision 6, paragraph (b), the investigative data in this report will be maintained by the Department of Human Services for a period of five years. Action Taken by Facility: The facility completed an Internal Review and found their policies and procedures not followed by SP1-SP6. The facility added to their policy that “transitioning children even within the classroom that are in separate groups, it must be reported by the transitioning teacher to the new teacher how many children are in the group transition and the new teacher must count to make sure that is the correct number.” The facility also created set groups for this time of day and had lists in several areas of the classroom. All staff persons were retrained on this. Action Taken by Department of Human Services, Office of Inspector General: On March 17, 2023, the facility was issued a Correction Order for violation outlined in this report. Certification: The information collection procedures followed in this investigation were pursuant to Minnesota Statutes, section 260E.30, subdivision 6, paragraph (c). All individuals that are subjects of data in this investigation have the right to obtain private data on themselves which was collected, created, or maintained by the Department of Human Services.
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