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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: 1028644-CCC (Child Care Center) Investigator(s): Tessa Ripka 651-431-6612 Suspected Maltreatment Reported: It was reported that an alleged victim (AV) was left in a classroom unsupervised for approximately three minutes. Date of Incident(s): July 20, 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 August 23, 2023; from documentation at the facility; and through four interviews conducted with two facility staff persons (SP, P), the AV, and the AV’s family member (FM). The facility was a large building with nine classrooms. A long hallway ran down the middle of the building. The Pre-K classroom was on the back side of the facility. There was a door that led from the classroom directly outside to a fenced in playground. The AV was three years old at the time of the incident and enrolled in the Pre-K classroom. The AV said on the date of the incident, s/he was inside all by him/herself. The P came and brought the AV outside. The AV said s/he was not scared. The P provided the following information: · On the date of the incident, the P arrived at the facility and walked by the classrooms when s/he saw the AV standing in the Pre-K classroom by him/herself. The AV said that the class left him/her in the classroom. · The P took the AV outside and talked with the SP. The Child Supervision Record (CSR) showed the classroom went outside and the AV’s name was checked off. The SP thought the AV went back inside while the other children were coming outside. · The P estimated that the AV had been alone less than five minutes based on the time that the P arrived at the facility and the time listed on the CSR. The P had no previous concerns with the SP. The SP provided the following information: · On the date of the incident, at approximately 3:50 p.m., the SP had all the children sit on the carpet and got the clipboard with the CSR. The SP called each child, checked them off, and had them line up at the door. The SP then opened the door and had the children go out as the SP called names and checked each child off. · The SP said s/he remembered the AV going outside. After approximately a minute, the P came out of the classroom door with the AV. The P said that the AV had been upset before going outside and was crying so the SP thought the AV possibly was still upset and went back inside the building. The Child Supervision Record showed that at the time of the incident there were seven children in the classroom including the AV. At 3:50 p.m., the classroom went outside, and two checks were completed for each child. The classroom returned inside at 4:20 p.m. and two checks were completed for each child. The Supervision of Children policy stated that children were supervised at all times. Staff persons kept the Child Supervision Record accurate and current at all times. Name to face counting was completed every 30 minutes and during any large class transitions. Facility documentation showed that all staff persons were trained on the facility’s policies and the Reporting of Maltreatment of Minors Act prior to the incident. Relevant Rules and Statutes: Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045, subpart 1, item A, stated that a child must have supervision at all times and that supervision was 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: Information was consistent that on the date of the incident, at approximately 3:50 p.m., the SP called each child’s name as the children lined up by the door to go outside. The SP then opened the door and let each child out to the playground as s/he called each name. The SP remembered the AV being outside. Shortly after, the AV was brought outside when s/he was seen in the classroom unsupervised by the P, which was a violation of Minnesota Statutes, section 245A.02, subdivision 18. The AV was unsupervised for less than five minutes. Minnesota Statutes, section 260E. 30, subdivision 3 states that rather than making a determination of substantiated maltreatment by an individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual. A nonmaltreatment mistake occurs when: (1) at the time of the incident, the individual was performing duties identified in the center's child care program plan; (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 nonmaltreatment 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. Consistent information was provided that the SP was taking the children outside, providing supervision, and completing the CSR during the time of the incident. The SP’s actions or conduct were determined to be a nonmaltreatment mistake for the following reasons: (1) At the time of the incident, the SP was performing job related duties, as require by the facility’s policies; (2) The SP had not been determined responsible for any previous incident that resulted in a finding of maltreatment; (3) The SP had not been previously determined to have committed a nonmaltreatment mistake under this paragraph; (4) The AV was uninjured and did not require medical care after the incident; and (5) Except for the period when the incident occurred, the facility and the SP were in compliance with all licensing requirements relevant to the incident. The nonmaltreatment mistake to the AV by the SP was not maltreatment. It was determined that neglect did not occur (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.) 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 determined that policies were adequate but not followed by the SP. The SP was trained on supervision, transitions, and CSR policies. Action Taken by Department of Human Services, Office of Inspector General: The SP was not determined as a perpetrator of maltreatment of the AV because the Department of Human Services found that the incident for which the SP was responsible met the criteria to be determined a nonmaltreatment mistake. The SP was notified by the Office of Inspector General that any future incident of possible neglect of an alleged victim for which the SP is responsible might not be considered a nonmaltreatment mistake. On September 20, 2023, the facility was issued a Correction Order for the 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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