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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: 830260-CCC (Child Care Center) Investigator(s): Anna Parkin 651-431-6225 Suspected Maltreatment Reported: It was reported that an alleged victim (AV) was left unsupervised in the preschool room for approximately five minutes. Date of Incident(s): July 27, 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 24, 2023; from video footage in the hallways and documentation at the facility; and through three interviews conducted with a supervisory staff person (P1), a facility staff person (SP), and the AV’s family member (FM1). According to the AV’s enrollment information, the AV was four years old and in the preschool room at the time of the incident. The facility had a preschool room and down a hallway, around a corner, and at the end of the other hallway (U shape) were bathrooms that the children used. On the day of the incident, the SP and another staff person (P2) were working in the preschool room. At the time of the incident, P2 had already taken some of the preschool children to the bathroom and then onto the next activity. P1 provided the following information: · On July 27, 2023, at approximately 12:30 p.m., the SP was at the bathrooms with approximately eight preschool children including the AV. P1 walked by and the SP told P1 that a family member (FM2) who was picking up his/her child, just brought the AV to the SP because the SP left the AV in the preschool room when taking the other children to the bathroom. · The SP was “flustered” and said that when the children were lining up in the preschool room, the AV sat in a chair. The SP counted the children as they lined up but did not count the children prior to leaving the preschool room before taking them out in the hallway. P1 asked the SP if s/he counted the children once they got to the bathroom and the SP responded that s/he “usually [did] but must not have” and that the AV was alone in the preschool room for approximately four to five minutes.
· At the time P1 was talking to the SP, the AV was in line waiting to use the bathroom and was smiling and “happy.” The AV did not have an injury. Only a few children had used the bathroom and the rest were still in line so based on that, P1 thought the AV was alone in the preschool room approximately four to five minutes. The SP provided the following information: · On the day of the incident, the SP was cleaning up after lunch and had the children including the AV line up at the door. The AV rolled on the floor and kicked another child so the SP had the AV sit in a chair at a table near the line of children. The SP finished cleaning up and counted the children. The SP did not recall how many children s/he counted during his/her interview with this investigator since the incident took place a few weeks prior. The SP did not recall if the AV joined the line or if s/he counted the AV prior to leaving the preschool room. The SP and the children then walked to the bathroom. · Once the SP and children arrived at the bathroom, the SP recounted the children and it “must have been” the same amount of children s/he counted prior to leaving the preschool room. Because it was the same number as s/he counted prior to leaving the room, s/he assumed that s/he had all the children. The SP did not recall telling anyone that s/he did not count once s/he arrived at the bathroom because the SP “always counted.” · A few minutes later, FM2 came to the bathroom with the AV and told the SP that the AV was sitting in a chair in the preschool room alone. The SP checked the AV and s/he did not have an injury. The children continued to use the bathroom and the SP told P1 about the incident. Video footage from July 27, 2023, provided by the facility showed the following: · At 12:24:26 p.m., the SP and a line of seven children left the preschool room and walked into the hallway. Once they were in the hallway and at the corner to the next hallway, the SP turned around and faced the children. At 12:24:56 p.m., the SP walked down the next hallway with the children following. · At 12:29:47 p.m., a person identified by the facility as FM2 walked into the preschool room. At 12:30:05 p.m., FM2 stuck his/her head out in the hallway and looked both ways before returning inside the room. At 12:30:25 p.m., FM2 and the AV walk out of the preschool room into the hallway and walk down the same hallway as the SP and other children had walked. · At 12:31:00 p.m., FM2 and the AV turned and walked into the hallway where the bathrooms were. The SP was in the hallway and FM2 and the AV walked over to the SP. At 12:31:10 p.m., the AV was with the SP. FM1 stated that the SP told FM1 about the incident. FM1 asked the AV about it and the AV “barely remembered” the incident. FM1 did not have any concerns with the facility. According to the facility’s Supervision Policy, all children were within sight and sound at all times. Facility documentation showed that the SP and other staff persons interviewed in this investigation received training on the facility’s Supervision Policy and the Maltreatment of Minor’s Act prior to the incident. Relevant Rules and/or 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 from all sources was consistent that on July 27, 2023, the AV was left in the preschool room for approximately five minutes without the knowledge or supervision of a staff person which was inconsistent with the facility’s Supervision Policy and was a violation of Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045, subpart 1, item A. Minnesota Statutes, section 260E. 30, subdivision 3, stated 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 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 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 at the time of the incident, the SP and the children left the classroom, and s/he was supervising children using the bathroom. Although the SP was not aware that the AV was left in the preschool room, the SP’s actions or conduct were determined to be a nonmaltreatment mistake for the following reasons: (1) Supervision was defined in the facility’s Supervision Policy. The SP stated s/he counted prior to leaving the classroom and upon arriving at the bathroom and s/he “must have” gotten the same number at that time. The SP likely miscounted and although the AV was left in the classroom, the classroom was designed for children and the SP had not yet completed his/her transitions from the bathroom. (2) The SP has not previously been found responsible for a similar incident that resulted in a finding of maltreatment or a nonmaltreatment mistake in the past. (3) The SP has not previously been found responsible for a similar incident that resulted in a finding of a nonmaltreatment mistake in the past. (4) The AV was uninjured and did not require medical care after the incident. (5) Outside of this incident, the facility and the SP were in compliance with all relevant licensing requirements. The nonmaltreatment mistake to the AV by the SP 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 determined that policies and procedures were adequate but not followed. The SP received additional training on supervision of children. 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 October 20, 2023, the facility was issued a Correction Order for the violations 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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