|
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: 1090496-CCC (Child Care Center) Investigator(s): Tessa Ripka 651-431-6612 Suspected Maltreatment Reported: It was reported that an alleged victim (AV) was left unsupervised in a gym for approximately five minutes. Date of Incident(s): May 8, 2024 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 May 16, 2024; from documentation at the facility; and through five interviews conducted with four facility staff persons (SP, P1, P2, P3), and the AV’s family member (FM). Due to the AV’s age s/he was not able to provide any information about the incident. The facility was located in a large building. There were two classrooms in each corner of the building. Through the main entrance was a reception desk and some offices. Straight ahead to the back of the building was the gym. The gym had a door that led to an outside fenced playground. There were also several windows in the gym that looked out to the playground. The gym contained stacking blocks and had a small mat in one of the back corners. The other corner contained a large, locked box. The AV was 18 months old and enrolled in the Toddler One classroom at the time of the incident. The Incident Report indicated that on May 8, 2024, at 3:35 p.m., the AV was left in the gym until 3:40 p.m. when staff persons brought a group of children from the playground inside to change diapers. The incident was brought to the staff persons attention when a parent came through the gym to pick up their child. The AV was seen on camera footage playing contently in the gym. Staff persons were seen gathering other children and at one time counting the children lined up. P1-P3 provided the following information: · On the date of the incident, at approximately 3:15 p.m., P1 was outside with the Toddler Two classroom. P1 had previously taken three children inside to be changed as they had bowel movements. A while later, the Toddler One classroom including the SP and P2 joined the Toddler Two classroom outside. · At approximately 3:30 p.m., the SP talked with P2 about the heat and that s/he was going to take some of the younger children inside to change them and let them play in the gym for a while. The SP said s/he was going to take seven of the youngest children inside. Soon after P1 said that s/he was going to take his/her four children that had not been changed yet to the bathroom. P2 agreed to stay with the rest of the children outside. · P1 brought his/her four children from the Toddler Two classroom into the gym and lined them up at the door. At the same time, the SP brought seven children from the Toddler One classroom including the AV into the gym and lined them up at the door. There was one child from the Toddler Two classroom that did not want to line up. P1 went and got that child and took him/her to the doorway. · P1 counted his/her children and left the gym to go to the classroom to use the bathroom. The SP was still in the gym but joined P1 in the bathroom area shortly after. · Shortly after P1 and P2 left the gym a parent came through the gym to pick up a child that was outside. The parent told P2 that the AV was in the gym by him/herself. P2 looked in the gym and saw the AV. The AV did not seem upset. As P2 was looking into the gym, P1 arrived back in the gym with his/her four children. · After using the bathroom, P1 returned with his/her children to the gym and saw the AV there. P2 said that the AV had been left in the gym by him/herself. P1 took the AV back outside. · P3 said that staff persons were to do a name to face check on the iPad during each transition. Staff persons should count the children each time they moved from one classroom to the next. The SP told P3 that the SP thought s/he had six children because one child had been sent back inside. P3 saw on the video footage that it appeared that eight children initially came into the gym, and one was sent back outside leaving seven children with the SP. The SP provided the following information: · At approximately 3:30 p.m., the SP took seven children inside to change diapers. The SP brought the children into the gym and counted seven children. Then the SP took them to the classroom and changed diapers. The SP did not count the children as they were leaving the gym or while they were in the classroom. · After the SP completed changing diapers, s/he returned outside with the children. When the SP returned outside s/he was informed that the AV was left in the gym for five minutes. The SP said that s/he “thought” s/he had his/her seven children, but s/he did not. The FM had no prior concerns with the facility. Video footage showed that on May 8, 2024, at 3:33 p.m., eight children and the SP entered the gym from the outside door, and someone can be heard counting off the children to six. Eight children came into the gym, but then the SP took one child back outside leaving seven children. P1 then entered the gym with four children. The SP and P1 had the children line up at the door to the hallway. The AV and another child ran to the back corner of the gym. Both the SP and P1 went over to the area. P1 got the other child and then the SP turned and went to the line (likely not seeing the AV). The AV remained in the corner while the SP and P1 went to the door. P1 goes off camera (likely leaving the gym). The SP appeared to be counting the children as s/he was pointing at each child. At 3:35 p.m., the SP and other children left the camera’s view (likely leaving the gym). The AV left the corner and played with stacking blocks. At 3:40 p.m. a parent came through the door, across the gym, and went to the outside area. P2 came to the door and at the same time P1 entered the gym with four children. P1 brought the AV and the other children back outside. The Risk Reduction Plan stated that a name to face check was done when leaving an area. One staff person checked the entire space before leaving the room. Children were counted in the hallway before entering a new room. A name to face check was completed once the group of children entered the new classroom. Children were supervised at all times. Facility documentation showed that all staff persons were trained on the facilities policies including the Risk Reduction Plan and the Reporting of Maltreatment of Minors Act. Relevant Rule and/or Statute 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: Information was consistent that on May 8, 2024, the AV who was 18 months old was left in the gym without the knowledge or supervision of a staff person for five minutes, which was a violation of Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045, subpart 1, item A. The SP was not aware that the AV was still in the gym when s/he took the other children out of the gym to the classroom to change their diapers, which was inconsistent with the standards of a professional caregiver in a facility licensed by the Department of Human Services and a violation of the facility’s policies and procedures. 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 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 the SP counted the children when they came into the gym, but failed to count the children when they left the gym to go to the classroom. Once in the classroom, the SP changed the diapers of the children and then they returned to the rest of the class. At that time, the SP was informed that the AV was left in the gym. 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 required 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 policies were not followed when the SP counted the children when leaving the gym but failed to count the children before entering the gym nor confirm who s/he had in the gym prior to leaving with the group. The SP did not do a face to name check when transitioning. Staff persons were retrained on name to face transitions and informed to do scheduled diaper changes before going outside. 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 June 21, 2024, 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.
|
