|
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: 801607-CCC (Child Care Center) Investigator(s): Beth Virden 651-431-6572 Suspected Maltreatment Reported: It was reported that a staff person (SP) was in possession of child sexual abuse material at his/her residence and in reviewing the material, more than one picture was discovered of unclothed children from the facility. Date of Incident(s): Between March 25 and August 5, 2024 Nature of Alleged Maltreatment Pursuant to Minnesota Statutes, section 260E.03, subdivision 20; and subdivision 15, paragraph (a), clauses (1) and (2): "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, or by a person in a current or recent position of authority to any act that constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse includes threatened sexual abuse. 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 27, 2024; from documentation at the facility and law enforcement records; and through interviews conducted with two facility supervisory staff persons (P1 and P2). Attempts by mail to interview a staff person (SP) were not responded to by the completion of this investigation. Note: Law enforcement identified six alleged victims (AVs) in their investigation; however, due to the nature and ongoing investigation, the AVs’ identities were not provided to the Department of Human Services (DHS). Law enforcement contacted and informed the AVs’ the family members and/or guardians of the allegations. DHS was unable to contact them without receiving the AVs’ identities or contact information. The facility provided childcare services for toddlers and preschoolers in a building shared with a church. The facility occupied one main hallway in the front of the building. The preschool classroom was at one end of the hallway and P1’s and P2’s offices were at the other end. Across the hallway from the preschool classroom was the preschool bathroom. At the time of the site visit, the preschool bathroom door was propped open. Immediately upon entering there was a brick wall, which created a short hallway into the main bathroom area. Two toilet stalls (stalls) were on the opposite side of the wall, meaning one would have to go around the wall to access the stalls. Two sinks were on the same wall as the stalls. There was a bench along the wall adjacent to the sinks. It was not possible to see into either stall if sitting on the bench or if standing in the main bathroom area. The facility’s policies and procedures stated the following: · The facility was licensed to provide childcare for up to 20 preschoolers between 7 a.m. to 5:30 p.m. · The preschool daily schedule included prescheduled bathroom breaks at 9:15 and 11:30 a.m., and 3 p.m. “No child is allowed in the bathroom alone, the stalls in the preschool bathroom are to be left open.” · “Toilet training will begin when appropriate according to the child’s age and stage of development and in accordance with the parent’s plan. Children who are in the process of being toilet trained will be offered frequent opportunities to use the bathroom facilities.” Staff were supposed to encourage a child’s independence when toileting. This included having the children remove their own pull-up or diaper and put it directly into a plastic bag or diaper pail. Staff then encouraged the child to sit on the toilet, praised from toileting attempts or success, and allowed the child to wipe their own bottom with toilet paper. Staff helped with any of these steps as needed. Information from law enforcement included the following: · On August 5, 2024, the SP was discovered in possession of child sexual abuse material, including hundreds of pictures of unclothed children or with intimate parts exposed. A large majority were of children not affiliated with the facility. · However, there was more than one picture of alleged victims (AVs) in the facility bathroom with exposed intimate parts. The AVs were identified in the pictures by their pants, and the facility bathroom was identified in the background of the pictures. · There was also more than one picture of the AVs in the preschool classroom with exposed intimate parts. This included children lying down on cots with blankets, indicating the pictures were taken during naptime. The AVs were identified by their blankets. · The pictures were taken on different days over approximately a one-month period. · During an interview with law enforcement, the SP admitted to taking the pictures of the AVs and that the AVs were enrolled at the facility. The SP provided the AVs’ names to law enforcement. The SP did not state if s/he removed the AVs’ pants or if the AVs removed their own pants. · The AVs were interviewed by a person who specialized in interviewing children who were alleged victims of sexual abuse. There was no information provided that sexual contact occurred, including touching or penetration. · The SP was arrested and charged with four felony counts relating to child sexual abuse material, including MN Statute section 609.746, subdivision 1, paragraph (g), clause (2), with reference to MN Statute sections 609.746, subdivision 1, paragraph (h). A person is guilty of a crime if they surreptitiously use any device to photograph a minor’s intimate parts. The SP’s charges also included possession of pornographic work involving a minor in violation of MN Statutes section 617.247, subdivision 4, paragraph (a). [Note: At the completion of this maltreatment investigation, the criminal investigation was ongoing.] P1 and P2 provided the following consistent information: · The SP worked alone in the preschool classroom and had been a “favorite” among children and parents. P1 and P2 were not aware of concerns with the SP’s conduct prior to the allegations. · Typically, staff took children to the bathroom during prescheduled times throughout the day that included more than one child in the bathroom at a time while the rest waited in the hallway to use the bathroom. Typically, one staff person was in the bathroom, and one was in the hallway. If a child needed to use the bathroom, outside of the prescheduled times, one staff person would take that one child to the bathroom. · When in the bathroom with children, staff were supposed to sit on the bench or remain nearby while the child used the toilet in the stall. If a child needed help, staff put on protective gloves and helped as needed. · P1 and P2 were not aware of any times a child was upset after using the bathroom when supervised by the SP or aware of any times the SP’s time supervising a child in the bathroom took longer than expected. · P1 and P2 did not see the SP using his/her cellphone in the bathroom or during naptime. · During naptime, the SP was the sole staff person with the napping children, except during his/her breaktime when another staff would step in for that period. The staff that stepped in was not consistent and could be a different staff depending on the day. · P1 said that as soon as the facility was notified of the allegations, the SP was no longer employed. The facility immediately notified all parents of current and perspective students, and setup communication means for them to stay informed. The facility was “very transparent” with parents, provided all requested information to law enforcement, and notified the Department of Human Services. Facility documentation stated that the SP, P1, and P2 received training on the facility’s policies and procedures and the Reporting of Maltreatment of Minors Act.
Conclusion: A. Maltreatment: On August 5, 2024, the SP was arrested and later charged with possession of pornographic work involving a minor and was in possession of pictures of six AVs’ intimate parts in the facility bathroom and classroom during naptime. The SP told law enforcement that s/he took the pictures of the AVs and provided the AVs’ names to law enforcement. There was no information provided that sexual contact occurred between the SP and the AVs, including touching or penetration. Regarding sexual abuse: There was more than one picture of the AVs in the facility classroom with exposed intimate parts. This included the AVs lying down on cots with blankets, indicating the pictures were taken during naptime. Given that there was no reasonable explanation why a child would remove their own pants during naptime, it was reasonable to conclude that the SP removed the AVs’ pants for the purpose of taking the pictures. In addition, taking pictures of the AVs’ exposed intimate parts during naptime or while in the bathroom had no reasonable explanation and therefore, was more likely than not for sexual or aggressive intent. Therefore, there was a preponderance of the evidence that the SP’s conduct included sexual abuse. It was determined that sexual abuse occurred ("sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, or by a person in a current or recent position of authority to any act that constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse includes threatened sexual abuse). Regarding neglect: The conduct of taking pictures of the AVs’ intimate parts was inconsistent with the standards of a professional caregiver in a facility licensed by the Department of Human Services and it exposed the AVs to conditions that seriously endangered their physical or mental health. Therefore, there was a preponderance of the evidence that the SP’s conduct was a failure to supply the Avs with necessary care and a failure to protect them from conditions or actions that seriously endangered their physical or mental health. It was determined that neglect occurred (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). B. Responsibility pursuant to Minnesota Statutes, section 260E.30, subdivision 4, paragraph (a), clauses (1) and (2): When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors: (1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care; (2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility’s compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual’s participation in the training, the caregiver’s supervision, and facility staffing levels and the scope of the individual employee’s authority and discretion; and (3) whether the facility or individual followed professional standards in exercising professional judgment. The SP was responsible for the care and supervision of the six AVs in the preschool classroom. The SP received training on the facility’s policies and procedures and the Reporting of Maltreatment of Minors Act. The SP was responsible for maltreatment of six AVs in the preschool classroom. C. Recurring and/or Serious Maltreatment: The Office of Inspector General is required to evaluate whether substantiated maltreatment by an individual meets the statutory criteria to be determined as “recurring or serious.” Individuals determined to be responsible for recurring or serious maltreatment are disqualified from providing direct contact services. Minnesota Statutes, section 245C.02, subdivision 16, states: “Recurring maltreatment” means more than one incident of maltreatment for which there is a preponderance of evidence that maltreatment occurred and that the subject was responsible for the maltreatment. Minnesota Statutes, section 245C.02, subdivision 18, states: "Serious maltreatment" means sexual abuse, maltreatment resulting in death, neglect resulting in serious injury which reasonably requires the care of a physician whether or not the care of a physician was sought, or abuse resulting in serious injury. For purposes of this definition, "care of a physician" is treatment received or ordered by a physician, physician assistant, or nurse practitioner, but does not include diagnostic testing, assessment, or observation; the application of, recommendation to use, or prescription solely for a remedy that is available over the counter without a prescription; or a prescription solely for a topical antibiotic to treat burns when there is no follow-up appointment. For purposes of this definition, "abuse resulting in serious injury" means: bruises, bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal injuries; head injuries with loss of consciousness; extensive second-degree or third-degree burns and other burns for which complications are present; extensive second-degree or third-degree frostbite and other frostbite for which complications are present; irreversible mobility or avulsion of teeth; injuries to the eyes; ingestion of foreign substances and objects that are harmful; near drowning; and heat exhaustion or sunstroke. Serious maltreatment includes neglect when it results in criminal sexual conduct against a child or vulnerable adult. It was determined that the substantiated neglect and sexual abuse for which the SP was responsible was “recurring and serious” maltreatment. The SP was responsible for neglect of six AVs and was responsible for more than one instance of sexual abuse of the six AVs in the preschool classroom over an approximate one-month period. Pursuant to Minnesota Statutes, section 260E.35, subdivision 6, paragraph (c) all investigative data maintained in this report will be kept by the Department of Human Services for at least ten years after the date of the final entry in the report. Action Taken by Facility: The facility completed an internal review and determined that policies and procedures were not followed by the SP. The facility was in the process of reviewing their policies and procedures regarding the use of cellphones and other devices by staff persons. All staff persons received additional training regarding online safeguarding. The SP was no longer employed. Action Taken by Department of Human Services, Office of Inspector General: The SP was notified that s/he was responsible for recurring and serious maltreatment and that any future background studies for facilities, programs, organizations, and/or agencies that are required to have individuals complete a background study by the Department of Human Services as listed in Minnesota Statutes, section
245C.03, will result in his/her disqualification. The determination that the SP was responsible for maltreatment is subject to appeal. 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.
|
