|
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: 111989-CCC (Child Care Center) Investigator(s): Van Mulheron Thu-van.mulheron@state.mn.us Suspected Maltreatment Reported: It was reported that an alleged victim (AV) was left alone in a gym and was found by a community person (CP). Date of Incident(s): September 11, 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 September 20, 2024; from documentation at the facility; and through five interviews conducted with two supervisor staff persons (P1 and P2), a staff person (SP1), the CP, and the AV’s family member (FM). SP2 was contacted via telephone and two interviews were scheduled for upcoming dates. However, SP2 did not answer the phone at the scheduled time and did not respond to messages left. SP2 provided a written statement to P1 and P2 and the information is documented below. The AV was three years old at the time of the incident and enrolled in the red preschool classroom. The AV had a limited vocabulary and did not talk to this investigator.
The facility was located in the Itasca Resource Center (IRC) building and had a separate entrance. Past the entrance was a hallway that had an office on the right and six classrooms on the left side. The red preschool classroom (PS) was the sixth classroom down the hallway and past the PS room was a gym and a kitchen. The gym had windows at the rear of the room that had a view of the playground. Directly across from the gym entrance door was a mostly glass door that led into a vestibule. The vestibule had an exterior glass door that opened outside to a driveway. Also, at the back of the gym, across from the vestibule was a locked closet that had a washer and dryer that was shared by the facility and some staff persons who worked at the IRC. (Note: The facility buzzed the IRC staff persons into the facility to use the washer/drying and allowed the persons to go into the gym without additional supervision or oversite of facility staff persons.) The door to the PS room had a glass window on the top half and an adjoining bathroom. The FM said that P1 called him/her and said that the AV “accidentally escaped the room.” P1 said that the AV was “fine.” According to the camera, when a staff person left the PS classroom and the AV followed but the staff person did not know. The AV walked into the gym and was found four minutes later. The FM said that the AV was being assessed for a developmental delay and had a prior concern about the amount of supervision for a field trip, which the AV did not attend. The FM had no additional concerns. The CP said that on the day of the incident after 2 p.m., s/he entered the facility and met a staff person (later identified as SP1) in the hallway just before the gym. SP1 came out of the kitchen and had “stuff” in his/her hands. The CP was going to use the washing machine and had a maintenance person (MP) with him/her to help him/her unlock the closet. SP1 replied, “Have fun.” and walked past the CP and the CP and MP walked into the gym. While the MP was unlocking the closet, the vestibule door opened, and the AV came out. The CP said, “Hello, where did you come from?” The AV looked at the CP, did not say anything, and then went back into the vestibule. The CP looked out the windows to the playground but did not see any staff persons or children. The CP asked the MP to watch the AV while s/he went to look for a staff person. As the CP walked out the gym door s/he heard a door open, and then SP1 say, “Where could [s/he] have gone? Where did [s/he] go?” The CP replied, “We have a missing child.” SP1 said, “Oh my God,” and then walked into the gym, picked up the AV, and went back to the classroom. The CP said it was about “30 seconds” from the time s/he found the AV, to walking to the gym door and seeing SP1. · The facility provided videos of the PS classroom, the hallway, and the gym. The videos had no dates, times, or audio and provided the following information: The classroom video was 5.3 minutes long: o At 25 seconds, SP2 stacked cots by the cubbies and SP1 grabbed cans off the counter and walked to the door and the bathroom door opened. o From 34 to 37 seconds, SP1’s back was faced toward the bathroom and s/he pushed the door open. The AV walked out of the bathroom and followed the SP1 out the door. o From 38 seconds to 3.25 minutes, SP2 engaged in work related activities including interacting with the children. o At 3.25 minutes, SP1 opened the door and entered the classroom, walked to the counter and set items on the counter. SP2 stood next to the bathroom. o At 3.47 minutes, SP2 looked around the classroom, walked onto the carpet, walked to the bathroom, looked inside and then walked out. o At 4.07 minutes, SP2 appeared to have a conversation with SP1. SP1 and SP2 walked around the classroom and then looked in the bathroom. o At 4.33 minutes, SP1 opened the door and left the classroom. SP2 followed SP1 to the door and stood at the open door. o At 5.4 minutes, SP1 appeared holding the AV outside the PS door. (Note: The video ended before SP1, and the AV entered the classroom.) · The hallway camera was located near the kitchen door and was 3.32 minutes long: o At 2 seconds, SP appeared turned left towards the kitchen and began to walk down the hallway. o At 8 seconds, the AV appeared and began to walk down the hallway behind SP1, who was at the entrance of the gym. o At 14 seconds, SP1 walked into the kitchen and out of view of the camera. o At 25 seconds, the AV walked into the gym and out of view of the camera. o At 1.26 minute, the CP entered the facility through the front door and walked down the hallway toward the gym followed by the MP. o At 1.51 minute, SP1 walked out of the kitchen, turned right, and walked down the hallway. o At 1.58 minute, the CP and SP1 passed each other in the hallway near the gym door. o At 2.2 minutes, the CP walked into the gym and out of view of the camera. SP1 walked into the PS classroom. o At 2.35 minutes, the MP walked into the gym and out of view of the camera. o From 3.04 to 3.14 minutes, the CP walked out of the gym and into the hallway and SP1 appeared in the hallway from the PS classroom. SP1 and the CP faced each other, and the CP pointed into the gym. SP1 walked toward the gym and the CP and SP1 entered the gym and out of view of the camera. SP2 appeared in the hallway at the PS door and watched SP1. o At 4.25 minutes, SP1 appeared in the hallway holding the AV and walked to the PS classroom. · The gym video was 4.43 minutes long: o At 41 seconds, the AV walked into the gym and to the vestibule door. o At 52 seconds, the AV pushed the door open, walked through the door, and was out of view of the camera. o At 3 minutes, the CP appeared in the gym and walked to the closet door and attempted to open the closet door. o At 3.24 minutes, the CP turned away from the closet and walked to the gym door and out of view of the camera. o At 3.33 minutes, the CP and the MP appear in the gym and walked to the closet. The MP attempted to open the closet lock. o At 3.41 minutes, the AV opened the vestibule door and appeared in the gym. The CP turned toward the AV and appeared to talk with the AV. o At 3.51 seconds, the AV walked back into the vestibule and out of view of the camera. The CP and MP walked to the window and looked outside, and both approached the vestibule door. o From 4.11 to 4.14 minutes, the MP stood near the vestibule door and the CP walked to the entrance of the gym and out of view of the camera. o At 4.25 minutes, the CP appeared in the gym followed by SP1. As SP1 walked to the vestibule door the AV appeared and walked to SP1. SP1 picked up the AV and then walked with AV out of the gym. SP1 provided the following information: · On September 11, 2024, at approximately 2:25 p.m., SP1 was in the PS room with SP2 and 16 children, including the AV. SP1 was at the counter preparing snack when s/he realized that s/he had grabbed the wrong snack items earlier in the day. At that time, the AV was standing in near a “quiet cube” area. SP1 grabbed the incorrect snack and walked over to the tables and told SP2 that s/he was going to the kitchen to get the correct snack items. SP1 walked to the door, out into the hallway, and turned left. SP1 let the door shut and did not look behind him/her as s/he walked to the kitchen and grabbed the correct snack items. · SP1 left the kitchen and began to walk back to the classroom when s/he saw the CP with the MP in the hallway. SP1 greeted them and then walked past and into the PS classroom. · SP1 set the snack on the counter and SP2 walked over to SP1 and said that s/he could not find the AV. SP1 and SP2 began to look around the classroom including the bathroom but did not see the AV. SP1 then walked out of the classroom and looked to the right and left and saw the CP. The CP said, “There is a kid on the loose,” and SP1 “quickly” went to the gym and saw the MP standing next to the vestibule door. SP1 went to the vestibule door and the AV walked into the gym. SP1 picked up the AV and asked the AV, “How did you get out of the classroom?” and then walked back to the PS room with the AV. SP1 told SP2 that the AV was in the gym and then SP2 went to the office and told P2 about the incident. SP1 said that s/he did not talk with the CP or the MP while s/he was in the gym. · SP1 said the AV was “normal,” “not crying,” and “unphased” by the incident. The AV was normally “very quiet” and did not respond to his/her name but could make “noises” to express his/her emotions. SP1 said that the AV had never left the classroom before. SP2’s written statement to P1 and P2 stated that after naptime SP2 was sitting at a table helping children with an afternoon activity. The AV was in the “quiet cube” area and SP1 was at the counter about to prepare snack. SP1 then said s/he was going the kitchen to get the correct snack. SP2 continued to help the children at the table while SP1 left the classroom. When SP1 returned to the classroom, SP2 was counting the children and as SP2 looked around, s/he noticed that the AV was not there. SP2’s initial reaction was to “panic” and s/he asked SP1, “Where is [the AV]?” SP1 and SP2 then searched the room and when they did not find the AV, SP1 left the classroom. When SP1 returned to the classroom s/he was holding the AV and said that the AV was in the gym. SP2 then went to the office and told P1 and P2 about the incident. P1 and P2 said that SP2 came into the office and told them the AV had left the classroom. P2 spoke with both SP1 and SP2, and both provided information to P2 that was consistent with the information SP1 provided and in SP2’s written statement. P1 and P2 watched the videos of the incident and provided information regarding the video that was consistent with the information above. P1 and P2 said that although the AV was in the vestibule, the AV would not have been able to open the door to leave the facility because the door was “too heavy.” P1 and P2 had no prior concerns about SP1 or SP2. The facility’s Risk Reduction Plan and Active Supervision Plan stated that “Staff set up the environment so they can supervise the children at all times … Staff place themselves co they can see and hear children in their care.” Facility records showed that prior to the incident, P1, P2, SP1, and SP2 were trained on the facility’s Risk Reduction Plan, Active Supervision Plan, and the Reporting of Maltreatment of Minors Act. Relevant Rules and/or Statutes: Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045, subpart 1, item A, state 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 September 11, 2024, SP1 left the classroom to get the correct item for snack. As SP1 walked through the classroom door the AV followed SP1 out of the classroom without the SP1’s or SP2’s knowledge. SP1 went directly to the kitchen without looking behind him/her. The AV followed SP1 but walked into the gym and then into the vestibule where s/he remained alone for approximately four minutes which was a violation of Minnesota Statutes, section 245A.02, subdivision 18, and Minnesota Rules, part 9503.0045. subpart 1, item A. When SP1 returned to the classroom, SP2 was counting the children and noticed that the AV was missing. After not finding the AV in the classroom, SP1 left the classroom and when s/he entered the hallway, the CP told SP1 that s/he had a missing child. Video footage showed that the AV followed SP1 as s/he left the classroom, walked behind SP1 and into the gym and then the vestibule. Given that SP1 and SP2 were engaged in work related activities including SP1 getting and preparing snack and SP2 sitting at a table working with children, each could not know where every child was at every moment; that although SP1 did not check behind him/her when s/he left the classroom, the AV had never left the classroom previously so SP1 had no reason to expect that any child followed him/her; that SP1 and SP2 were each aware of where the AV was just prior to SP1 leaving the classroom which was not near the door; and that SP2 performed a periodic count of the children at the same time SP1 returned to the classroom and they discovered that the AV was missing, there was not a preponderance of the evidence that there was a failure to supply the AV with necessary care or a failure to protect the AV from conditions or actions that seriously endangered his/her physical or mental health. It was not 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.) 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 conducted an internal review and determined that policies and procedures were adequate and were followed at the time of the incident. Action Taken by Department of Human Services, Office of Inspector General: On January 29, 2025, 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.
|
