Based on the results of the investigation the allegations are substantiated and additional areas of noncompliance were found not related to the complaint.
INVESTIGATION COMPLETE.
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K.S.A. 65-508 Equipment, supplies, accommodations; competent supervision and care of children; safe sleep practices; rules and regulations; immunizations. (a) (3) be operated with strict regard to the health, safety and welfare of any woman or child.
Description : Facility was not operated with strict regard to the health, safety and welfare of children when multiple administrative staff persons were notified of concerns regarding a staff members behavior and actions toward infants and the administrators did not take immediate action to ensure childrens safety and did not report the concerns to the local department for children and families nor to local law enforcement.
K.A.R. 28-4-440 Infant and toddler programs. (q) (10) Each individual shall wash that individual's hands after diapering, assisting a child with toileting, or changing a child's wet or soiled clothing.
Description : Per video footage, a staff member did not wash her hands after diapering infants.
K.A.R. 28-4-440 Infant and toddler programs. (q) ( 6) Changing tables shall be sanitized after each use by washing with a disinfectant solution of 1/4 cup of chlorine bleach to one gallon of water or with an appropriate commercial disinfectant.
Description : Per video footage, the staff member in the infant room (Room 213) did not sanitize the changing table after each use.
K.A.R. 28-4-440 Infant and toddler programs. (o) (2) Infants and toddlers shall spend time outdoors daily unless extreme weather conditions prevail.
Description : According collateral contacts, the infants do not spend time outside daily.
K.A.R. 28-4-439 Child care centers: food service. (h) Children's food shall not be placed on a bare table.
Description : Per video footage, the staff member places food directly on the high chair tray and the staff member did not wash, rinse, and sanitize the highchair tray between uses.
K.A.R. 28-4-430 Health practices; illness and abuse; general health requirements for staff. (b) (1) Each child's hands shall be washed with soap and water before and after eating and after toileting.
Description : Per video footage, infants hands are not washed before and after eating and after toileting.
K.A.R. 28-4-427 Program. (c) (1) There shall be a written program plan which includes daily learning experiences appropriate to the developmental level of the children. Experiences shall be designed to develop:
Description : According to collateral contacts, there is not a written program plan that includes daily learning experiences for the infant unit (Room 213).
K.A.R. 28-4-132 Child care practices. (a) Each child in day care shall be under the supervision of a person 16 years of age or older who is responsible for the child's health, safety and well-being.
Description : Infants in care were not appropriately supervised when, per collateral contacts, a staff member would sleep while being the sole staff member in the infant room.
K.A.R. 28-4-132 Child care practices. (b) (2) Punishment which is humiliating, frightening or physically harmful to the child shall be prohibited. Prohibited methods of punishment include:
Description : A staff member was observed on video using prohibited punishment on numerous occasions in the infant room (Room 213). Incidents involve infants being spanked, slapped, punched, kicked, thrown and dropped. There were multiple instances where infants were forced to drink bottles and when they attempted to push the bottle awa or became restless, the infant was hit, thrown on the floor and kicked. The staff member would yell "no" at infants, loudly and in their face. In one instance, an infant was crying, and the staff member held a bib over the infants mouth and nose. When this occurred, the cries were muffled.
K.A.R. 28-4-126 Health of persons 16 years or older in child care facilities. (a) (1) Each person caring for children shall be free from physical, mental or emotional handicaps as necessary to protect the health, safety and welfare of the children, and shall be qualified by temperament, emotional maturity, sound judgment, and an understanding of children.
Description : A staff member is not qualified by temperament, emotional maturity, sound judgement, and an understanding of children when she would walk up to infants and kick them, push them to the floor, pick them up by one arm, swing them in the air by one arm and hold a bib over their face.
The program director who, pursuant to KAR 28-4-440 (w), is responsible for implementing and supervising the program, failed to ensure that a staff member, caring for infants, was qualified by temperament, emotional maturity, sound judgement, and an understanding of children, after numerous concerns surfaced over a period of several months, regarding the staff members behavior and actions toward children, and the program director took no action to investigate the concerns.
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