Corbin daycare facility had history of violations

A Corbin daycare owner and director accused of abusing a two-year-old by placing a beanbag chair on top of him and sitting on top of it has pleaded not guilty to the charge.

At her arraignment Monday in Knox District Court, 33-year-old Tracy Fore pleaded not guilty to one count of first-degree criminal abuse.

The owner and director at Rainbows and Lollipops Daycare on South Ky. 1629 in Corbin, was arrested Friday following an investigation by Kentucky State Police.

According to the arrest warrant, Kentucky State Police Detective Brian Johnson and Trooper Sammy Farris began an investigation following a complaint that on Thursday, Fore had allegedly, “used a minor age 2yrs old as a seat by placing a bean bag on top of him during the time he was sleeping and the defendant sat on top of him while she used her computer.”

Fore was arrested about 4 p.m. at the daycare in Corbin.

Although this is the first time Fore has faced criminal charges, this is not the first time the daycare has faced complaints concerning substandard care

Since April 30, 2012, nine inspections by the Kentucky Cabinet for Health and Family Services’ Officer of Inspector General’s Division of Regulated Child Care have been conducted based on complaints.

The results included:

• Sept. 21, 2012 – “The staff working in the Nursery on 9/4/12 cannot provide information pertaining to the origin of Child #1’s injury resulting in a bruise to the inside and outside of her bottom lip.”

“An infant was found swaddled in a blanket lying on a bean-bag chair. The infant was sunk down deep into the bean-bag chair, enveloped by the chair with the sides up around each side of the infant’s face and head. The infant’s face was red; he was screaming, crying and squirming.”

“An infant was found sleeping in a swing.”

“A soda can was found on a table in the center on 9/4/12 with 15 ants crawling in, on and around the can and table.”

Inspectors also noted food crumbs, and trash on the floor of the kitchen and several ants in the kitchen.

A complaint investigation on March 1, 2013 found the facility to be in compliance in all areas.

A complaint investigation on Aug. 28, 2013 indicated that children were left unattended in a classroom while a staff member went to the kitchen to prepare the afternoon snack. The reason given was that no other staff was available on that day.

• Sept. 25, 2013 – “Based on interview, it was learned that the director had fallen asleep in the recliner in the school age area while supervising school age children (5 and older).”

An investigation on Oct. 29, 2013 revealed that when investigators arrived at the facility for a visit at 10:25 a.m. on Oct. 9, 2013, the center was closed with a sign indicating that the center would be closed on Oct. 8, 2013 because of a water leak. This is in violation of state regulations requiring that the cabinet be notified of the center’s temporary closure.

That inspection also noted that school age children at the facility are permitted to operate electrical equipment, dust and wash tables and toys in the classroom.

An inspection based on a complaint on Jan. 28, 2014 found the temperature in the infant classroom to be 62 degrees, 51, degrees in the two-year-old classroom and 54 degrees in the school age classroom.

An investigation on March 4, 2014 found that children were again being left unsupervised as staff members went to the kitchen area to prepare afternoon snacks.

Inspectors also reported that a staff member was required to work with the children after being diagnosed with strep throat.

“Based on interviews, the children were told to line up from shortest to tallest, lie down on the floor and put their noses on a strip of metal running across the floor as a way of getting the children to calm down,” the inspection report stated. “The children were not allowed to get up until a piece of candy was thrown at them. One child became frightened and would not get up from the floor; therefore, his comfort was compromised.”

The inspection also found that attendance records had been falsified, resulting in the daycare receiving payments from the Child Care Assistance Program for children that were not in attendance and for children on days that the daycare was closed.

The inspection also found that, “Children have been told that there is no more food when they asked for an additional portion of a food item.”

The most recent inspection based on a complaint was conducted Aug. 18.

Inspectors stated that on multiple occasions one person has been supervising as many as 10 children.

Beth Fisher, a spokesperson for the inspector general, said the investigation into the alleged incident is ongoing.

Based on that investigation, the daycare’s license could be revoked.

“As of today, no action has been taken,” Fisher said.

Calls to the daycare were answered by voicemail service, but stated the mailbox had not be set up to leave a message.

Under Kentucky Law, first-degree criminal abuse is a class “C” felony, carrying a potential prison sentence of five to 10 years.

Fore is scheduled to return to court Tuesday for a preliminary hearing to determine whether there is probable cause to send the case to the grand jury.