FORT WORTH — Miss Endy’s Playhouse and Christian Day School is fighting state efforts to shut it down after children told an investigator they were spanked for wetting their pants.
Daycare leaders deny the allegations but contend in court documents that spanking is a discipline option because the facility is a Christian school.
"This was overreaching on the part of Protective Services," said Michael Handy, a Fort Worth attorney representing the facility. He said the 38 preschool and grade school children attending it are safe.
But the facility is licensed as a child care center and is not an accredited private Christian school. Hitting by hand or with an instrument is not allowed in Texas daycares.
The Texas Department of Family and Protective Services sent the facility’s administrator, Wilbernita Kinney-Crosby, a letter last Friday telling her to stop operating the daycare-school.
The facility, located at 5837 Humbert Ave. in the Como area, was able to stay open this week after 348th District Court Judge Dana Womack signed a temporary restraining order Monday evening. A hearing on an injunction is set for Dec. 22.
"They are still open," said Marissa Gonzales, spokeswoman in north Texas for the Texas Department of Family and Protective Services, which oversees child-care licensing. "There is going to be an injunction hearing on Monday where we will present our evidence as to why we feel it’s important for them to stop operating."
School leaders have also requested an administrative review through the department. If the result of that process doesn’t satisfy school leaders, they could request a proceeding with the State Office of Administrative Hearings.
The facility, licensed in 1985, has approval to care for children 18 months old through the fifth or sixth grade, Gonzales said. It must meet the minimum standards for operating a daycare.
The state’s investigation started with an October complaint from an unidentified parent that a 5-year-old was left in urine-soaked clothes for more than three hours.
The state followed up with an inspection and determined that the child also had to repeat out loud that she "would not potty on herself" while in timeout. Investigators also cited about 20 deficiencies, including reports of corporal punishment and yelling and humiliating children.
Other children interviewed said they were spanked with rulers, spatulas, spoons or a caregiver’s hand as discipline for urinating on themselves, according to the letter from the state.
The letter also alludes to a 2005 citation against the daycare, after the state found that it had used inappropriate discipline with children, including spanking during toilet training. At that time, the daycare was placed under a corrective action plan and was supposed to determine appropriate ways to way to discipline children.
Handy said the complaint was triggered by a parent who failed to bring an extra set of clothes for the child, which is required by daycare rules. Court documents filed on behalf of the school allege that the parent was disgruntled and owes tuition.
Youngsters and parents were worried closing Miss Endy’s would disrupt exams and field trips planned for this week.
Many parents attended Monday’s hearing. Parents and children also wrote numerous letters of support that were filed with the court.
"I am pleased with the overall principles at Miss Endy’s, " wrote D’Angelo Allen, who has four children attending the facility. "My children have good character and grades, what else could anyone ask for. She cares for all of the children and wants them to be the best they could be."
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