LEBANON — The state is taking steps to revoke a childcare center’s license where Lebanon parents say their toddler ate a cannabis gummy and ended up in the hospital.
The Indiana Family and Social Services Administration (FSSA) notified Just Be Kids Learning Center in Lebanon on February 29 of its intent to revoke their license.
“The program has 30 days from that date to appeal the revocation and can continue operating during those 30 days,” said FSSA spokesperson James Vaughn in an email to WRTV. “If the program does appeal, they can continue to operate until a final determination has been reached.”
The enforcement action is posted on the child care center’s profile on the state’s website.
RELATED VIDEO:
“Violation: Did not report a serious injury to licensing,” read the summary.
State regulations say child care center authorities have to report suspected child neglect to FSSA within 5 days of the incident.
WRTV Investigates called and emailed the center for a response to FSSA’s enforcement action, and we received an email back from the Just Be Kids’ email account.
“It means that we can fight to stay open,” read the email from Just Be Kids to WRTV. “People are misunderstanding this. We have a plan B in the works in the event that something happens, these children and parents have nothing to worry about as for future care at this location.”
If Just Be Kids Learning Center does not appeal, they must close their doors at the end of the 30 days when their license is officially revoked, according to FSSA.
“Families can find alternate child care programs here [in.gov],” Vaughn said in an email to WRTV.
As WRTV Investigates reported, the alleged incident happened on January 16 at Just Be Kids Learning Center in Lebanon.
Two former workers at the center are criminally charged in connection with the incident.
Boone County prosecutors criminally charged Stella Latham and Paige Wilson Thursday with Neglect of a Dependent, a Level 6 felony.
The toddler’s parents, Joseph Rauseo and Shelby Edens, contacted WRTV Investigates Kara Kenney after their 1-year old son Creed ingested a gummy.
Rauseo knew something was wrong when he picked Creed up from daycare on January 16.
“He was lethargic, very unresponsive to me,” said Rauseo.
Creed was wearing different clothing than he had on that morning, Rauseo said, and the staff told him Creed didn’t take a nap that day.
But Rauseo said Creed’s behavior seemed more serious than just skipping a nap.
"I put him in the car, and he was nodding in and out, not himself at all,” said Rauseo. “You could tell something was not right."
Rauseo drove Creed to the hospital with Creed’s older sister in tow, and called their mother and his fiancé, Shelby Edens.
Edens will never forget seeing her baby in that hospital bed.
"It was very concerning seeing him limp and not responding to anything,” said Edens.
Doctors ran tests on Creed.
"When we got the toxicology report back, I was just in shock you know,” said Edens.
Records show Creed tested positive for Cannabinoids, a group of substances found in the cannabis plant, typically THC and CBD.
Creed’s parents say they don’t use any marijuana products, so they immediately suspected the childcare center.
“You're supposed to be able to trust these people with your children,” said Edens. “So, when something like that happens, I was just in a world of shock."
The parents contacted the Indiana Department of Child Services (DCS) and the Indiana Family and Social Services Administration (FSSA)—the state agency that licenses and inspects childcare facilities.
They also filed a police report with the Lebanon Police Department, which investigated the incident.
On February 8, Boone County prosecutors charged Stella Latham and Paige Wilson with Neglect of a Dependent.
Latham brought a THC gummy into the classroom during naptime, and Wilson placed it on a box that was accessible to children, according to court documents.
The gummy contained Delta 8 or Delta 9, according to court documents, a cannabis product that can be legal to buy in Indiana in low concentrations.
Video surveillance showed Creed grab the gummy and put it into his mouth, drop it onto his shirt and then onto the floor, according to court documents.
Creed’s parents say their son only ate part of the gummy, but because he’s only 30 pounds, it was enough to make him sick.
The daycare workers later found the gummy, checked on Creed, changed his stained shirt and high-fived each other, according to court documents.
“That showed me that they were trying to hide it,” said Edens. “They instantly took his shirt off. That shows me they didn't want us to find out. They didn't want us to know what happened."
WRTV Investigates emailed and stopped by Just Be Kids Learning Center to get their side of the story.
A woman who identified herself as the director did not want to go on camera, but she told WRTV she didn’t know about the gummy incident until Lebanon Police showed up at their door.
The director said both employees involved have been fired, and she told WRTV Investigates the incident was not intentional.
She also told us the center has cooperated with authorities and provided video footage to police, DCS and FSSA.
WRTV Investigates checked the FSSA website and found the state inspected Just Be Kids Learning Center on January 26.
FSSA cited the childcare center eight times, including that the center did not report the gummy incident to FSSA within five days.
In addition, FSSA found a disqualified staff member who did not have fingerprints on file.
FSSA also noted in its inspection findings, “The center shall verbally report immediately to the affected childs parent and to the division any serious occurrences involving any child. These occurrences include, but are not limited to, the following: Alleged abuse or neglect by child care center personnel.”
On February 8, an FSSA spokesperson said they placed Just Be Kids Learning Center on a six-month probation, during which time the state will visit monthly to check for compliance and safety.
"The disqualified staff member is no longer employed," said James Vaughn, FSSA spokesperson in an email to WRTV.
FSSA sent letters to families of children enrolled notifying them the program is on probation, said Vaughn.
Creed’s parents wish someone from the childcare center had told them what happened.
"If my son ingested something he shouldn't have,” said Rauseo. “I need to know so I can get the situation resolved immediately. They let us walk out the door with no notification."
Creed appears to be back to normal, but his parents worry about long-lasting impacts on his growing brain.
Rauseo and Edens immediately pulled both of their children from Just Be Kids Learning Center.
Edens left her job working with special needs children, and now stays home with Creed and his sister.
"It's hard to trust anybody with your kids after something like this happens,” said Edens.
You can check a childcare’s inspection record on the FSSA Child Care Finder website.
