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Lebanon parents say son hospitalized after eating cannabis gummy while at daycare

Boone County prosecutors charged two former workers with Neglect of a Dependent
Records show Creed tested positive for Cannabinoids, a group of substances found in the cannabis plant, typically THC and CBD.
Posted at 12:40 PM, Feb 08, 2024
and last updated 2024-02-08 18:11:23-05

LEBANON — Lebanon parents are raising concerns after they say their toddler was hospitalized after eating a cannabis gummy while at daycare.

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.

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They chose Just Be Kids Learning Center because it’s a licensed center, which means they have to follow specific child/staff ratios, supervision requirements, submit to criminal history checks and complete safe sleep and CPR training. 

“I did my research,” said Edens. “I looked up this facility. They are a licensed facility.”

Their 1-year-old son, Creed, is rambunctious and high energy—a typical toddler.

That’s why his father, Joseph 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.

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Just Be Kids Learning Center in Lebanon

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.

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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.

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"It's hard to trust anybody with your kids after something like this happens,” said Edens.

More and more Hoosier children are receiving medical treatment after they ingest cannabis-laced edibles, according to the Indiana Poison Center.

“We've definitely seen a sharp increase, especially over the last seven to eight years,” said Dr. Blake Froberg, director of the Indiana Poison Center. “We're seeing more kids that, as they explore their environment, get into these and then end up needing medical care.” 

In recent months, police and school officials have been warning parents of the dangers of cannabis edibles and kids.

If you think your child has been exposed to THC or any other toxic substance, you can contact the Indiana Poison Center at 800-222-1222.
Common symptoms including vomiting, dizziness, difficulty waking, a rapid heart rate, drowsiness, confusion and breathing difficulties.

You can check a childcare’s inspection record on the FSSA Child Care Finder website.

FULL FSSA INSPECTION REPORT FOR JUST BE KIDS LEARNING CENTER

1-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: "IC 12-17.2-4-3.5: B) use or possession of alchohol or an illegal substance is prohibited in the child care center when child care is being provided" Child from facility had a positive test of THC taken at hospital.

Regulation: IC 12-17.2-4-3.5(a)(1)

Action needed to correct issue: A child care center shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for an individual who: is employed

2-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: On January 16th, a situation happened in the facility where management did not report to the division within 5 days of the occurrence.

Regulation: 470 IAC 3-4.7-12(b)

Action needed to correct issue: Child care center authorities shall confirm verbal reports to the division, in writing, within five (5) days of the occurrence unless otherwise directed by the division

3-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: On January 16th, a situation happened in the facility where management did not report to the division that possible child neglect occured.

Regulation: 470 IAC 3-4.7-12(a)(4)

Action needed to correct issue: 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

4-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: On January 16th, a situation happened in the facility where management did not report to the division that a child was taken to the emergency room.

Regulation: 470 IAC 3-4.7-11(a)(14)(c)

Action needed to correct issue: The governing body, or others designated to represent the child care center, shall immediately notify the division, in writing, of the following: Any serious child injury, occurring while the child is in the care of child care center caregivers, that requires medical attention by: emergency room personnel

5-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: At time of visit, Older Twos room is out of ratio 7 children to 0 Qualified caregivers.

Regulation: 470 IAC 3-4.7-48

Action needed to correct issue: Child/staff ratios and supervision

6-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: On January 16th, a situation happened in the facility where management did not report to the division within 5 calendar days.

Regulation: 470 IAC 3-4.7-11(b)

Action needed to correct issue: Failure to report any of subsection (a) within five (5) calendar days may result in probation, suspension, or revocation of the child care center license

7-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: At visit on 1/26/24, one staff member present with children is Disqualified. On 1/16/24 and 1/17/24, one staff member present with children did not have fingerprints on file.

Regulation: IC 12-17.2-4-3(d)

Action needed to correct issue: An applicant shall, at no expense to the state, submit: (1) the necessary information, forms, or consents; and (2) the applicant fingerprints; for a national criminal history background check by the Federal Bureau of Investigation.

8-

Inspection type: Licensing

Date: 1/26/2024

Type of correction needed: On 1/16/24 and 1/17/24, one staff member present with children did not have a consent form on file.

Regulation: IC 12-17.2-4-3(e)(1)

Action needed to correct issue: Subject to section 3.3 of this chapter, the applicant must, at no expense to the state, do the following: Require an employee or volunteer of the applicant who may be present on the premises of the child care center during operating hours of the child care center to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.