Baby Cakes Learning Academy Llc

591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm¶s length away from children thirty- six (36) months of age and younger.

During a Licensing Study conducted on March 28, 2023 ; It was determined based upon observation that the Staff in Classroom A stepped out of the room to open the front door for the Consultant upon the Consultant's arrival. An adverse action was previously issued for this rule violation. This rule violation is no longer appealable. No fine is being issued at this time.

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm¶s length away from children thirty- six (36) months of age and younger.

During a POI Follow Up conducted on April 27, 2023 ; It was determined based upon observation that the Staff in Classroom A stepped out of the room to open the front door for the Consultant upon the Consultant's arrival. Staff in Classroom C stood in the doorway between Classroom A and Classroom C to supervise both classes. An adverse action was previously issued for this rule violation. This rule violation is no longer appealable. No fine is being issued at this time.

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm¶s length away from children thirty- six (36) months of age and younger.

During a Licensing Study conducted on January 24, 2024 ; It was determined based on observation that Staff #8, in Classroom Main A, stepped out of the classroom for less than one minute to obtain a broom and dust pan leaving the children without adult supervision. Exhibit "A"

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591-1-1-.32(2) · Rule 591-1-1-.32(2) requires the Center maintain Staff:child ratios in mixed-age groups based on the age of the youngest group of children that includes more than twenty percent of the total number of children in the mixed-age group.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based upon observation that Classroom A had a ratio of 1:14, including 7 one-year-old children, 2 two-year-old children, 2 three- year-old children, 1 five-year-old child, and two children six-years-old or older, when a ratio of 2:14 was required.

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591-1-1-.32(2) · Rule 591-1-1-.32(2) requires the Center maintain Staff:child ratios in mixed-age groups based on the age of the youngest group of children that includes more than twenty percent of the total number of children in the mixed-age group.

During a Licensing Study conducted on March 28, 2023 ; It was determined based upon observation that when the consultant arrived Classroom A had a Staff:Child Ratio of 1:9, two infants and 7 one-year- olds, when a ratio of 2:9 was required .

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm¶s length away from children thirty- six (36) months of age and younger.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based upon observation that center staff failed to supervise children at all times when the staff member walked out of Classroom A for approximately one minute to open the front door at the lobby to let in a parent and child as well as the Consultant. It was further determined that the staff member walked out of Classroom A for approximately two minutes a second time to let a parent and two children in while the Consultant was present. An adverse action was previously issued for this rule violation. This rule violation is no longer appealable. No fine is being issued at this time.

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm¶s length away from children thirty- six (36) months of age and younger.

During a Licensing Study conducted on March 28, 2023 ; It was determined based upon observation that the Staff in Classroom A stepped out of the room to open the front door for the Consultant upon the Consultant's arrival. Exhibit "A"

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591-1-1-.26(9) · Rule 591-1-1-.26(9) requires the playground to be kept clean, free from litter and free of hazards, such as but not limited to rocks, exposed tree roots and exposed sharp edges of concrete.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based upon observation that Playground A had two wasps present. It was further determined that Playground B had ants present along the white barrier of the playground area.

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591-1-1-.15(5) · Rule 591-1-1-.15(5) requires that the Center provide a menu listing all meals and snacks to be served during the current week except for School-age Centers where the food may be provided by the Parent(s) by agreement between the School-age Center and the Parent(s). Substitutions shall be recorded on the posted menu and menus shall be retained at the Center for six (6) months.

During a Licensing Study conducted on January 11, 2022 ; It was determined based on a review of records that the center did not provide a copy of the menu to the Consultant during the administrative review.

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591-1-1-.15(5) · Rule 591-1-1-.15(5) requires that the Center provide a menu listing all meals and snacks to be served during the current week except for School-age Centers where the food may be provided by the Parent(s) by agreement between the School-age Center and the Parent(s). Substitutions shall be recorded on the posted menu and menus shall be retained at the Center for six (6) months.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based on a review of records that the center did not provide a copy the menu to the Consultant during the administrative review.

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591-1-1-.21(3) · Rule 591-1-1-.21(3) requires that the Center conduct drills for fire, tornado and other emergency situations. The fire drills will be conducted monthly and tornado and other emergency situation drills will be conducted every six months. The Center shall maintain documentation of the dates and times of these drills for two years.

During a Licensing Study conducted on January 11, 2022 ; It was determined based on a review of records that the center did not provide a copy of fire drills and other emergency drills to the Consultant during the administrative review.

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591-1-1-.21(3) · Rule 591-1-1-.21(3) requires that the Center conduct drills for fire, tornado and other emergency situations. The fire drills will be conducted monthly and tornado and other emergency situation drills will be conducted every six months. The Center shall maintain documentation of the dates and times of these drills for two years.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based on a review of records that the center did not provide a copy of fire drills and other emergency drills to the Consultant during the administrative review.

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591-1-1-.33(4) · Rule 591-1-1-.33(4) requires within the first year of employment, the Director and person with primary responsibility for food preparation shall have four clock hours of training in food nutrition planning, preparation, serving, proper dish washing and food storage.

During a Licensing Study conducted on January 11, 2022 ; It was determined based on a review of records that the center did not provide evidence of nutrition training to the Consultant during the administrative review.

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591-1-1-.14(1) · Rule 591-1-1-.14(1) requires the Center Director and, at any given time, at least fifty percent (50%) of the caregiver Staff to successfully complete a biennial training program in cardiopulmonary resuscitation (CPR) and a triennial training program in first aid. The first aid training must be done by certified or licensed health care professionals or trainers and must deal with the provision of emergency care to infants and children. The Center shall maintain current evidence of the successful completion of such training which shall be available to the Department for inspection.

During a Licensing Study conducted on January 11, 2022 ; It was determined based on a review of records that the center did not provide evidence of completed First Aid and CPR training to the Consultant during the administrative review.

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591-1-1-.14(1) · Rule 591-1-1-.14(1) requires the Center Director and, at any given time, at least fifty percent (50%) of the caregiver Staff to successfully complete a biennial training program in cardiopulmonary resuscitation (CPR) and a triennial training program in first aid. The first aid training must be done by certified or licensed health care professionals or trainers and must deal with the provision of emergency care to infants and children. The Center shall maintain current evidence of the successful completion of such training which shall be available to the Department for inspection.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based on a review of records that the center did not provide evidence of completed First Aid and CPR training to the Consultant during the administrative review.

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591-1-1-.21(1)(p) · Rule 591-1-1-.21(1)(p) requires the Center to have a written plan for handling emergencies, including but not limited to severe weather, loss of electrical power or water and death, serious injury or loss of a child, a threatening event, or natural disaster which may occur at the Center; to have in place procedures for evacuation, relocation, shelter-in-place, lock-down, communication and reunification with families, and continuity of operations. The plan must apply to all children in care and include specific accommodations for infants and toddlers, children with disabilities, and children with chronic medical conditions and shall include assurance that no Center Personnel will impede in any way the delivery of emergency care or services to a child by licensed or certified emergency health care professionals.

During a Licensing Study conducted on January 11, 2022 ; It was determined based on a review of records that the center did not provide a copy of the written emergency preparedness plans to the Consultant during the administrative review.

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591-1-1-.21(1)(p) · Rule 591-1-1-.21(1)(p) requires the Center to have a written plan for handling emergencies, including but not limited to severe weather, loss of electrical power or water and death, serious injury or loss of a child, a threatening event, or natural disaster which may occur at the Center; to have in place procedures for evacuation, relocation, shelter-in-place, lock-down, communication and reunification with families, and continuity of operations. The plan must apply to all children in care and include specific accommodations for infants and toddlers, children with disabilities, and children with chronic medical conditions and shall include assurance that no Center Personnel will impede in any way the delivery of emergency care or services to a child by licensed or certified emergency health care professionals.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based on a review of records that the center did not provide a copy of the written emergency preparedness plans to the Consultant during the administrative review.

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591-1-1-.08(6) · Rule 591-1-1-.08(6) requires the Center to maintain records of a child's daily arrival and departure for the twelve (12) preceding months that the Parent or person(s) authorized by the Parent documents, in written or electronic format, each time the Parent or authorized person drops off and picks up the child. The documentation shall include at least the date, the child’s name, the arrival and departure times, and the signature or initials of the Parent or authorized person at the time of arrival and departure. These records shall be made available to the Department in printed or written form upon request.

During a Licensing Study conducted on January 11, 2022 ; It was determined based on a review of records that the center did not provide a copy of children's arrival and departure records to the Consultant during the administrative review.

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591-1-1-.08(6) · Rule 591-1-1-.08(6) requires the Center to maintain records of a child's daily arrival and departure for the twelve (12) preceding months that the Parent or person(s) authorized by the Parent documents, in written or electronic format, each time the Parent or authorized person drops off and picks up the child. The documentation shall include at least the date, the child’s name, the arrival and departure times, and the signature or initials of the Parent or authorized person at the time of arrival and departure. These records shall be made available to the Department in printed or written form upon request.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based on a review of records that the center did not provide a copy of children's arrival and departure records to the Consultant during the administrative review.

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591-1-1-.10(8) · Rule 591-1-1-.10(8) requires that Center Staff with diaper changing responsibilities to not be simultaneously assigned to kitchen food preparation duties.

During a Licensing Study conducted on January 11, 2022 ; It was determined based upon staff's statement that center staff with diaper changing responsibilities were also assigned to kitchen food preparation duties when a staff member stated that they prepare meals for the center.

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591-1-1-.10(8) · Rule 591-1-1-.10(8) requires that Center Staff with diaper changing responsibilities to not be simultaneously assigned to kitchen food preparation duties.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based upon staff's statement that center staff with diaper changing responsibilities were also assigned to kitchen food preparation duties when a staff member stated that they prepare meals for the center.

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591-1-1-.17(8) · Rule 591-1-1-.17(8) requires staff to wash their hands with liquid soap and warm running water upon arrival for the day, when moving from one child care group to another, upon re-entering the child care area after outside play, before and after diapering each child, dispensing medication, applying topical medications, handling and preparing food, eating, drinking, preparing bottles, feeding each child, assisting children with eating and drinking, after toileting or assisting children with toileting, using tobacco products, handling garbage and organic waste, touching animals or pets, handling bodily fluids and after contamination by any means.

During a Licensing Study conducted on January 11, 2022 ; It was determined based upon observation that center staff failed to wash their hands prior to changing a child's diaper during the consultant's visit.

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591-1-1-.17(8) · Rule 591-1-1-.17(8) requires staff to wash their hands with liquid soap and warm running water upon arrival for the day, when moving from one child care group to another, upon re-entering the child care area after outside play, before and after diapering each child, dispensing medication, applying topical medications, handling and preparing food, eating, drinking, preparing bottles, feeding each child, assisting children with eating and drinking, after toileting or assisting children with toileting, using tobacco products, handling garbage and organic waste, touching animals or pets, handling bodily fluids and after contamination by any means.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based upon observation that center staff failed to wash their hands prior to changing a child's diaper during the consultant's visit.

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591-1-1-.26(9) · Rule 591-1-1-.26(9) requires the playground to be kept clean, free from litter and free of hazards, such as but not limited to rocks, exposed tree roots and exposed sharp edges of concrete.

During a Licensing Study conducted on January 11, 2022 ; It was determined based upon observation that Playground B had a trash bag located on the equipment platform and thorny vines located on the front left side of the fence. It was further determined that Playground A had three large tree roots that posed a tripping hazard on this date.

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591-1-1-.33(4) · Rule 591-1-1-.33(4) requires within the first year of employment, the Director and person with primary responsibility for food preparation shall have four clock hours of training in food nutrition planning, preparation, serving, proper dish washing and food storage.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based on a review of records that the center did not provide evidence of nutrition training to the Consultant during the administrative review.

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm’s length away from children thirty-six (36) months of age and younger.

During a Licensing Study conducted on January 11, 2022 ; It was determined based upon observation that a center staff member failed to supervise children at all times when the staff member walked out of the classroom for approximately two minutes to open the front door in the lobby for a parent. It was further determined that the staff member walked out of the classroom to the front lobby where the Consultant was for approximately one minute.

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm’s length away from children thirty-six (36) months of age and younger.

During a Monitoring Visit conducted on July 21, 2022 ; It was determined based upon observation that center staff failed to supervise children at all times when the staff member walked out of Classroom A for approximately one minute to open the front door at the lobby to let in a parent and child as well as the Consultant. It was further determined that the staff member walked out of Classroom A for approximately two minutes a second time to let a parent and two children in while the Consultant was present. Exhibit "A"

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