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 an investigation, it was determined that on September 14, 2022, at approximately 10:30 a.m., staff failed to provide watchful oversight when a one-year-old child sustained multiple scratches to both sides of the child’s cheek, on and around the left side of the ear, below the left nostril, on the chin, on the scalp near the hairline, along the forehead, and behind the child’s neck. Professional medical attention was obtained. The staff person failed to provide watchful oversight and did not position themself during a diaper change to be able to promptly respond to the actions and needs of the children. The two-year-old child was known to scratch, and staff should have kept the child in close proximity. Medical documentation described the one-year-old child’s injuries as having multiple two centimeters excoriations on the right cheek, a small lesion just below the left nostril, on the chin, a few lesions on the left cheek, on the left ear, on the back of the child’s neck, and on the scalp near the hairline along the forehead. The medical report also documented that the lesions had dried blood.