Legacy Academy Berkeley Lake

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 November 16, 2023, at approximately 3:15 p.m. a four-year-old child picked up a plastic cover of a water main, threw it into the air, and hit another four-year-old child on the right side of their eye while on the playground. Staff observed the children to be digging with the cover and told the children to stop playing with the plastic cover. The staff did not respond to the actions of the children when they did not ensure that the children had stopped playing with the cover and one of the children threw the plastic cover into the air and it hit the other child in the face. The child required professional medical attention as a result of the injury.

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591-1-1-.03(9) · Rule 591-1-1-.03(9) requires center staff to refrain from engaging in, or allowing children or other adults to engage in, activities that could be detrimental to a child's health or well-being, such as but not limited to, horse play, rough play, wrestling, and picking up a child in a manner that could cause injury.

During an investigation conducted on May 17, 2022, it was determined based on investigative findings that center staff handled a two-year-old child in a manner that could cause injury. On May 9, 2022, a staff member led the child to the door by the arm. The child fell to the floor, but the staff member failed to let the child’s arm go. The child cried out in pain and was observed to stop using the arm a short time later. Professional medical attention was obtained and the child was treated for Nursemaid’s elbow.

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591-1-1-.03(9) · Rule 591-1-1-.03(9) requires center staff to refrain from engaging in, or allowing children or other adults to engage in, activities that could be detrimental to a child's health or well-being, such as but not limited to, horse play, rough play, wrestling, and picking up a child in a manner that could cause injury.

During an incident investigation conducted on March 2, 2022, it was determined that on February 14, 2022, a one- year-old child ran and fell. A staff person, who was holding another child, helped the child up. The staff person reached down and helped the child stand by holding one arm. When they began to walk, the child began to cry loudly. The child was observed to be favoring their arm. Management and the parent were notified. The child received professional medical treatment and was diagnosed with a serious arm injury. An enforcement fine was previously issued for this rule violation. This rule violation is no longer appealable.

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591-1-1-.03(9) · Rule 591-1-1-.03(9) requires that staff not engage in, or allow children or other adults to engage in, activities that could be detrimental to a child’s health or well-being, such as but not limited to, horse play, rough play, wrestling, and picking up a child in a manner that could cause injury.

During an investigation, it was determined that on February 14, 2022, a one-year-old child ran and fell. A staff person, who was holding another child, helped the child up. The staff person reached down and helped the child stand up by holding one arm. When the child began to walk, the child began to cry loudly. The child was observed to be favoring their arm. Management and the parent were notified. The child received professional medical treatment and was diagnosed with a serious arm injury.

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591-1-1-.29(3) · Rule 591-1-1-.29(3) requires the Director or designated person-in-charge to report or cause to be reported to the Department within twenty-four (24) hours or the next business day: any death of a child while in the care of the Center; any serious illness or injury requiring hospitalization or professional medical attention other than first aid of a child while in care of the Center; any situation when a child in care becomes missing, such as but not limited to, a child who is left on a vehicle, a child who leaves the building, playground, or property, or a child who is left behind on any trip; any fire; any structural disaster; any emergency situation that requires temporarily relocating children; and any time the program’s operating status changes (i.e., open to closed or temporarily closed and temporarily closed to open).

During an investigation, it was determined that on February 14, 2022, a one-year-old child sustained an arm injury which required professional medical treatment. The center was made aware of the medical treatment on February 15, 2022. This incident was not reported to the Department until February 17, 2022.

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