Gems Learning Academy

591-1-1-.15(6)(f) · Rule 591-1-1-.15(6)(f) requires that hot food shall not be served at a temperature which would cause the children to burn their mouths upon consuming the food.

During an investigation, it was determined that on December 11, 2023, a five-year-old child sustained a burn to the forehead after a serving of mashed potatoes was dropped on their forehead during meal time. The staff member was in the process of serving the mashed potatoes when a portion of the food fell from a serving spoon onto the child’s forehead. The child required professional medical treatment as a result of the incident.

View state record

591-1-1-.36(10) · Rule 591-1-1-.36(10) requires that a child never be left unattended in a vehicle. AND

View state record

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 Incident Investigation Closure conducted on August 8, 2024, it was determined based on investigative findings that on May 15, 2024, center staff failed to provide watchful oversight when they did not ensure that there were no children left in the van. A seven-year-old child in care was left on the center van for at least 33 minutes.

View state record

591-1-1-.36(7)(c)2 · Rule 591-1-1-.36(7)(c)2 requires that the driver or other designated person shall immediately document in writing, with a check or other mark/symbol to account for each child listed on the passenger transportation checklist each time a child enters and exits the vehicle. The driver or other designated staff person shall document in writing with a different mark/symbol to account for each child listed on the passenger transportation checklist who was not present on the vehicle for any reason. An explanation shall be documented in writing whenever a child is transported to a field trip site but is not present on the return trip to the Center.

During an Incident Investigation Closure conducted on August 8, 2024, it was determined based on investigative findings, that on May 15, 2024, center staff failed to ensure that the information documented on the transportation checklist was accurate when they mistakenly accounted for a seven-year-old child that did not exit the vehicle. The seven-year-old child was left on the vehicle for at least 33 minutes.

View state record

591-1-1-.36(7)(d)1 · Rule 591-1-1-.36(7)(d)1 requires that the first check be conducted immediately upon unloading the last child at any location including, but not limited to, a field trip destination, arrival at the Center, and the last stop during transportation to home or school. The responsible person on the vehicle shall physically walk through the entire vehicle; visually inspect all seat surfaces, under all seats and in all compartments or recesses in the vehicle’s interior; sign the passenger transportation checklist (s), indicating all of the children have exited the vehicle; and give the passenger transportation checklist(s) to the second designated Staff person.

During an Incident Investigation Closure conducted on August 8, 2024, it was determined based on investigative findings that on May 15, 2024 center staff incorrectly completed the transportation log and did not conduct a first check of the transportation vehicle as required after returning to the center. This resulted in a seven-year- old child in care being left unattended on the vehicle for at least 33 minutes.

View state record

591-1-1-.36(7)(d)2 · Rule 591-1-1-.36(7)(d)2 requires that the second designated Staff person conduct a check of the vehicle immediately upon the completion of the first check of the vehicle. The responsible person shall physically walk through the entire vehicle; visually inspect all seat surfaces, under all seats and in all compartments or recesses in the vehicle's interior; and sign the passenger transportation checklist(s), indicating all of the children have exited the vehicle. There shall be continuous watchful oversight of the vehicle between the first check and second check.

During an Incident Investigation Closure conducted on August 8, 2024, it was determined based on investigative findings that on May 15, 2024 center staff failed to conduct a second check of the transportation vehicle after returning to the center from taking children to school. As a result, a seven-year-old child in care was left unattended on the vehicle for at least 33 minutes.

View state record

591-1-1-.36(3)(a-b) · Rule 591-1-1-.36(3)(a-b) requires any Center that provides any type of transportation to obtain two (2) hours of state approved or state-accepted transportation training, biannually, for the Director and for each person responsible for or who participates in transportation of children. The training shall include, but is not limited to, a review of the transportation rules, a review of approved transportation forms and procedures, and instruction on the usage and completion of the forms and procedures. This training may be counted as part of the annual training requirements for Staff.

During an Incident Investigation Closure conducted on August 8, 2024, it was determined based on an investigation that a staff member completed transportation training that was not approved by the Department. Center staff failed to ensure that staff members who participate in the transportation of children had obtained 2 hours of state-approved transportation training. The staff member conducted transportation on May 15, 2024, which resulted in a seven-year-old child being left on the vehicle following morning transportation for at least 33 minutes.

View state record

591-1-1-.36(7)(d)3. · Rule 591-1-1-.36(7)(d)3. requires that if a second designated Staff person is not available to conduct a second check of the vehicle the driver will check the vehicle by physically walking through the entire vehicle; visually inspecting all seat surfaces, under all seats and in all compartments or recesses in the vehicle's interior; and signing the passenger transportation checklist(s), indicating all of the children have exited the vehicle, and then report by phone to the Director or designated Staff person that the check has been completed and no children remain on the vehicle. The time and verification of such telephone contact shall be immediately documented and signed on the passenger transportation checklist(s) by the driver.

During an Incident Investigation Closure conducted on August 8, 2024, it was determined based on an investigation that on May 15, 2024 a seven-year-old child was left unattended on a center vehicle. Center staff failed to ensure that a thorough check of the vehicle upon arrival at the school was conducted by the driver when the driver was the only staff member present at the location to conduct a check. Additional staff were present at the center but were engaged in other duties and no staff member was designated to conduct the second check of the vehicle.

View state record

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 Incident Investigation Closure on May 18, 2024, it was determined that on April 2, 2024, a three- year-old child was injured while climbing on equipment that was not age appropriate while on the playground. During transition at the end of the day, the three-year-old child and a classmate were supposed to transition to another classroom. The children were not escorted to the classroom and walked down the hallway without adult supervision and went to the after-school classroom. At the time of the incident there was a ratio of 1:27 mixed aged group that transitioned to the school-aged playground, the staff member was unaware that the three-year- old child was not supposed to be in the after-school classroom. The staff member did not conduct a head count of the children while in the classroom or on the school-aged playground. While on the playground, the three- year old child attempted to climb the circles ladder climber measuring five feet in height. The staff member was positioned at the classroom's exit door to monitor a child in the restroom, and the three-year-old child was not observed on the back side of the jungle gym climbing a ladder on the climber. The three-year-old child fell from the ladder and injured their left arm. The three-year-old child received professional medical attention and was diagnosed with a broken left elbow. 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.

View state record

591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children shall 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 April 2, 2024, a three-year-old child was injured while climbing on equipment that was not age appropriate while on the playground. During transition at the end of the day, the three-year-old child and a classmate were supposed to transition to another classroom. The children were not escorted to the classroom and walked down the hallway without adult supervision and went to the after-school classroom. At the time of the incident there was a ratio of 1:27 mixed aged group that transitioned to the school-aged playground, the staff member was unaware that the three-year-old child was not supposed to be in the after-school classroom. The staff member did not conduct a head count of the children while in the classroom or on the school-aged playground. While on the playground, the three-year old child attempted to climb the circles ladder climber measuring five feet in height. The staff member was positioned at the classroom's exit door to monitor a child in the restroom, and the three-year-old child was not observed on the back side of the jungle gym climbing a ladder on the climber. The three-year-old child fell from the ladder and injured their left arm. The three-year-old child received professional medical attention and was diagnosed with a broken left elbow.

View state record

591-1-1-.32(2) · Rule 591-1-1-.32(2) requires that mixed-age groups for centers with a licensed capacity of 19 or more children. The Staff: child ratios for a mixed-age group shall be based on the age of the youngest group of children that includes more than twenty percent (20%) of the total number of children in the mixed- age group.

During an investigation, it was determined that on April 2, 2024, at 5:00 p.m., a three-year-old child was present in a mixed age group while on the school aged playground. The three-year-old child and a classmate were supposed to transition to a different classroom, but instead walked down the hallway without adult supervision and went into the after-school classroom. The after-school classroom had 19 children ages six- years-old to twelve-years-old with one staff member, when the staff member was advised that they would receive an additional six children, resulting in a group of children with a ratio of 1:25 ages six-years-old to twelve-years-old. After a two-year-old and three-year-old child entered the afterschool classroom without staff member’s knowledge, the ratio increased to 1:27 at the time of the incident. A ratio of 2:27 was required. The mixed age group of children were transitioned to the school-age playground. While on the playground, the three-year-old child attempted to climb a ladder on a climber measuring five feet in height. The staff member was at the classroom door monitoring a child that was using the restroom when the incident occurred. The three-year-old child fell from the ladder and injured their left arm. The three-year-old child received professional medical attention and was diagnosed with a broken left elbow.

View state record

591-1-1-.12(1) · Rule 591-1-1-.12(1) requires all indoor and outdoor furniture, activity materials, and equipment shall be used: in a safe and appropriate manner by each Employee and child in attendance; and in accordance with the manufacturer’s instructions, recommendations, and intended use. All equipment and furniture shall be used only by the age-appropriate group of children.

During an investigation, it was determined that on April 2, 2024, at 5:00 p.m., a three-year-old child was injured while on the school aged playground. The three-year-old child climbed on the circles ladder climber equipment that was not age appropriate at the school-age playground. The circles ladder climber equipment was five feet in height and was intended for use for children aged five and older. The circles ladder climber was positioned at the back side of the jungle gym play structure. The child fell from the equipment and injured their left arm.

View state record

591-1-1-.26(8) · Rule 591-1-1-.26(8) requires climbing and swinging equipment to have a resilient surface beneath the equipment and the fall zone from such equipment must be adequately maintained by the Center to assure continuing resiliency.

It was determined based on an investigation that on April 2, 2024, at 5:00 p.m., a three-year-old child was injured while climbing on equipment with inadequate resilient surface on the school-age playground. The child attempted to climb the circles ladder climber that was five feet tall when the child fell from the top of the ladder onto the resilient surface that measured at three inches in depth. The center failed to ensure that the surface beneath the equipment and within the fall zone from the equipment was six inches in depth, as required by the Department. As a result of the incident, the child required professional medical attention and was diagnosed with a broken elbow.

View state record