The Sunshine House #51

591-1-1-.32(4) · Rule 591-1-1-.32(4) requires that for centers with a licensed capacity of 19 or more, children under three (3) years of age shall be housed in separate physical areas from older children and cannot be mixed with older children except at the following times and circumstances .

During an investigation, it was determined that on March 13, 2024, children under three years of age were not housed in separate physical areas from older children during nap time. There were three two-year-old children, 12 three-year-old children, and five, four-year-old children in one classroom during nap time.

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591-1-1-.11(2) · Rule 591-1-1-.11(2) requires that personnel shall not: physically or sexually abuse a child or engage or permit others to engage in sexually overt conduct in the presence of any child enrolled in the center.

During an investigation, it was determined that on March 13, 2024, during nap time, a staff member put both of their hands around a two-year-old child’s neck and shook the child, causing their head to hit the floor. The staff person then hit the child in the face with a stuffed animal. With the child on their back, the staff person held the child’s left leg over their head for 21 seconds. The staff member then grabbed the child’s face, slapped the child’s cheek, and held the child’s face to the ground for 18 seconds. The staff member then pulled the child by one arm and one leg and flipped the child over roughly to their stomach. The staff member laid their body across the child’s body for 32 seconds. The child bent over his feet and head on the floor, the staff member pushed the child down and pulled the child back on their mat roughly. Lastly, the staff member laid their body across the child’s legs for 54 seconds. The staff member was arrested for battery as a result of the incident.

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591-1-1-.31(13) · Rule 591-1-1-.31(13) requires that center Staff shall not commit any criminal act, as defined under Georgia law, in the presence of any child enrolled in the Center. Center staff shall comply with all applicable laws and regulations.

During an investigation, it was determined that on March 13, 2024, a staff person handled a two-year-old child roughly and used aggressive force during nap time. The staff person was later arrested and charged with one felony count of Cruelty to Children in the 1st Degree and one felony count of Aggravated Assault by Strangulation. This criminal act was committed in the presence of other enrolled children at the time of the incident.

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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 March 13, 2024, the staff to child ratios were not maintained when there was one staff person in a classroom with 20 children, ages two to four years old, during nap time. There were three two-year-old children, 12 three-year-old children, and five four-year-old children. Based on the age of the youngest group of children that included more than 20 percent of the total number of children in the mixed age group, two staff persons were required.

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591-1-1-.26(8) · Rule 591-1-1-.26(8) requires that climbing and swinging equipment shall have a resilient surface beneath $499.00 the equipment and the fall zone from such equipment must be adequately maintained by the Center to assure continuing resiliency.

During an investigation, it was determined that during outside play on May 18, 2021, at approximately 3:30 p.m., when a four-year-old child fell from the top of a slide and sustained an occult elbow fracture to the right arm. The center staff failed to maintain an adequate amount of resilient surfacing material underneath the slide on the main playground. There were three inches of resilient surfacing underneath the play structure and six inches were required.

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591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children be supervised at all times. "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, chaperones and Students-in-Training. The persons supervising in the childcare area must be alert, able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the chaperones and Students-in-Training, and provide timely attention to the children's actions and needs.

During an investigation, it was determined that during outside play on May 18, 2021, at approximately 3:30 p.m., a four-year-old child fell from the top of a slide onto the ground. Center staff did not observe what happened to the child and were not providing watchful oversight at the time of the incident. Professional medical treatment was sought and the child was diagnosed with an occult elbow fracture of the right arm.

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