• Violation

  R 400.8176 · R 400.8176 Sleeping equipment. (8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed only for infants up to 2 months of age. If a child has a health issue or special need that requires the child use a swaddle attachment or swaddle wrap after the child is 2 months of age, documentation from the health provider is required. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

  On 08/19/2021, I spoke to the complainant regarding the allegations. She stated that she went to the child care center for a tour as she was looking for a child care for her child. She spoke to the program director, Marlene Jones, and she was there 2 for a while. There were three caregivers present during the tour. During the tour she observed two children sleeping in separate cribs, and they were sleeping in swaddles with the arms velcroid within the sack. Ms. Jones was tentative to the children, checking the breathing of the sleeping children, several times. Child A was 4-month-old as he was discussed as being the youngest in the center. Child B was much older and larger in size. Both children were well above the two-month-old age limit for napping in swaddle sacks. On 08/20/2021, I completed an onsite inspection at Teddy Bear Daycare. I spoke to Ms. Jones, Julia Beydoun, child care staff member, and licensee, Nesrine Beydoun regarding the allegations. I observed the center and there were six infants and toddlers present with two child care staff members. During the inspection, four toddlers were playing, and two infants were sleeping in cribs. According to Ms. Jones, she is the program director at the child care center. Ms. Jones has been working at the child care center for approximately 18 years. She stated that the center does use swaddle sacks with the children to assist them while sleeping. The swaddle sacks are not used with all of the children but it is used with some. The children are check frequently while they are sleeping to ensure they are breathing. During the inspection, I observed a child sleeping in s swaddle sack. I inquired about the child and the swaddle sack. Ms. Jones stated that he had been sleeping in the swaddle sack since he started attending the child care center. Ms. Jones was unsure of Child A's age but provided his date of birth as 03/11/2021. Child A is 5 months old. I asked Ms. Jones are there any other children that uses the swaddle sack. She stated that Child B, an 11-month-old, male slept in swaddle this week. He does not use it often, but the other day Child B was very crabby and had an ear infection. Child B would not sleep. Each time the child care staff member laid him down, Child A would wake back up. Child B was placed in a swaddle sack, and he went right to sleep. Ms. Jones was asked is there a medical reason for Child A and Child B to being sleeping in the swaddle sacks. Ms. Jones stated that there is no medical documentation for Child A or Child B on file at the child care center. I explained licensing rule R400.176(8) to Ms. Jones. Ms. Jones stated that she was unaware that the swaddle sacks could only be used with infants up to 2 months of age. Ms. Jones stated that the sleep swaddle sacks would not be used at the child care center and they would be discarded. According to Juila Beydoun, she is a child care staff member. She assists with the infants and toddlers at the child care center. She stated that Child A and Child B are the only children that sleeps in the swaddle sack at the center. According to Nesrine Beydoun, she was unaware that swaddle sacks were being used at the child care center. She stated that the swaddle sacks must be provided by the parents because she has not purchase any of them for the center. Ms. Beydoun stated that she will ensure that only children up to 2 months will use the swaddle sacks unless there is medical need and documentation. Ms. Beydoun 3 stated that she will have all child care staff members complete the Safe Sleep training.

On 08/18/2021, two unknown children, Child A (4-month-old, male) and Child B (unknown, male) were observed sleeping in their cribs in swaddles sacks at Teddy Bear Daycare. The children were approximately 4 months and older, well above the 2-month age limit.

Disposition: Substantiated