Battle Creek Christian Early Learning Center

R 400.8335(11) · R 400.8335(11) Food services and nutrition; provided by center (11) Prepared bottles and beverage containers of milk and formula must be refrigerated and labeled with the child's first and last name, date, and time of preparation.

Not all bottles were labeled with first and last name, date, and time made.

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R 400.8525(6) · R 400.8525(6) Exits (6) Means of egress must be maintained in an accessible, free, and unobstructed manner while a center is in operation.

An exit door in a classroom was blocked by a cot and a child sized couch.

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R 400.8530(10) · R 400.8530(10) Hazard Areas (10) The center shall not store combustible materials within the central heating plant or fuel-fired water heater rooms or in basements containing fuel-fired heating equipment, without a proper fire separation.

Combustible materials were being stored in a heat plant room. Materials included a shelving unit of multiple gallons of paint and a shelving unit of other miscellaneous materials such as a small plastic storage bin, caulk, and bottles of chemicals.

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R 400.8254(1)(c) · R 400.8254(1)(c) Diapering; toileting (1) Except as provided in subrule (2) of this rule, diapering must occur in a designated diapering area that complies with all of the following: (c) Has non-absorbent, smooth, easily cleanable surfaces in good repair. 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Bureau

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R 400.8213(1)(b) · R 400.8213(1)(b) Staff; volunteer (1) All staff and volunteers present at the center shall: (b) Act in a manner that is conducive to the welfare o f children.

The Child Care Licensing Bureau finds that program staff and the licensee designee are conducive to the welfare of children.

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R 400.8110(2) · R 400.8110(2) Applicant; licensee; licensee designee; requirements. (2) The applicant, licensee, and licensee designee shall have the administrative capability to operate the center to provide the services and facilities that a re conducive to the welfare of children.

PA, who is also the licensee designee, was not operating the center in an administratively capable manner when she opted not to communicate with all teachers who work with Child A that Child A had been involved in two incidents at the facility involving inappropriate touching with other children. For this 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP reason, teachers were unaware of the incidents and behaviors and did not increase supervision accordingly to prevent future incidents from occurring.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Appropriate care and supervision were not being provided on 10/14/2025 when Child A put mulch in Child B and Child C's pants and then licked the buttocks of both children, without teachers being aware that this was occurring until it was over.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Appropriate care and supervision were not being provided when Child A was found under the play structure on her stomach with her naked buttocks exposed and Child B sitting with her.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Appropriate care and supervision were being provided when Child A's finger was injured.

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R 400.8170(10) · PR18 R 400.8170(10) Outdoor play area. An outdoor play area and any equipment located on the center’s premises must be maintained in a safe condition and inspected daily before use to ensure t hat no hazards are present.

Upon observation by Program Administrator, teachers, and myself, the bikes and scooters in the outdoor play area appeared to be in safe condition as of the date of the onsite inspection on 06/09/2025.

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R 400.8125(1) · PR18 R 400.8125(1) Staff; volunteer; requirements. All staff and volunteers shall provide adequate care a nd supervision of children at all times.

Appropriate care and supervision were provided when Teacher 1 responded quickly and appropriately to Child A after falling and injuring her finger. Appropriate care and supervision were not provided when Teacher 3 did not buckle Child C into the stroller, resulting in Child C falling from the stroller to the ground. Had Child C been buckled in, she would not have fallen. New Rule 400.8213(1)(a)

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R 400.8125(1) · R 400.8125(1) Staff; volunteer; requirements. All staff and volunteers shall provide appropriate care and supervision of children at all times.

Appropriate care and supervision were not being provided when inappropriate contact occurred between Child A, Child B, and Child C without a child care staff member seeing it occur or becoming aware that it had occurred until a parent brought the matter to the center's attention.

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R 400.8140(3) · R 400.8140(3) Discipline. Non-severe and developmentally appropriate discipline or restraint may be used when reasonably necessary, based on a child's development, to prevent a child from harming himself or herself or to prevent a child from harming other persons or property, excluding those forms of punishment prohibited by subrule (2) of this rule.

During nap time CCSM 1 leaned over Child A to restrict his movement when was not reasonably necessary as Child A was not in danger or harming himself or others.

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R 400.8155(5) · R 400.8155(5) Child accidents and incidents; child and staff illness. A center shall have a written policy detailing when children, staff, and volunteers will be excluded from the center due to illness.

The child care followed their established illness exclusion policy.

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R 400.8155(4) · R 400.8155(4) Child accidents and incidents; child and staff illness. If a center becomes aware that a staff member, volunteer, or child in care has contracted a communicable disease, then the center shall notify parents and provide all of the following information:

The child care notified child care parents of the communicable Hand, Foot and Mouth disease as required by handing out a written notice and posting in the BrightWheel application as soon as they became aware of the diagnosis.

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R 400.8140(2)(a) · R 400.8140(2)(a) Discipline. Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP

Based on review of the video surveillance and interviews with child care staff and parents of children in care, there is enough information to confirm that child care staff member 1 used a prohibited form of discipline by lifting Child A up by her wrists off a chair to move to another location and Child A went limp and pulling her approximately three of four feet across the room to another area of the classroom, causing her to complain of wrist pain.

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

On 6/12/2023 I completed contact with program director Erin Lane. She reported that on 6/9/2023 she received notification that Child A reported to his mother that child care staff member 1 (CCSM 1) had hit him for discipline. She provided a written incident report including her conversation with Child A and CCSM 1 regarding the allegations. Ms. Lane stated that it is difficult to have a conversation with Child A because he tends to repeat what is stated to him. She has absolutely no concerns with CCSM 1. She reported that CCSM 1 is one of her most gentle and patient child care staff. The cameras are down in the classroom so no video footage could be reviewed. The written incident report indicated that on 6/9/2023 Child A's Mother came to the child care to assist after Child A had an incident of "destroying the classroom." While she was alone with him, helping him clean up the room, she asked him why he was angry, and he reported that CCSM 1 had hit him. Child A's Mother then came to Ms. Lane's office and notified her that Child A had reported to her last night and today that CCSM 1 hit him for discipline. Ms. Lane notified her that she would investigate the allegations further. Child A's Mother indicated that she wasn't sure if he Child A was telling the truth. The written incident report indicates that after Child A's Mother left the child care, Ms. Lane went outside to talk to Child A while he was on the playground. While she was pushing him on the swing, she asked him what made him so angry that day. He eventually responded that he was upset, because CCSM 1 hit him. He reported that she hit him when they were inside the building. He also reported that she hit him on the back of the head. Ms. Lane indicated that her assistant program director Amy Acker also spoke to Child A briefly about why he was upset, and he reported to her that he was upset because CCSM 1 had hit him. The written incident report also details that Ms. Lane spoke to CCSM 1 about the allegations. CCSM 1 denied ever hitting or even restraining Child A. She acknowledged putting her hand forward to stop him from grabbing or throwing something but has never hit or grabbed him. On 6/14/2023 I completed phone contact with Child A's Mother. She stated that Child A has had a tough time at child care. He has some problems with expressing himself and will act out behaviorally. He will throw toys, hit child care staff, and bite or spit. She is not sure if he acts out due to problems with overstimulation or a mental health diagnosis. He has just stared going to for evaluation. Recently, Child A had a bad day at the child care and she was notified by the child care staff. After she had picked Child A up from child care, she talked to him about what made him so upset that day. He reported that CCSM 1 had hit him twice. He 3 reported that she hit him on the back of the head and the arm. She asked him if he was sure, and he stated yes. Child A's Mother stated that she felt unsure about whether Child A was accurate in what he was reporting to her about CCSM 1 hitting him, so she sent him to child care the next day. He had another bad morning, and she was notified through the child care Bright Wheels Application that he was not doing well. During her lunch break, she came to the child care to help him clean up the mess he made and talk with him about his behaviors. While she was alone in the classroom with him, he again reported that CCSM 1 had hit him the day before. He was consistent in stating it was on the back of the head and arm. Child A's Mother continued to feel unsure about his allegation that CCSM 1 had hit him. She questioned whether CCSM 1 was just trying to stop him from throwing something, and he interpreted it as hitting him. She denied any marks or injuries. She notified the program director Erin Lane about Child A's statement that CCSM had hit him. Ms. Lane denied any knowledge of this occurring. Ms. Lane also indicated that CCSM 1 is a very strong lead car

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R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On 4/21/2023 I conducted and onsite inspection and interviews with assistant director Amy Acker, Child Care Staff Member (CCSM) 1, CCSM 2, CCSM 3, CCSM 4 and CCSM 5. Ms. Acker reported that she has no concerns regarding CCSM 1 and believes that she is a valuable asset to the staff at the center. She believes the allegations are a direct result of CCSM 2 who submitted her two week's notice this morning. CCSM 2 came to Ms. Acker and the program director Ms. Lane last week after CCSM 1 informed CCSM 2 that she was not following licensing rules for diapering. CCSM 2 did not like being told how to do her job and came to Ms. Lane and Ms. Acker with a complaint that CCSM 1 is telling her how to do her job and bossing her around. Ms. Acker and Ms. Lane decided to review the diapering process at the staff meeting just to make sure everyone was on the same page. Ms. Acker believes that CCSM 1 was simply trying to make sure the center did not get any violations for diapering during inspections but thinks other CCSMs did not like hearing they were doing something wrong. Ms. Acker reported that to alleviate the feeling of being bossed around she and Ms. Lane made the decision to move CCSM 1 from the infant room to the toddler room, so she was no longer directly working with CCSM 2. She has observed CCSM 1 several times since hiring her just two months ago and has no concerns. CCSM 2 reported that she believes CCSM 1 to be rude and bossy to the other CCSMs. She reported that CCSM 1 is not rude and bossy to the children but has screamed at the children. She also observed CCSM 1 acting "manic" one day and then CCSM 1 left the classroom. When asked what she means by "manic" CCSM 2 said CCSM 1 would be fine one moment and then would be flustered the next moment and raised her voice at a child. She also said that she (CCSM 2) has an uncle that is "manic" and CCSM 1 reminds her of him. CCSM 2 reported that she does not have credentials to diagnose another's behavior. She reported she has not seen CCSM 1 screaming into children's faces on a regular basis. She just believes that her rudeness and bossiness toward other CCSMs and raising her voice at children need to be addressed. She could not say exactly how often she has witnessed CCSM 1 raise her voice at children. She reported "a couple times." CCSM 1 denied ever screaming in a child's face. She reported that she follows the discipline policy of the center. I reviewed the discipline policy, and it states they will use conscious discipline through verbal instruction with the children and re-direction. CCSM 1 reported that she follows the discipline policy. She said this allegation really hurts her because she gets down on the children's level to talk with them as she was trained to do and she has never screamed at a child. She said that all of the CCSMs have raised their tone of voice with children to get their attention, but never in a cruel manner and never to the escalated point of screaming. CCSM 1 reported that she feels CCSM 2 does not like her and has it out for her because she corrected the way she was missing the three-step process during diapering. She believes there has been tension ever since this encounter with CCSM 2. She said that as a result, she 3 was moved to the toddler room which made her feel like she had been the one to do something wrong. CCSM 1 said she loved working with the infants, so she was upset she moved to a different room over this. CCSM 3 reported that she has worked with CCSM 1 in the infant and the toddler room, and she has never witnessed CCSM 1 screaming at the children. CCSM 3 reported that she enjoys working with CCSM 1 and does not find her rude or bossy but she does correct when something needs corrected to ensure they are following the rules. She feels the children are safe and well taken care of in CCSM 1's care. CCSM 4 reported that she works with CCSM 1 in the toddler room and has enjoyed working with her. She has never seen her screaming or raising h

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R 400.8182 · 1 R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, Table 4 Child Care Staff Member to Child Ratios Child Care Staff Maximum Age Member to Child Group Ratio Size Infants and toddlers, (a) birth until 30 months 1 to 4 12 of age Preschoolers, 30 (b) months of age until 1 to 8 16 3 years of age Preschoolers, 3 years (c) of age until 4 years 1 to 10 30 of age Preschoolers, 4 years (d) of age until school- 1 to 12 36 age (e) School-agers 1 to 18 36 a s- r r~r -r_ • • ! • i • • c !' A IV.

Ms. Acker reported that CCSM 1 has needed to leave work early on two occasions for personal appointments. Ms. Acker reported that they have always ensured that her spot was covered by another staff member. However, CCSM 2 wanted to know why CCSM 1 was leaving the classroom and no response was given as it was personal information. This upset CCSM 2 because she had to work later than usual for the coverage. Ms. Acker provided attendance records of staff and children to show that the room was within ratio. CCSM 2 reported that CCSM 1 will be on the phone while caring for children. She believed this is just like being out of ratio because her undivided attention is not on the children. She also said sometimes CCSM 1 will step out for a second to use the bathroom or finish a call and when she steps out Ms. Lane and Ms. Acker provides coverage. CCSM 2 acknowledged that she has not worked with CCSM 1 anymore because Ms. Lane put CCSM 1 in the toddler classroom. CCSM 3 reported that she has worked in the infant and toddler classroom, and they are always within ratio. She said there is coverage when they need a break and if they are feeling upset about something they call Ms. Lane or Ms. Acker in for coverage if they need to step out. CCSM 3 has never noticed CCSM 1 do this excessively, but she does recall CCSM 2 often stepping out due to frustration with children. She said Ms. Lane or Ms. Acker always arrange coverage when this happened. CCSM 4 reported that Ms. Lane does a great job making sure they are always within ratio and will come around and cover for staff to go on breaks. She has never seen CCSM1 leave the room when there was no coverage. CCSM 5 reported that the classrooms are always within ratio and Ms. Acker or Ms. Lane will cover when someone needs to use the bathroom or to have breaks. She has not witnessed CCSM 1 leave when there was no coverage for her absence. Child A's mother, Child B's mother and Child C's mother all reported that they do not know what the correct ratio of staff to children as they typically pick up at the classroom door and do not pay attention to the other children. They had no concerns about group size or ratio to bring to the department's attention.

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times. C~

On 12/14/2022 I received a copy of the incident report from assistant program director Amy Acker. The incident report indicates that on 12/13/2022 Child A's Mother contacted Ms. Acker to report that Child A would no longer be attending the after school child care program due to inappropriate touching that has occurred between him and Child B. Child A's Mother reported that the day prior, Child A's school notified her that Child A and Child B had an incident of inappropriate touching while at school. Child A's Mother then questioned Child A about the reported school incident, and he confirmed the inappropriate touching and stated that he and Child B had additional incidents of inappropriate touching while at the child care facility during after school care. Child A reported that the incidents at the child care occurred while in the gym and in the gym bathroom. On 12/15/2022 I completed phone contact with Child A's Father and Mother. They indicated that Child A and Child B attend the same elementary school and are in the same classroom together. On 12/12/2022 the elementary school teacher called them to notify of an incident of Child A and Child B "touching each other's privates." After they received this information, they questioned Child A about what occurred. Child A reported that he and Child B have been touching each other's privates on a regular basis during after school care. Child A reported that these incidents have occurred in the gym on the stage and in the gym bathroom. Child A's Mother and Father reported that they immediately contacted the child care center and spoke to Ms. Acker. They stated that the program director Erin Lane is currently on vacation. Ms. Acker spoke to the after school child care staff members (CCSMs) and reported that they were "shocked" about the allegations. They reported that the after-school program in the gym is typically "chaos" and there are not enough CCSM's to manage all of the children that attend. They indicated that CCSMs are very young and are completely overwhelmed. Child A's Mother and Father stated that on one occasion they arrived to pick up Child A, and the CCSM present had no idea where he was located. The other children present eventually told the CCSM that Child A was in the bathroom. They 3 have often observed children hiding or playing on the stage without supervision, hiding in the stairway to stage, or playing in the bathrooms. On 12/16/2022 I completed an unannounced onsite inspection and interview with Ms. Acker. She reported that the after school CCSMs Ashley Peck and Natalie Pratt are both off today. Ms. Peck is the lead teacher for the after-school program, and Ms. Pratt is a 17-year-old CCSM. Ms. Acker stated that Ms. Pratt is not always supervised when she is working with the children. I notified her that due to Ms. Pratt's age, she should always have supervision from a CCSM 18 years or older. Ms. Acker reported that when she was contacted by Child A's Mother about the concerns, she discussed with Ms. Peck. She expressed that Ms. Peck is normally quite over the top about monitoring the bathrooms and assuring that there are not multiple children in there or for long periods of time. Ms. Peck expressed shock about the allegations and denied ever observing Child A or Child B sexually acting out. Ms. Acker did speak with Child B's Mother and Father about the reported concerns. They were also notified by Child's B school about the incident that occurred there, so they questioned Child B about any other incidents. Child B reported to his parents that there was one incident at the child care in the gym bathroom. Child B stated that he and Child A were using the urinals next to each other, and they looked at each other's "pee-pee's" and touched them together. Child B's Mother and Father were upset about the lack of supervision and withdrew Child B from the after-school program. Ms. Acker stated that there are never more than 36 school age children in the gym or other cla

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

I received a complaint on 11/23/2022 that a child care staff member kicked Child A. I was able to connect via phone with program director Erin Lane that evening just before Thanksgiving break. Ms. Lane reported that child care staff member Ally Green came into her office the day prior on 11/22/2022 to report that Child A told her (Ms. Green) "Ms. Amy kicked me." Ms. Green wanted Ms. Lane to review the classroom camera footage to see if this happened because the child was very upset. Ms. Lane reported that she reviewed the camera footage, called her licensing consultant Beth Gonding and placed the child care staff member in question Amy Creig on administrative leave. She also spoke with Child A and asked Child A to show her what happened. Child A demonstrated that the kick was in Child A's shin. On 11/28/2022 I completed an onsite inspection and interviews with Ms. Lane and Ms. Green. Ms. Lane played the camera footage back several times for me. There is no audio to the video. I observed Ms. Creig standing in the southwest corner of the classroom sweeping the floor. Child A threw a toy down and Child B turns toward the direction of Ms. Creig and said something to her. Presumably informing her that Child A had thrown a toy. Ms. Creig then walks over to the opposite corner of the room where Child A was standing. Child A is clearly afraid of being in trouble. Child A can be seen backing away toward the wall. Ms. Creig approaches Child A and it can be seen that she brings her leg up, and Child A falls to the floor grasping the left leg. The video was slowed down and repeated over and over. Ms. Lane said that when she questioned Ms. Creig about this video, she denied kicking Child A and said she was kicking a cupboard door closed. Child C was playing with a cupboard door that was also seen on the video and closes it just as Child A falls to the floor. The cupboard door swings closed in the opposite direction of the trajectory of Ms. Creig's leg, making contact with the door to kick it closed impossible. Also seen in the video is that Ms. Creig leaves Child A on the floor clearly in distress and upset. She then walked back to the opposite side of the room to resume cleaning. Child A got up from the floor and was physically jumping up and down in distress. Ms. Creig did not attempt to calm Child A. There were four other children close to Child A while this is happening. 3 Ms. Lane reported that Ms. Creig said she approached Child A because Child B told her that Child A was throwing toys. Ms. Creig did not see Child A throw a toy but knows that Child A does not like to help with clean up, so she walked over to Child A to address the need to clean up. Ms. Ally works in the classroom with Ms. Creig. She reported that she was helping another child in the bathroom and could hear Child A screaming from the classroom. When she re-entered the room, Child A ran up to her and told her "Ms. Amy kicked me." Ms. Ally took Child A to the bathroom because Child A was crying hard and needed help calming down. Ms. Ally said that crying and needing help regulating emotions is not out of the ordinary for Child A so she knew what Child A needed. When they got into the bathroom, she asked Child A again what happened and Child A repeated "Ms. Amy kicked me" and then Child A asked for a wet towel for Child A's shin where Child A indicated the injury was. Ms. Ally helped Child A calm down then took Child A into Ms. Lanes office and asked her to review the camera footage. Ms. Lane then spoke to Child A and had Child A demonstrate what happened. Child A kicked the leg of a chair and said Ms. Amy did that. I spoke to the licensing consultant for the center Beth Gonding on 11/28/2022. She reported that Ms. Creig previously worked at two other centers where Ms. Creig was cited for inappropriate discipline. In both investigations Ms. Creig denied the incidents and placed blame on the child. Ms. Gonding had no previous or other concerns with the center. On 12/2/22

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R 400.8140 · R 400.8140 j Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

Ms. Creig inflicted corporal punishment on Child A when she kicked Child A as a form of discipline.

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R 400.8125 · ......... ............. .......................... R 400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

On 6/17/2022 I completed an unannounced onsite inspection and interviews with child care staff members Aliana Weenum, Emma Griffiths, Nathan Beaty, and Ally Green. Program director Erin Lane was out of the building and unavailable. Child A is enrolled in the Bear room. The gym is approximately 75 to 100 yards down the hallway from the Bear classroom. The gym doorway is approximately 5 to 10 yards from the exterior door leading to outside parking lot. Ms. Weenum is the assistant to Ms. Lane and works primarily in the office. She was aware of the reported allegations. She confirmed that on 5/18/2022 there was an incident of Child A being left alone for a brief period of time in the gym. She reported that Child A has behavioral issues, and will run off or hide from child care staff. They believe that on the date Child A was left in the gym, he had hidden from staff when they left to return to their classroom. After returning to the classroom, child care staff quickly realized Child A was missing. Before they could even get out of the room to go and retrieve him, another child care staff member Nathan Beaty had found Child A and returned him to the room. Ms. Weenum stated Child A was only left 3 unsupervised for a couple of minutes. Adriana Kilbourne was the lead staff member in the classroom at the time of incident, but she is no longer working at the child care. Ms. Griffiths was an assistant staff in the room on that date. Ms. Weenum also confirmed that on 6/9/2022 there was an incident of Child A accessing the bleach solution spray and spraying the other children. She reported that child care staff member Ally Green was in the process of 3-stepping the child care tables when another child in the room ran out into the hallway. She immediately put the spray down and ran after the other child. She retrieved the other child and immediately returned to the classroom. The spray was on the table for less than a minute. Child A grabbed the spray bottle and began spraying it at his friends. Ms. Green immediately retrieved the spray bottle from Child A and he was reminded that this was not safe. Ms. Weenum expressed that the bleach solution is diluted and did not cause any harm to the children. Ms. Griffiths was working in the Bear room on 5/18/2022 when Child A was left unsupervised in the gym. She was working with the former lead caregiver Adriana Kilbourne and Ms. Keson. She expressed that the class was in the gym for large gross motor play before lunch time. When it was time to line up at the gym door and return to the classroom for lunch, another child had asked to use the bathroom. She took that child to the bathroom leaving the remaining children with Ms. Kilbourne and Ms. Keson to line up and walk to Bear classroom. Ms. Griffiths stated that she and the other child returned to the Bear classroom immediately after the rest of classroom had entered. When she returned, Ms. Kilbourne asked her if she could complete a head count of children. She immediately realized they were down one child, and that Child A was missing. She was headed out the door to the gym when Mr. Beatty arrived to the Bear room with Child A. Ms. Griffiths stated that Child A was only left in the gym unsupervised for approximately three minutes. Ms. Griffiths expressed that Child A told her he had gone to the bathroom in the gym around the time the classroom had lined up to leave. He had not told any staff he was going. She reported that at the time of line up, there were two other children acting up and not following directions, so things were a bit chaotic. Ms. Griffiths acknowledged stated that she did not speak to Child A's Mother on that date about the reported incident. She stated that the next day, Child A's Mother spoke to her and Ms. Lane. Child A had told his mother that he was left in the gym unsupervised for as long as 30 minutes. Ms. Griffiths stated that was not accurate. They had two meetings with Child A's Mother about the incident. They reviewed

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R 400.8385 · R 400.8385 Poisonous or toxic materials. Containers of poisonous or toxic materials must be clearly labeled for easy identification of contents and stored out of reach of children.

I Bleach spray was left accessible to child care children.

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R 400.8158 · 1 R 400.8158 Incident, accident, injury, death, fire reporting. (2) A license, licensee designee, or program director shall report to the child's parents and the department, directly or via phone, fax, or email within 24 hours of the occurrence of any of the following: (a) A child is lost or left unsupervised.

Ms. Lane failed to notify the department within 24 hours that Child A was left unsupervised.

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R 400.8158 · 1 R 400.8158 Incident, accident, injury, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department to the occurrences outlined in subrule (1), (2), and (3) of this rule, in a format provided by the department within 72 hours of he verbal report to the department. z

Ms. Lane failed to submit a written report to the department within 72 hours of Child A being left unsupervised.

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

Based on the information, it appears that Mr. Beatty did not use corporal punishment with Child A.

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punish are prohibited: (f) Excluding a child from outdoor play or other gross motor activities.

On 6/27/2022 I completed phone contact with regarding the new allegation. She reported that last week Child A was tired when he 14 arrived at the child care and laid down on his cot. He was allowed to sleep until 10:00 AM before he got up to join the rest of the class for activities. At the regularly scheduled nap time (after lunch) Child A was not tired, because he slept so long that morning. He did not want to stay on his cot for the approximate two hour nap time frame. He reportedly was wandering around the room and kicked a cot. Child A's Mother reported that child care staff told him he had to stay on his cot. They moved him to an isolated area. He was told that if he did not stay on his cot and rest, then he would not be allowed to participate in water day with the rest of the class. She is not sure if he was allowed to play with any quiet toys or books during nap time. Child A's Mother stated that when the class was ready to go outside for water play, Child A was not allowed to participate. He was told he had to play alone for five minutes, and then would be allowed to join. Child A was upset about not being allowed to join water play, so he kicked a garbage can. She stated that they then sent him to the office to sit with Ms. Lane for the remainder of his outdoor time. He was never allowed to join in water day. Child A's Mother feels that the child care is singling Child A out and unfairly punishing him. She reported that Child A participates in occupational therapy and has not displayed any of the behaviors that the child care reports to her. She feels that they are antagonizing or making things worse. She feels that Ms. Lane and child care staff minimize every situation or blame her child and do not communicate effectively with her. On 6/28/2022 I completed an unannounced onsite inspection and interviews with Ms. Lane, and child care staff members Hannah Howard and Morgan Keson. Ms. Howard and Ms. Keson were the child care staff members working in the Bear room with Child A on the day of the reported incident. Ms. Lane stated that Child A was not prohibited from participating in water day or forced to stay on his cot for the entire nap time. Ms. Lane stated that Child A did fall asleep in the morning and slept until approximately 10:00 AM. She expressed that at the scheduled nap time after lunch, he did not want to rest. He was given other quiet activities to do on his cot such as, books to read, coloring books, and puzzles. After 20 or 30 minutes, Child A was allowed to get up from his cot to quietly play with toys at the table. He would not quit being disruptive to the other sleeping children and was wandering the room and kicked a cot. Child A was then told if he could not calm down and follow directions, he would not be able to join in with water day activities. Ms. Lane indicated that Child A was not told by child care staff that he could not go outside at all, but just that he would not be allowed to join water play if he could not follow directions and calm down. She is not sure if he ever made it outside before 15 things escalated and he was brought to her office. She confirms that the rest of the classroom was outside for water day while he was in his office. Ms. Lane expressed that after Child A was calmer, she repeatedly asked him if he would like to go outside and join his class. He was given opportunities by her and his teachers to participate in water day activities. Eventually, Child A did go back with his class, but she does not know if it was in time to go outside or if outdoor time was over. Ms. Keson confirmed that she was working in the Bear room with Child A on the day of the reported incident. She stated that Child A did sleep for quite a while in the early part of the day. She believes he slept until about 10:00 AM. She reported that he had a good day until it was time for afternoon nap/rest time. She expressed that he did not want to sit on his cot and rest. She indicated that they usually req

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R 400.8188 · 1 R 400.8188 Sleeping, resting, and supervision. (13) For children under school age who do not sleep at rest time, quiet activities must be provided such as reading books or putting puzzles together.

There is not enough information to support that Child A was not allowed to engage in any alternative quiet activities when he did not wish to sleep during nap time.

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (c) Restricting a child's movement by binding or tying him or her.

Mr. Beatty physically restrained Child A's face with his hands to keep Child A's face directed towards the sink during vomiting which resulted in bruising to his face.

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R 400.8140 · R 400.8140 Discipline. ............................................. ......... .................................................................................................................................................. (2) All of the following means of punishment are prohibited: (e) Depriving a child of meals, snacks, rest or necessary toilet use.

Mr. Beatty deprived Child A of a snack as a means of punishment.

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R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

Ms. Lane did not complete and submit a written incident report within 72 hours of the verbal report to the department.

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R 400.8167 · R 400.8167 1 Indoor space. (3) A center shall provide a floor plan of all child use areas to the department at initial licensure and before making structural changes or adding any child use space. Only space that has received prior approval for child use by the department may be used for child care.

Child A was left with Ms. Lane in her office for the majority of outdoor time, and this area is not approved for child care.

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R 400.8125 · R 400.8125 1 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

( There is not enough information to support that child care staff did not provide adequate care and supervision.

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

During the onsite inspection, Ms. Lane acknowledged that she was aware of the reported allegations and had done an internal investigation into the concerns. Ms. Lane did not notify the department of the allegations of inappropriate contact or send a written report. Ms. Lane expressed that she did not realize this was a requirement.

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R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee designee, or program director shall report to the child's parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following: (b) An incident involving an allegation of inappropriate contact. o~

The child care failed to notify the department of the allegation of inappropriate contact within 24 hours.

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R 400.8158 · R 400.8158 [ Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a formal provided by the department, within 72 hours of the verbal report to the department.

I The child care failed to provide written notice to the department of the allegation of inappropriate contact within 72 hours.

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