R 400.8143(7)(b) · R 400.8143(7)(b) Children's records. Every 2 years for preschoolers. Bureau

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8173(6) · R 400.8173(6) Equipment. A minimum of 2 playspaces must be accessible per child in attendance on any given day during child-initiated activity time.

The toddler room had the majority of play equipment closed off and inaccessible to child care children. Equipment must be accessible to children at all times during active care.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.8380(4) · R 400.8380(4) Maintenance of premises. Floors, interior walls, and ceilings must be kept in sound condition, good repair, and maintained in a clean condition.

The walls in the toddler and waddler rooms are flaking/chipping and peeling paint in several areas.

Open Not marked corrected in the state record

Open / not marked corrected.

722.115n(3) Application for or renewal of license to operate child care center, group child care home, or family child care home; household member or child care staff member; criminal history check; requirements; duties of department. Each individual listed in subsection (1) shall give written consent at the time of the license application and before a group child care home or family child care home allows an individual to be a member of the household, or before becoming a child care staff member to allow the department of state police to conduct the criminal history check required under subsection (1). The department shall require the individual to submit his or her fingerprints to the department of state police and the Federal Bureau of Investigation for the criminal history check as required in subsection (1).

Two of the reviewed staff files did not have completed consent and disclosures on file.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.8125(5) · R 400.8125(5) Staff; volunteer; requirements. A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information:

Two of the reviewed staff files did not have the signed abuse and neglect statements on file.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8134(4) · R 400.8134(4) Hand washing. 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Guidelines for hand washing must be posted in food preparation areas, in toilet rooms, and by all hand washing sinks. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8173(6) · R 400.8173(6) Equipment. A minimum of 2 playspaces must be accessible per child in attendance on any given day during child-initiated activity time.

The toddler room had the majority of play equipment closed off and inaccessible to child care children. Equipment must be accessible to children at all times during active care.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.8380(4) · R 400.8380(4) Maintenance of premises. Floors, interior walls, and ceilings must be kept in sound condition, good repair, and maintained in a clean condition.

The walls in the toddler and waddler rooms are flaking/chipping and peeling paint in several areas.

Open Not marked corrected in the state record

Open / not marked corrected.

722.115n(3) Application for or renewal of license to operate child care center, group child care home, or family child care home; household member or child care staff member; criminal history check; requirements; duties of department. Each individual listed in subsection (1) shall give written consent at the time of the license application and before a group child care home or family child care home allows an individual to be a member of the household, or before becoming a child care staff member to allow the department of state police to conduct the criminal history check required under subsection (1). The department shall require the individual to submit his or her fingerprints to the department of state police and the Federal Bureau of Investigation for the criminal history check as required in subsection (1).

Two of the reviewed staff files did not have completed consent and disclosures on file.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.8125(5) · R 400.8125(5) Staff; volunteer; requirements. A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information:

Two of the reviewed staff files did not have the signed abuse and neglect statements on file.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8134(4) · R 400.8134(4) Hand washing. 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Guidelines for hand washing must be posted in food preparation areas, in toilet rooms, and by all hand washing sinks. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8143(7)(b) · R 400.8143(7)(b) Children's records. Every 2 years for preschoolers. Bureau

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8182(3) · R 400.8182(3) Ratio and group size requirements. In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 4:

Child care staff members stated that classrooms are frequently left out of ratio, especially while staff members are taking breaks during rest time.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8143(1) · R 400.8143(1) Children's records. At the time of a child's initial attendance, a center shall obtain a child information card, using a form provided by the department or a comparable substitute, that is completed and signed by the child's parent. The center shall keep it on file and accessible in the center. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP

Multiple child information cards were missing important information including children's dates of birth.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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.

Child care staff members and parents interviewed witnessed the incident and said PD remained calm and walked Child A down the hall to the room.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8182(3)(d) · R 400.8182(3)(d) Ratio and group size requirements. Preschoolers, 4 years of age until school-age, child care staff member to child ratio of 1 to 12, maximum group size not applicable.

CCSM 1 and CCSM 3 said the room was out of ratio for a short time while CCSM 3 was in the bathroom. Attendance records show there were enough child care staff members to cover the preschool room during lunch breaks.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

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.

I conducted an onsite inspection on 1/31/23 accompanied by Together we interviewed program director Kacie Vaugh, and chid care staff member 2, child care staff member 3, child care staff member 4 and child care staff member 5. We were not able to interview child care staff member 1 due to her havina a ~ We witnessed the taking child Maresstaff member 1 out of the Ms. Vaugh was provided with the allegations and reported that child care staff member 1 was sick last week and not at the center on 1/26123 or 1/27/23 so the allegations could not be accurate because today 1/31/2023 was child care staff member 1 first day back to work. Ms. Vaugh said last week Child A's mother contacted her with the same allegations and when she attempted to explain that child care staff member 1 was not even present at the center, and also is not the caregiver for Child A's room. Child A is in the older toddler room while child care staff member 1 works in the infant room Child A's mother got defensive and insisted she witnessed this and thinks the marks came from long fingernails. Ms. Vaugh said none of the child care staff members have long fingernails. Ms. Vaugh said that she knows Child A's mother is upset with the center because they tried to address issues with Child A's mother regarding frequent and untreated diaper rashes on Child A and Child A's sibling that also attends the center. Ms. *Vauhrsaid that Child A's mother also so they try to her on how to appropriately care o er c s. aug said she checked s on Child A's arms and did not see any last week when she was first informed of the allegations. Ms. Vaugh has no concerns regarding child care staff member 1. 1 reviewed the discipline policy, and it states that positive methods of discipline are used such as re-directing, and communication. We completed interviews with all child care staff members that had contact with Child A on the days in question. Child care staff member 2 reported that she is one 3 of the child care staff members that care for Child A daily. She said that child care staff member 1 only has contact with Child A at the very end of the day once in a while when combining classrooms. She has never witnessed child care staff member 1 inappropriately discipline a child. She described child care staff member 1 as being very patient and kind to the children. Child care staff member 2 reported that Child A's mother talked with her this morning and reported that she (Child A's mother) witnessed child care staff member 1 grab Child A hard under the arm and now he has a mark. Child care staff member 2 reported that she did not witness this, and knows child care staff member 1 was only present two days last week Monday 1/23/23 and Tuesday 1/24/23 and she did not work with Child A at all those two days. Child care staff member 2 denied grabbing Child A in a harsh way, and said she does not even remember Child A behaving in a way that would require redirection. Child care staff member 2 has no concerns regarding any child care staff members at the center. Child care staff member 3 reported that she cares for Child A on a daily basis and denied ever grabbing Child A in a harsh way. She said that Child A is very active and always hang over furniture and is rough in his play style. She said that Child A's mother also informed her about what she saw, and she tried to explain to Child A's mother that child care staff member 1 was not present at the center on the day(s) she believed she witnessed this and asked if it could have been someone else, but Child A's mother was insistent it was child care staff member 1. Child care staff member 3 has no concerns regarding child care staff member 1 or any other staff members at the center. Child care staff member 4 reported that Child A is very active and often falls down and falls over things. She only works with Child A at the end of the day when combining classrooms and she has never grabbed Child A harshly or seen any other child care staff memb

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8182 · 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, including children related to a staff member or the licensee, must be as shown in Table 4: 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

On 8/3/2022 I completed an onsite inspection and interviews with program director Rhonda Fracassi and child care staff members who asked for their names not be used. Ms. Fracassi reported that all classrooms are always within ratio and the child safety is their number one priority. She explained that she recently fired a child care staff member due to their attitude and believes this complaint is a result of that. She is currently short staffed and will fill in when needed in classrooms and they move children around from classroom to classroom when needed to ensure ratio is correct. Ms. Fracassi reported that parents sign the children into the center at the door, and then the child care staff members use tablets in their classroom to sign them into each room when rooms are combined or children are moved around. She reported that she could have someone from the center provide me with the attendance sheets from the computer program as she did not know how to do this. Ms. Fracassi escorted me to each classroom to complete interviews with child care staff members. Child Care Staff Member 1 reported that at least three days a week her room is not within ratio. She is often by herself with too many children and the ratio for youngest child to the group is not followed. She does not think the staff get the support and appropriate supplies from management. She said that she is not consistent with signing the children in and out on the tablet. 3 Child Care Staff Member 2 reported that there are several times throughout each week that her classroom is out of ratio. She reported it is difficult for her to provide adequate care and makes her job stressful when this happens. She feels that things go much better in her room when there are at least two child care staff members present. Child Care Staff Member 2 reported that Ms. Fracassi does not substitute in her classroom when needed and she does not believe there is adequate training provided. She signs children into her classroom when she remembers. Child Care Staff Member 3 stated that she is always within ratio and believes that she gets the adequate support she needs. I received a text message from Child Care Staff Member 3 on 8/4/2022. In the message she reported that her classroom is not always within ratio, and she apologized for lying. She stated that she was scared of losing her job if she told the truth and that her classroom is out of ratio on many occasions. During my inspection the school age room had eleven children ages 5 and above with one child care staff member. The toddler room had four children present ages 12 to 30 months with one child care staff member. The preschool classroom had six children present ages 3-4 years old with one child care staff member. I spoke with the assigned licensing consultant for the center, Beth Gonding on 8/4/2022 and provided her with an update of the investigation. On 8/4/2022 I interviewed Child A and Child B's mothers. They both reported that they sign their children into the facility using the computer at the door and then the child is taken to the classroom. Child A's mother is not aware of what the ratio requirements are and just figured the center follows them because they have to. She said that at times it is very loud in the center like things are hectic, but it hasn't concerned her. Child B's mother believe there are always enough caregivers for her child's classroom. She knows her child has been moved to a different classroom throughout the day. She is not familiar with the other caregivers, so this does bother her. I interviewed Child C's mother on 8/10/2022. She has no concerns regarding the center and is not aware of the ratio requirements. She said that her only concern this summer has been the amount of staff turnover and she thinks it's more difficult for her child to adjust to new caregivers all the time. I was provided with a PDF of sign in and out sheets for the center by Ms. Fracassi on 8/4/2022. The sheets did not spe

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

722.120(1)(c) 1973 Public Law Act 116. (1) The department may investigate, inspect, and examine conditions of a child care organization and may investigate and examine the books and records of the licensee. The licensee shall cooperate with the department's investigation, inspection, and examination by doing all of the following: (a) Admitting members of the department into the child care organization and furnishing all reasonable facilities for thorough examination of its books, records, and reports. (b) Allowing the department to perform routine investigative functions during the course of an investigation, inspection, or examination. Routine investigative functions include, but are not limited to, interviewing potential witnesses, such as staff and household members, and taking photographs to assess and document the conditions of the child care organization and its compliance with this act and the rules promulgated under this act. (c) Providing accurate and truthful information to the department, and encouraging witnesses, such as staff and household members, to provide accurate and truthful information to the department.

Ms. Fracassi asked child care staff members to be dishonest during a licensing investigation and was not truthful with the department during the investigation.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8137 · 1 R 400.8137 Diapering; toileting (6) Diapers and training pants must be checked frequently and changed when wet or soiled.

On 5/17/2022 prior to receiving this complaint, I was at the child care facility for an unannounced onsite renewal inspection. During this renewal inspection, I observed the child care staff members in all classrooms toileting children on a regular basis and changing diaper when wet or soiled. While at the renewal inspection, Ms. Fracassi mentioned that recently she received a complaint from Child A's Mother regarding diaper changes and toileting concerns. Ms. Fracassi indicated that Child A's Mother did not seem to have any issues with toileting or the child care center at all until after Child A stopped attending care and was sent a balance for unpaid bills. Ms. Fracassi was frustrated that Child A's Mother is now complaining and trying to get out of paying her bill. After leaving the child care facility, I received the reported allegations. I contacted Ms. Fracassi via telephone and requested that she send me all emails she had with Child A's Mother that related to diapering, toileting, and any other concerns. Ms. Fracassi forwarded me several emails exchanged between her and Child A's Mother regarding this allegation. On 3/23/2022 Child A's Mother sent Ms. Fracassi the following email: "Hey Rhonda, I just wanted to reach out. I know Child A has been trying his very best with using the bathroom. However, dad is starting to just get frustrated that he is having more accidents at school then what we are running into in the evenings and weekends. I know these ladies are very busy and they do a great job. I was wondering for tomorrow if we could start just pulling Child A out a couple times extra to use the bathroom.? I know this morning he wanted to use the school potty and not the house potty, so I know he can be trying. Please let me know what you think and how everything goes and anything that I can do." Child A's Mother also stated "I only ask because last week we had three total accidents and he has peed in pants both days now." Ms. Fracassi indicated that after receiving this email, she responded with the following email: "Hello, This week Child A has been resisting going to the bathroom willingly to potty. I have seen the teachers taking him out of the room and he is saying No & hitting & scratching them. They are still insisting and getting him there to sit & then be changed. As we talked about previously it can be frustrating to parents, as the pattern at home is usually different than the pattern at daycare. Two steps forward, three steps back until he is fully ready! I can assure you it has nothing to do with the efforts from the teachers, and he is being taken regularly as usual." Ms. Fracassi also contacted Child A's Mother the following day to further discuss the behavioral obstacles they had been having with Child A's toilet learning. Specifically, Child A will periodically refuse to use the rest room or allow child care staff to take him. She and Child A's Mother reviewed his toileting schedule, and Ms. Fracassi stated that they would try to take Child A to the bathroom more frequently to see if this helps. Ms. Fracassi stated that this is the last time she heard anything about 4 concerns with diapering or toileting until after Child A left the child care and Child A's Mother was given a bill for unpaid charges. On 4/20/2022 Child A's Mother emailed Ms. Fracassi the following: "Good evening Rhonda, I wanted to tell you thank you for all the support and care over the past years with Child A. It is time however for him to have a change. This is our notice that April 29th will be Child A's last day and Take a Break. We are thankful for our time with Take a break. Thank you again for everything." On 4/20/2022 Ms. Fracassi replied to Child A's Mother with the following email response: "Hello, I am sorry to hear that Child A will no longer be attending Take A Break. We have worked to the best of our abilities in the classroom to help Child A through behavioral issues and frustration's wish your family all of the best

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.