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 8/31/2022, I interviewed Child A's Mother by telephone. She stated the program director Greta Bower called her about 5:45 pm and stated Child 2 A fell from a tree. She arrived at the center and Child A was crying a lot and not really moving his left side. She took him to urgent care and he was diagnosed with a broken shoulder and wrist. She stated he was in intolerable pain and had a slight fever. Child A told her he and another child were in the tree and he fell when the branch broke. Child A's Mother stated it was common for children to be in the tree when she picked him up. She had observed Child A in the tree before. She stated it was a large tree and the branch seemed strong enough to hold him. This was Child A's last day at the center as the summer program was ending and he was beginning school the next week. Child A's younger sibling continues to attend the center. On 8/31/2022, I interviewed the program director, Ms. Bower, by telephone. She stated Child A had fallen from the tree. He had been told a couple of times to stay down from the tree. The CCSM saw him and another child in the tree and was walking over to them when the branch broke, and he fell. She sent pictures of the tree where the branch broke. Ms. Bower stated when talking to Ms. Belcher, another CCSM did allow the children to play in the tree and hang on the branches. The rule was they were not supposed to hang on the branches. They could play with the sticks, build forts while under the tree. There was no ground covering under the tree because they should not have been in the tree. On 9/12/2022, Ms. Bower and Ms. Belcher provided written statements about what happened. On 10/7/2022, I conducted an onsite inspection at the center. I interviewed Ms. Bower. She stated she did not see him favoring his left arm, but he was crying. His mother arrived shortly after and took him to urgent care. Ms. Bower stated the CCSM was walking toward Child A to tell him to get down when the branch broke. The CCSM immediately called for her and she applied first aid and contacted his mother. Child A's Mother stated she would take him to urgent care. I interviewed CCSM Alyssa Belcher. She stated the school age children were playing by the tree and some were playing by the basketball court. She was standing in between the two groups. There were 8 school-age children. She saw Child A hanging on the branch and was walking over to tell him to get down when the branch broke, and he fell. She walked him to a sitting area and sent for Ms. Bower, who applied first aid and contacted Child A's Mother. She stated Child A had been told multiple times to stay off the tree. One of the older school-age children told Child A the branch was not strong enough to hold him. There were some inconsistencies regarding the children playing in the tree. Children are sometimes allowed on the tree and other times they are redirected to another activity, depending on which CCSM is supervising. A huge storm in the area took out even more branches on the tree. I informed the program director that the school age children should be offered other activities besides playing in the tree and the CCSMs need to be consistent and not allow school age children in the tree 3 ..................... .............

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8170 · R 400.8170 Outdoor play area. (10) 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 that no hazards are present. ...............

The tree in the outdoor area was not maintained in a safe condition. There was no ground covering under the tree. The tree branches were damaged by a recent storm.

Open Not marked corrected in the state record

Category: physical safety. 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.

On May 12, 2022, I initiated this investigation via a telephone call to the complainant. The complainant reported the following information. Child A is very energetic and does not nap. Child A stated to the complainant that, "Mr. Kaden put his legs over me." The incident occurred on May 5, 2022. This information was reported to Greta Bower, program director and Mildred Chico, lead teacher. Ms. Chico informed the complainant that the staff is trained to use this technique. Child 2 A said that he was not hurt. Child A has been disenrolled from the child care program. On May 17, 2022, during an unannounced onsite inspection, Greta Bower, program director, was present. Ms. Bower reported the following information. Kaden Manthei, child care staff member, placed his legs over Child A. She denied that this is a trained technique used by the center. Mr. Manthei did not apply any pressure or body weight onto Child A. His legs were in a "tent" shape, like a "tunnel" over Child A's cot. There are times when staff are trained to use restraint, however, a child not wanting to nap is not a valid reason. When prompted to do so by another staff member, Mr. Manthei removed his legs. On May 17, 2022, Kaden Manthei, assistant teacher, reported the following information. During nap time, on May 5, 2022, Child A would not go to sleep. He was up moving and crawling around the classroom. He placed Child A back on his cot and made a "tunnel" with his legs over Child A. He did not apply any pressure as Child A could still move. Usually, Child A will talk during naptime but not leave his cot, however on this day, he did. Mr. Manthei said that he made the tunnel over Child A because he has seen other child care staff members do it. This was his first time using this restraint tactic. He did not feel like Child A was being a threat to himself or to other students. Mr. Manthei is aware of the center's discipline policy. On May 17, 2022, Rhonda Rogowski, assistant teacher, reported the following information. Child A does not nap. On the date in question, Child A kept rolling and crawling under the tables. Mr. Manthei sat with Child A trying to rub his back to calm him. When that failed, Mr. Manthei put his legs over Child A like a "tent". Child A was not pinned down, he could still move. Ms. Rogowski told Mr. Manthei, "That's not the best idea". He then removed his legs. She denied ever seeing other staff members doing this at nap time. On May 17, 2022, Mildred Chico, lead teacher, reported the following information. She was not present on the date in question, therefore did not observe the incident. There are times when they are trained to use restraint if a child is posing a threat to themselves or others. Ms. Chico is aware that Child A does not nap. Child A typically plays with "naptime bins" or reads during nap time. Ms. Chico has not witnessed other staff members putting their legs over children as described. On July 6, 2022, Child B's Mother said that she has no concerns regarding any of the staff members. If there are times when a child does not sleep at nap time, they are offered a book for quiet time. On July 8, 2022, Child C's Mother said that she has no concerns. Child C does not nap and is offered books and other quiet activities. Child C has tantrums and must be "talked down". She is aware of the center's discipline policy and there is no inappropriate discipline being used. 3

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (3) 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.

Non-severe and developmentally appropriate discipline was used on Child A but his behavior did not warrant it. Child A was not harming himself or others when Mr. Manthei placed his legs over him.

Open Not marked corrected in the state record

Open / not marked corrected.