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 provided.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400. 8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times. ....................................................................................................................

Staff provided appropriate care and supervision at all times.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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 June 10, 2022, a complaint was received stating that Child A was injured recently at the center. Due to the anonymous nature of the complaint, I was unable to interview the complainant for more information. The complaint stated that "A toddler went into the bathroom alone and shut the door, but it did not close all the way. Then to open the 2 door caregiver Brooke Gunn kicked it open which, made the child have to go to the hospital. The mother is friends with the staff and sugar coated the story to the doctor." On June 10, 2022, I contacted Ms. Downs in regard to the incident report previously report on Child A. Child A continues to attend the center. It should be noted that I investigated this incident when Ms. Downs emailed me an incident report on May 16, 2022, regarding the incident. On May 13, 2022, she had left me a telephone message regarding the incident. On May 16, 2022, she followed up with the written incident report documenting what had occurred. On May 16, 2022, I interviewed Ms. Downs about the incident. She explained that it was a genuine mistake made by Ms. Gunn when she shut the door and pinched Child A's finger in the door. She immediately felt bad and performed first aid on the child. The parents were called and informed about it immediately. They came to the center and took her to be treated at the hospital. I spoke with Ms. Gunn at that time and she acknowledged her mistake and continued to feel horrible. On May 18, 2022, I interviewed Child A's Father. He stated that Child A had been injured due to Ms. Gunn accidentally closing the half door to the bathroom while Child A's finger was in the door. He was called immediately and picked her up to take her to seek medical treatment. Child A was treated and released due to the tip of her finger being severely cut and requiring sutures to treat it. Although he and Child A's Mother were upset about the extent of the injuries, they were not mad at the staff and truly felt it was an accident. Child A continues to attend the center. Child A loves Ms. Gunn and they have never had any concerns with her care of their child, or the center's care in general. On June 16, 2022, I completed an unannounced onsite inspection at the center. I interviewed Pam Downs, the program director. Ms. Downs indicated that the incident with Ms. Gunn and Child A had already been reported to child care licensing on the date of the incident May 13, 2022. Child A's parents were notified immediately and informed of the incident. Corrections have been made with Ms. Gunn since the incident. They have discussed whether the bathroom doors are needed for children that age, and to make sure that the doors have locks on them to prevent this. They have discussed alternate ways she could have reacted and used the incident as a training for other staff who may react the same way (and utilizing safe choices). Although the incident wasn't malicious or intended, Ms. Gunn could have reacted differently. Ms. Gunn is still the lead caregiver for the room and does a great job caring for the children. On June 16, 2022, I reviewed the video footage of the incident. Ms. Downs had retained the footage from that date since it was a reportable incident. I observed Child A playing in the room while Ms. Gunn and child care staff member Amanda Long were caring for the children. Ms. Gunn was getting ready to leave for the day and was packing backpacks and tending to the children. Child A is standing near the bathroom door and then starts to reach for the knob to open it. Ms. Gunn turns and sees her reaching for it and then sticks her foot out to kick the door shut. At that same time, Child A's hand was in the doorway and it shuts on her finger. Child A immediately begins to cry and Ms. Gunn picks her up immediately to comfort her. She then carries 3 her to the counter to assess her and begins to provide first aid. Ms. Long comes over and assists her with treating her. Ms. Gunn then contacts Ms. Down and the parents.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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 June 10, 2022, a complaint was received stating that "in the last few months many of the staff have had a lot of issues with children being injured. Including talking on the phone while they are pushing the buggies around the building resulting in kids getting their fingers and toes pinched. Two weeks ago, a child received a black eye." On June 16, 2022, Ms. Downs denied that recently there has been any issues with children being injured at the center or a child having a black eye. Ms. Downs indicated that a few years ago a child was accidentally hurt on the baby buggy they use to push the infants/toddlers around. That incident was investigated in August 2017 (2017D0354017) when a complaint was made about it. The toddler had stuck his foot 4 out when they were going through a set of double doors inside the building and it was really tight going through the doorway. The staff didn't have time to stop him from his foot move into the doorframe once they started going through the doorway. The parents were notified at that time and that child was toddling around shortly thereafter. They followed their accident/injury protocol and no violations were found. The staff continue to take the infants and toddlers around the building both inside and outside. They have not had an incident with the buggies since that time. She has never observed the staff on their phones while using the buggy. They have cameras throughout the facility. The staff actually go backwards through the doors now so the children's limbs aren't against the doorway and instead go with the direction they are going. On June 16, 2022, Ms. Osborn corroborated Ms. Downs statements. She denied that any child has been injured or received a black eye while at the center. She acknowledged the previous incident with Child A's foot being hurt and the buggy incident from years before, but nothing else has occurred outside of the normal scrapes and bruises that children sustain while playing or toddling around. Staff are not allowed on their phones while pushing the buggies. On June 16, 2022, I interviewed child care staff members Abby Barker, Justine Shoultes, Brooke Oleskie and Ms. Gunn regarding the allegations. All of them denied that any children in the center have had a black eye or any other significant injury. Ms. Shoultes stated that she was aware of the previous buggy incident from 2017 with a child getting their foot caught in the doorway, so now they actually go backwards through the door and they will have the children say, "praise Jesus" and raise their hands just to ensure that they don't accidently stick their hands out. They all denied using the phones or seeing staff on their phones not supervising the children while using the buggy's. Ms. Barker stated that sometimes the children will have normal scrapes or minor scratches from falling outside, but usually nothing to report to the department or sometimes even the parents. If so, they always complete an ouch report and let the parents know.

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: Age Child Care Staff Maximum Group Size member to Child Ratio a)Infants and toddlers, 1 to 4 12 birth until 30 months of age b)Preschoolers, 30 months 1 to 8 16 of age until 3 years of age c)Preschoolers, 3 years of 1 to 10 Not applicable age until 4 years of age d)Preschoolers, 4 years of 1 to 12 Not applicable age until school-age e)School-agers 1 to 18 Not applicable

On June 10, 2022, a complaint was received stating that "the center is running too many kids to adult ratio." On June 16, 2022, I completed an unannounced onsite inspection. I observed each classroom and conducted a head count of all the caregivers and children present. All of the classrooms were within ratio. I reviewed recent attendance logs showing the signed in caregivers and staff. The logs reflected that enough staff were present for the children signed in. On June 16, 2022, Ms. Downs denied that they are out of ratio. Just recently they have actually been able to send staff home due to having too many staff for the number of children present. Due to recent staffing issues, this has not always been the case. They are always doing head counts and rearranging staff and children in order to stay within ratio. Ms. Downs or Ms. Osborn will cover classrooms for breaks, lunch and for coverage if needed. She was not sure why someone would make this allegation. On June 16, 2022, Ms. Osborn corroborated Ms. Downs statements. She denied that the rooms are out of ratio and also covers the rooms in order to be within compliance. On June 16, 2022, I interviewed Ms. Barker. She stated that they sent a staff member home yesterday because there were too many staff there for the number of children present, which has not been the case for a long time due to staffing issues. The mornings can be a little crazy when all of the children are arriving. They have a door person who is by the sign in sheet. If too many children arrive then that person might need to supervise them until the next staff gets there. On June 16, 2022, I interviewed Ms. Shoultes. She denied that center is out of ratio. They have enough coverage even for a floater or staff to cover their bathroom breaks. She left early yesterday due to being overstaffed, so this is not an issue. On June 16, 2022, I interviewed Ms. Oleskie. She denied that center is out of ratio. There are times when it seems like all of the children arrive at once in the morning. They immediately call Ms. Downs or Ms. Osborn to come to their rooms so they are in ratio. On June 16, 2022, I interviewed Ms. Gunn. She denied that center is out of ratio. The only times they have issues with ratio and coverage is the mornings when all the children arrive. They might have to have the door person watch a couple of the children so the other rooms are not out of ratio. This only occurs if a parent arrives before their

Rule 400. 8155 Child accidents and incidents; child and staff illness. (5) A center shall have a written policy detailing when children, staff, and volunteers will be excluded from the center due to illness.

The center is following their illness policy.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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 November 06, 2020, I interviewed Child B's Mother. She stated that she was informed on November 04, 2020, that the day before, on November 03, 2020, another child in the center (Child A) had pulled Child B's pants down and put his face by her buttocks and said, "booty- booty." She was not informed of the incident until the program director Pam Downs contacted her on November 04, 2020. Marilyn Brown, the lead staff member in Child B's room then called her as well and explained what happened. Ms. Brown indicated that she was not a witness to the incident, but she was aware what happened. Another staff member, Lilly Gardner, had observed the incident and told Ms. Brown what happened. Ms. Brown explained that it was her understanding that it happened so quickly that it could not have been prevented. According to Ms. Brown, Child A is very quick, very busy, and everyone who knows him knows he gets too close to others. Ms. Brown stated that she thought that Ms. Gardner or another staff had reported the incident to her, so she did not bring it up the day before during pick-up. On November 06, 2020, I received an incident report from the center. The incident report documented that 2 incidents had occurred involving Child A. On November 03, 2020, Child A pulled Child B's pants down and put his face by her "booty" and then ran away. There were 2 staff members, Ms. Gardner and Ms. Brown, and twelve preschool children present in the room. On November 04, 2020, Child A put his face on Child C's bottom and then ran away. He did not pull her pants down. There was one staff member, Marilyn Brown, and 5 preschool children present in the room. Child B's Mother was not contacted until the next day (November 04, 2020). Child C's parents were contacted the same day that it happened (November 04, 2020). On November 06, 2020, I attempted to contact Child C's Mother and Child C's Father. I left a voice message for both parents. On November 13, 2020, I interviewed Child A's Mother. She stated that Child A is no longer attending the center because of the alleged incidences from last week. She feels that the incidences were blown out of proportion or may not have even happened. She indicated that Child A is delayed due to being deaf when he was a baby. He is delayed in speech and is not advanced enough to even understand what he was doing when he pulled Child B's pants down. It was not a sexual act in any way. He does not act that way at home and is not exposed to anything inappropriate or sexual. She further doubts that there was even an incident with Child C (female, age 3.5) because recently Child A's Mother had complained about the assistant director Mary Olsen to the director. She had complained that Ms. Olsen yelled at Child A and was acting inappropriately. Child A's Mother feels that 3 because Child C (female, age 3.5) is related to Ms. Olsen, that his dismissal from the program is retaliation from what happened. On November 13, 2020, I completed an onsite investigation at the center. Ms. Downs was present, and I interviewed her. Ms. Downs stated that Child A is no longer attending the center. They have tried to work with his mother on some of his negative behaviors, but he does not seem to be improving. Child A is delayed due to hearing loss when he was younger. He struggles with communicating and observing others personal space. He is a very sweet child, but he has speech delays and requires a lot of supervision. Ms. Downs has tried to work with Child A's Mother and encouraged her to get him tested, but they have not followed through or denied there is an issue. Ms. Downs stated that she was not at the center on November 03, 2020 when the first incident occurred. She was there the next day and was informed of both incidences by the staff. That is when she contacted Child B's Mother to report what happened, since none of the staff had done so yet. In addition, the center has cameras in all of the rooms. Each of the incidents occurred off cam

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. 1. A center shall have a written plan for how and when a parent shall be notified when personnel observe any of the following: b A child experiences an accident, injury, or incident.

On November 13, 2020, I interviewed Child A's Mother. She stated that she has observed staff members on their personal phones many times. This usually occurs during pick up time. They will be staring at their phones when she comes into the room and then they will quickly put them down. She feels that this intervenes with the supervision of the children. Ms. Brown has used her phone before to let the children play with it. Child A has reported that he watches Scooby Doo on her phone. On November 13, 2020, I interviewed Ms. Downs. Ms. Downs stated that the staff are not allowed to use their phones when in the classroom. She has had to address this before, as a general reminder in staff meetings, if she has observed them checking their phones throughout the day. She monitors this issue very closely. They have cameras in the office and can monitor the staff members if they are doing this. She has not had to write any one up for being caught on their phones. On November 17, 2020, I interviewed Child D's Mother. She denied ever seeing the staff members on their phones. Child D has reported to her that her "teacher" watches too much television, but she is not sure if that means on her phone. On November 17, 2020, I interviewed Child E's Mother. She denied ever seeing staff members on their phones during pick up or drop off. On November 17, 2020, I interviewed Child F's Mother. She denied ever seeing staff members on their phones. On November 17, 2020, I interviewed Child G's Mother. She denied ever seeing staff on their phones. On November 17, 2020, I interviewed staff member Brooke Gunn. Ms. Gunn denied that she is ever on her phone or that staff are allowed on their phones while in the classroom. She denied seeing Ms. Brown on her phone or allowing children to get on her phone. On November 19, 2020, I interviewed Ms. Gardner. Ms. Gardner denied that she is allowed to use her phone while in the classroom. She works with Ms. Brown and denied ever seeing her use her phone or allowing Child A to watch videos or cartoons on it. On November 19, 2020, I interviewed Ms. Olsen. Ms. Olsen stated that the staff are not allowed to use their phones when in the classroom. They have cameras in the office and can monitor the staff members if they are doing this. On November 19, 2020, I interviewed Ms. Brown. Ms. Brown denied being able to use their phones in the classroom for personal reasons. This is a policy in the center and Ms. Downs is very strict about it. The only time she has used her phone with the children is to play a song or for music time. She denied ever using it in place of supervising the children properly or to let them play with it. R 400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and su ervision of children at all times. ANALYSIS: Staff members are providing appropriate care and supervision of the children. CONCLUSION: VIOLATION NOT ESTABLISHED

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. M

On November 13, 2020, I interviewed Child A's Mother. She stated that approximately one month ago she observed Ms. Olsen yell at Child A one morning during drop off. She used a harsh tone of voice and told him to "sit down!" when he was not listening. She has heard her yelling at the children inappropriately on other occasions when they are not behaving. She did not have specific dates or times of when this happened. On November 13, 2020, I interviewed Ms. Downs. Ms. Downs stated that she works closely with Ms. Olsen every day. She has observed Ms. Olsen to get easily frazzled at times. Sometimes she cannot handle things when she gets really stressed and she needs to take a break. She has never been verbally disciplined or written up for negative behavior towards the children. She has never observed her to be rude or demeaning to the children. She rarely provides direct care for long periods of time, since she is an assistant director. On November 17, 2020, I interviewed Child B's Mother, Child D's Mother, Child E's Mother and Child G's Mother. They all denied ever hearing Ms. Olsen yell at their child or any other child. On November 17, 2020, I interviewed staff member Brooke Gunn. Ms. Gunn denied that Ms. Olsen is ever inappropriate towards the children. She stated that she understands how people might think that about her. It gets hectic in the mornings during drop off time and Ms. Olsen can get flustered. She is not rude or mean to anyone or the children, but she can be firm. On November 19, 2020, I interviewed Ms. Brown. Ms. Brown denied ever seeing Ms. Olsen act inappropriately towards the children. She has never observed her yelling or in their faces. On November 19, 2020, I interviewed Ms. Olsen. Ms. Olsen denied that she is inappropriate towards Child A or any of the children. She recalled being talked to by Ms. 7 Downs about Child A about a month ago because Child A's Mother had complained about her demeanor that morning. Ms. Olsen acknowledged that she had told Child A to sit down, but she was in control and not angry. She is professional at all times and never yells at the children. On November 19, 2020, I interviewed Ms. Gardner. Ms. Gardner denied that Ms. Olsen is acting inappropriately towards the children. She stated that it does "depend on the day" and what kind of mood Ms. Olsen is in. She can appear to be in a bad mood or short-tempered, but it is not necessarily towards the children. Ms. Olsen is a floater and in and out of the rooms. She is not providing child care directly most of the time. R 400.8140 Discipline (1) Positive methods of discipline that encourage self- control, self-direction, self esteem, and cooperation must be used. .......................... ANALYSIS: Ms. Olsen is using positive methods of discipline. CONCLUSION: VIOLATION NOT ESTABLISHED ADDITIONAL FINDINGS: INVESTIGATION: On November 06, 2020, I interviewed Child B's Mother. She stated that she was not informed of the incident between Child A and Child B until Ms. Downs contacted her in the afternoon on November 04, 2020 and informed her about the incident from the day before. The incident dated November 05, 2020 documented that 2 incidents had occurred involving Child A on November 03, 2020, and November 04, 2020. The incident report documented that Child B's Mother was contacted on November 04, 2020. Child C's parents were contacted on November 04, 2020, the same day that the incident occurred. On November 13, 2020, I interviewed Ms. Downs. Ms. Downs acknowledged that the staff should have contacted Child B's Mother on the day of the incident from November 03, 2020. Their policy at the center is to contact the parents immediately or at least the same day when an incident occurs. Usually this would happen by calling them or telling them at pick up, depending on the seriousness of the incident. There was a miscommunication regarding who was supposed to inform the parents about the incident on November 03, 2020. The staff members, Ms.