Daystar Childcare

R 400.8216a(13) · R 400.8216a(13) Professional development requirements (13) When the department publishes a notice that a new health and safety update document or a new health and safety update training activity is published on MiRegistry, the licensee shall ensure that all identified staff or volunteers in the notice read and acknowledge the document or complete the activity within the timeframe indicated in the notice.

At the time of inspection three staff had not completed the required 2025 health and safety refresher training.

R 400.8335(8)(a) · R 400.8335(8)(a) Food services and nutrition; provided by center 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP (8) All of the following apply to milk: (a) Containers must be labeled with the date opened. 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.

R 400.8335(8)(b) · R 400.8335(8)(b) Food services and nutrition; provided by center (8) All of the following apply to milk: (b) Milk must be served within 7 days after opening. Bureau

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 April 15, 2022, I was contacted by program director Marianna Shutes, who stated that Child A's Mother emailed her this morning to report that Child A alleged that child care staff member Deborah Porter had slapped Child B (male, age 2.5) and Child C (male, age 2.5) by their hands when they were playing in the bathroom yesterday when they shouldn't have been. She thanked her for reaching out and told her that they do not tolerate corporal punishment and will investigate the matter right away. She spoke 2 with several staff members who all said that they have never witnessed Ms. Porter slap any child and would report this right away if they ever saw any staff do this. She spoke with some children and they said nothing regarding the alleged incident and had nothing negative to say regarding Ms. Porter. She then interviewed Ms. Porter who was very shocked to hear the allegations and said she would absolutely never hit any child. She said that the children did all try to go into the single bathroom as a group and she held their hands in hers to walk them back out of the bathroom. She insisted that she only held their hands and would not have swatted or "slapped." After receiving all of this information, she then called Child A's Mother and went over the results of what she found. She was thankful for the follow up and I encouraged her to reach out to me if she has any other questions at all. I requested a copy of an incident report detailing this information. On April 19, 2022, I conducted an unannounced onsite inspection at the center and interviewed Ms. Shutes regarding the allegations. Ms. Shutes corroborated much of what she detailed in her email. She explained that Ms. Porter usually floats and covers breaks etc. so she might not always be working with other staff. During the time of the allegations, she was within ratio so she was working alone. She has no reason to believe that Ms. Porter slapped the children's hands, since this sort of discipline is not allowed. They are only allowed to redirect or use gentle and positive interventions when needed. Ms. Porter has never been written up before for using any kind of inappropriate care or supervision of the children. Although Child A is articulate, she feels that he may have used the wrong words to describe what he seen. Ms. Porter did acknowledge that Child B and Child C were playing in the sink when they shouldn't have been. She admitted to grabbing them by their hands and guiding them out because they weren't listening. Perhaps that is what Child A tried to communicate to his parents. The children were asked about it and none of them indicated that anyone was slapped. They knew they were not supposed to be playing in there so they didn't really speak about it. They also do not have the verbal and developmental capacity to be fully interviewed. She does not feel that grabbing them by the hands was inappropriate or out of line, considering she was trying to remove them from the area after repeated attempts to get them to listen. On April 19, 2022, during the onsite inspection, I interviewed both Child A. I was unable to establish forensic interviewing protocol with him. He did not disclose any statements about Child B or Child C having their hands slapped in the bathroom by Ms. Porter. On April 19, 2022, I interviewed child care staff member Deborah Porter. She is the floater staff for the toddler room. She was working alone in the classroom yesterday, and had 6 children, ages 2.5 or older. She recalled that Child B and Child C were going in and out of the bathroom playing in the sink while another child was using the restroom. They only allow one child into the bathroom at a time. She was sitting down doing paperwork and initially she pointed at them and told them they are not allowed to be in there. She asked them to leave and they returned once or twice. She then recalled getting up and going into the bathroom and pulling them by the hands to guide them out of the room.

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 April 05, 2022, I was contacted by program director Marianna Shutes, who stated that when Child A's Mother was picking him up from the center yesterday, he alleged that Child B "put his pee pee in his butt" while at the center earlier that day. Child A's Mother was in the process of leaving the center but immediately returned to report this allegation to her. Ms. Shutes then spoke with her staff and the children regarding this. requested a copy of an incident report detailing the allegations. 2 On April 07, 2022, I conducted an unannounced onsite inspection at the center and interviewed Ms. Shutes regarding the allegations. Ms. Shutes stated that upon pick up yesterday, Child A told his mother that earlier that day Child B had crawled into his private bathroom stall and put his "pee pee in his butt" during breakfast morning bathroom break. Child A's Mother immediately came back into the building and Child A repeated this to her. Later that same day, Child B openly said, without prompting, that Child A was in the same stall with him and he "saw his butt." She was one of the staff members working directly with both Child A and B that morning and had assisted in washing hands. After going over the morning with her staff, they determined that they could not have been in the bathroom alone together for more than thirty seconds to a minute. However, they were still concerned about the detailed allegations that Child A made so she arranged a meeting and met with Child B's Mother and Father that evening. She explained the complaint (without releasing Child A's name) and talked with them regarding her concern about this. She further mentioned that staff have noticed increased aggression in Child B lately so this was addressed. Both parents indicated that there have been no changes in his home life and that he does not exhibit aggressive or suggestive behavior at home. None of the staff witnessed this behavior and the children didn't disclose this to any other person that day. Neither child requires special assistance or direct supervision when using the bathroom. Typically, staff will stand in the doorway to listen and ensure they isn't any horseplay going on. Since the alleged incident, they have been lining the children up outside the bathroom and having them go in one at a time if a second staff isn't immediately available to assist. Ms. Shutes believes that the boys may have been in the stall together but it is unclear what really happened based on their age and limited communication skills. On April 07, 2022, during the onsite inspection, I interviewed both Child A and Child B. I was unable to establish forensic interviewing protocol with either child. Neither child disclosed any allegations regarding an incident in the bathroom from April 04, 2022. On April 07, 2022, I interviewed child care staff member Rachel Cole. She is the lead caregiver for both of the children. She stated that Child A is a very sheltered child, but he is articulate and usually doesn't tell lies. Child B can be aggressive at times, typically during transitions, because he doesn't like to stop playing and change activities. However, they work with him and he doesn't display any other signs of inappropriate behaviors. Several of the preschool age boys like to pull their pants down and try to show their bottoms or their underwear. It is a harmless act, but the staff have to remind them not to do this. The children just laugh and there isn't any touching or inappropriate contact. She denied that she has ever witnessed inappropriate contact between Child A or Child B before. On April 07, 2022, I interviewed child care staff member Theresa Knack. She was working that morning with Ms. Shutes during breakfast and when they used the bathroom. She recalled that Child A and B both went into the restroom together and that Child B went into his stall and locked his door. She observed Child A at the faucet first. They had approximately 15 preschool age children at tha

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 08/11/2021, I spoke with Child A's Mother regarding the allegation. Child A just recently started talking about Ms. Deborah Porter, staff at Daystar took him outside and beat his buttocks because he urinated in is pants. Child A's last day of attending care at Daystar Childcare was 10/09/2020. Child A's Mother was unsure of the exact date the incident would have occurred; however, Child A continues to talk about it now. She believes that the staff at the center did not remind him about potty training as often as they should have because he used to urinate in his pants almost on a daily basis. He did not wet his pants at home. On 08/16/2021, I conducted an unannounced onsite inspection at Daystar Childcare. I spoke with Ms. Marianna Shutes, program director, regarding the allegation. She has never witnessed Ms. Deborah Porter using inappropriate discipline with Child A or any of the children at the center. She denied that Ms. Porter has ever received any verbal or written reprimands for inappropriate behavior towards the children while she has been employed at the center. Child A's Mother told Ms. Shutes that she would no longer be brining Child A for care at the center because his grandmother would be watching him and then she would save money on child care. Ms. Porter was not even working with Child A very often. Ms. Porter is a floater/assistant caregiver mainly in the infant and toddler rooms. Ms. Shutes explained that Child A's Mother recently began to post negative comments on social media about the center. On 08/16/2021, I spoke with Ms. Deborah Porter regarding the allegation. She denied that she has ever used physical discipline on Child A or any child at the center. She added that she really never had much contact with Child A because she mainly works with infants and toddlers. On 08/16/2021, I spoke with Ms. Cara "Mitzze" Coggins, toddler lead caregiver, regarding the allegation. Ms. Coggins has worked with Ms. Porter for 2-3 years and has never seen her raise a hand to Child A or any other child at the center. "This type of action would be totally out of character for Ms. Porter." According to Ms. Coggins the children all love Ms. Porter. On 08/16/2021, I spoke with Ms. Cheryl Grant, infant lead caregiver, regarding the allegation. Ms. Grant has observed Ms. Porter being very caring towards the children and she is very good at verbally redirecting the children. She has never witnessed Ms. Porter use physical discipline on Child A or any other child at the center. On 08/26/2021, I spoke with Child B's Mother regarding the allegation. She has never seen Ms. Porter use physical discipline on any children at the center. She has on a couple of occasions heard Ms. Porter being what she refers as short tempered with the children but nothing that she would feel rose to the level where she would 3 report it to Ms. Shutes. She describes Ms. Porter as "nice" but has never had much interaction with her. She has no concerns with care and supervision at the center. On 08/26/2021, I spoke with Child C's Mother regarding the allegation. Child C's loves to attend care and the center and loves Ms. Porter. Many of the children, including Child C, refer to Ms. Porter as "grandma." She has no issues or concerns with care and supervision at the center.

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

On May 13, 2021, a complaint was received stating that child care staff member Anthony Gonzalez has been spanking Child A and pinching her bottom when she does not listen. This occurs while she has her clothes on. She does not have any marks or bruises. On May 18, 2021, I interviewed Child A's Mother via telephone. She stated that on Tuesday May 11, 2021, Child A was in the car with her and they were having a random conversation when out of the blue Child A reported that Mr. Gonzalez will spank her bottom and also pinches her bottom. Child A was not able to articulate any further details, although she was consistent in repeating this. Child A's Mother then emailed the program director Marianna Shutes and she did not respond to her. Months before, there were police officers at the child care center when she picked up Child A. At that time, she was concerned about that and emailed Ms. Shutes. Ms. Shutes told her that they were there to "unenroll a child." She is concerned that the center is not being upfront and honest about that is going on there. Child A's Mother made a post about Mr. Gonzalez on social media about the allegations and several parents responded with their own concerns. Child B (female, age 8), Child C (male, age 6) and Child D's (male, age 4) Mother informed her that she has a similar concern against Mr. Gonzalez. Child E's Mother told her that Mr. Gonzalez choked Child E (male, age 4) when he attended the center in 2019. On May 19, 2021, I completed a face-to-face interview with Child A in her home. I was not able to establish forensic interviewing protocol with her. Child A stated that she attends school and recently moved to a new classroom. She has friends at the school. "Mr. Anthony pinched her butt and spanked her butt and it is not nice, and her bumpa spanks her butt too." On May 19, 2021, I completed an unannounced onsite inspection at the center. I interviewed Ms. Shutes, and child care staff members Anthony Gonzalez, Coreen Coultas, Cara Coggins and Rachel Cole. Ms. Shutes stated that she received an email on May 11, 2021, from Child A's Mother regarding the concerns. She was very shocked to read the allegations and immediately reported it to the licensee Jerusha McGee. She was currently in the process of drafting a response to Child A's Mother but wanted to interview her staff members first. All of the child care staff members that she interviewed denied seeing Mr. Gonzalez spank or pinch Child A or any other child. Mr. Gonzalez has worked there for approximately 3 years and has an exemplary personnel record. He is also a member of their church and is a favorite amongst all of the staff and children. Ms. Shutes interviewed him and he emphatically denied the allegations. Ms. Shutes has never observed him spank or pinch any child. Their discipline policy does not allow any corporal 3 punishment of the children and encourages positive methods of behavior. The facility does not have cameras available. Ms. Shutes is unsure why Child A would make up such allegations. Mr. Gonzalez is not her primary caregiver in the center. He is one of the center's openers and is there for the early arrivers and latch key children. Child A is in child care staff member Rachel Cole's classroom. The children are together briefly in the morning then split off into their own classrooms after breakfast. Child care staff member Correen Coultas works with Mr. Gonzalez in the morning and is present most of the time with him. She denied ever seeing him spank or pinch Child A or any child. Mr. Gonzalez is only around Child A briefly during lunch time when they all convene to the lunch area. At that time, Ms. Cole is present then and responsible for Child A and her classmates during meal times. There have been no previous allegations or write-ups against Mr. Gonzalez before. On May 19, 2021, I interviewed child care staff member Cara Coggins. Ms. Coggin's denied ever seeing Mr. Gonzalez spank or pinch Child A or any other child care

R 400.8158 · R 400.8158 Child accidents and incidents; child and staff illness. (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.

The center did not report the allegations that Mr. Gonzalez had spanked and pinched Child A to the department within 24 hours.

R 400.8158 · R 400.8158 Child accidents and incidents; child and staff illness. (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. 7 ..................

The center did not submit a written report to the department within 72 hours of receiving allegations that Mr. Gonzalez had spanked and pinched Child A.

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 12/25/2020 I conducted an unannounced onsite inspection at Daystar Childcare. I interviewed Ms. Mary Shutes, program director regarding the allegations. She stated that she has never witnessed Ms. Cole or Ms. Kelley using inappropriate discipline with any of the children at the center. She denied that Ms. Cole and Ms. Kelley have ever been reprimanded for inappropriate discipline of the children. During the onsite inspection I interviewed Ms. Rachel Cole regarding the allegations. She stated that she does not remember an incident where she picked up a child whipped them around and could not recall an incident that may have been misconstrued by someone. She stated that if she is holding a child by the hand and they begin to pull she will let them go because she does not want to cause injury to the child. She stated that she has never witnessed any child care staff member at the center use inappropriate discipline towards any children at the center. Ms. April Kelley was interviewed during the onsite inspection regarding the allegations. She denied ever grabbing a child by the coat on the playground. She stated that the only incident she could recall was when Child A was throwing pebbles at other children and she took him by the hand and lead him away from the other children. She stated that Child A was not crying at this time but that a parent had asked her if all of the children acted this way at the center. She did not know the parent who had asked the question. She stated that she has never witnessed Ms. Cole or any other staff members at the center use inappropriate discipline on any children at the center. Mr. Anthony Gonzalez was interviewed during the onsite inspection regarding the allegations. He denied ever witnessing any staff members at the center using inappropriate discipline towards any children at the center. He stated that if he did observe any inappropriate discipline, he would report it. Ms. Deborah Porter was interviewed during the onsite inspection regarding the allegations. She denied ever witnessing any staff members at the center using inappropriate discipline towards the children at the center. On 12/23/2020 I spoke with Child A's Mother regarding the complaint. She stated that she has never had any issues with the care and supervision that Child A receives while 3 he is at the center. She stated that she was very surprised by the complaint and that she is very pleased with the child care staff members at the center and that Child A loves going there. On 12/23/2020 I spoke with Child B's Father regarding the complaint. He stated that he has no issues with the care and supervision that Child B) receives while she is at the center. He stated that Child B loves to attend care at the facility and becomes upset if she does not go there.