Joyful Hearts

R 400.8134(13) · R 400.8134(13) Sleeping Equipment. (13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or portable crib with a resting o r sleeping infant.

Program staff ensure that infants do not sleep with a blanket. If an infant falls asleep while wrapped in a blanket, the blanket is removed, and the child is placed in a crib.

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R 400.8219(11) · R 400.8219(11) Sleeping, resting, and supervision (11) Infants and toddlers who fall asleep in a space that is not approved for sleeping shall be moved to approved sleep equipment appropriate for their age a nd size.

Program staff ensure that infants who fall asleep in a space that is not approved for sleeping are moved to a crib as soon as they are observed to be sleeping.

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R 400.8222(4)(c) · R 400.8222(4)(c) Capacity; ratio and group size requirements (4) 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 1: (c) Preschoolers, 3 years of age until 4 years of age, child care staff member to child ratio of 1 to 1 0, maximum group size of 30.

Program staff ensured that the staff to child ratio was maintained in the preschool classroom on 02/12/2026. There were 10 preschool children in the classroom with at least one teacher present throughout the day.

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R 400.8125(1) · PR19-R 400.8125(1) Staff; volunteer; requirements. All staff and volunteers shall provide appropriate c are and supervision of children at all times.

The teachers failed to provide appropriate care for Child A, who was able to access milk from another child's glass during mealtime, despite her known severe allergies. Child A had a documented history of allergic reactions, and staff were fully aware of her condition. Following this incident, which required emergency room treatment due to milk ingestion, Child A was again exposed to a known allergen 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP when she was able to access pizza containing cheese. These repeated lapses in supervision and allergen control indicate a serious failure to implement necessary precautions to ensure Child A’s safety.

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R 400.8266(4) · R 400.8266(4) Incident, accident, injury, illness, death, fire reporting (4) A licensee, licensee designee, or program administrator shall report to the department, via phone, fax, or email, within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was i n care.

Angela Strang did not contact the department within 24 hours of notification that Child A received medical treatment.

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R 400.8266(5) · R 400.8266(5) Incident, accident, injury, illness, death, fire reporting (5) A licensee, licensee designee, or program administrator shall submit a written report to the department of the occurrences outlined in subrules (1) to (4) of this rule, in a format provided by the 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP department, within 72 hours of the verbal report to t he department.

Angela Strang did not notify the department in writing within 72 hours of Child A receiving medical treatment.

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R 400.8131(12) · R 400.8131(12) Professional development requirements. When the department of licensing and regulatory affairs or the department of education publishes a notice that a new health and safety update document or a new health and safety update training activity has been published on MiRegistry, the licensee shall ensure that all personnel read and acknowledge the document or complete the activity within 6 months of the notice.

I reviewed five child care staff member files. One child care staff member did not complete the 2024 Health and Safety Refresher training.

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R 400.8161(1) · R 400.8161(1) Emergency procedures. Written procedures for the care of children and staff for each of the following emergencies must be developed and implemented:

There were no emergency postings for the school age children summer program and child care staff members were not aware of emergency procedures.

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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.

Staff provided appropriate care and supervision of children at pick-up.

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children.

There is insufficient evidence that Ms. Jayne Foster did not act in a manner that is conducive to the welfare of children by and speaking to Child A.

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R 400.8176 · R 400.8176 Sleeping equipment. (6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping equipment.

Ms. Wendall observed an infant sleeping in a swing during her onsite inspection on 9/27/2022.

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R 400.8170 · 1 R 400.8170 . ..O......u....t..d.....o....o....r...........play area. (13) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the Consumer Product Safety Commission (CPSC) Handbook for Public Playground Safety, which is available at no cost at www.cpsc.gov. This handbook is also available for inspection, and distribution at no cost, at the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

In reviewing the complaint received on this child care, it was noted that the child posted a picture on Facebook of three children sitting on top of a piece of playground equipment shaped as a caterpillar. I was able to observe the picture of the children sitting on top of the caterpillar with no ground surfacing under or in the fall zone. On 9/27/2022, I spoke with licensing consultant Amanda Wendall. She indicated that she was going to be in the same area as this child care for another inspection and would complete the onsite. Ms. Wendall indicated that she would make contact after the onsite. 2 Ms. Wendall indicated that she completed the onsite inspection and was able to talk with the licensee designee/program director Angela Strong. Ms. Strong confirmed that the caterpillar was on the playground and that children do at times climb on the top of it. She believed there was a playground inspection as the piece of equipment had been out there for many years, prior to her taking on this role. Until the playground inspection is found or a new one is completed, she would remove the caterpillar from the playground and place it in storage. Ms. Wendall sent me pictures of the caterpillar. I was able to observe the playground inspection from 2018 that listed the caterpillar as a piece of equipment that did not need a playground inspection. The intent of the caterpillar is to crawl through the middle of it, so it would not be elevated therefore not requiring a playground inspection. On 10/7/2022 I received an email from Ms. Strong indicating that she could not find the playground inspection for the caterpillar, so it was removed and is not being used by the children. She asked if she needed an inspection no matter what or they could just choose not to use it. I responded indicating that I had found the inspection and attached it to the email. I explained that the intent of the caterpillar is to crawl through, so they can have it out there if they make sure the children only crawl through and never get on top of the caterpillar. I also indicated that if they had room inside, they could also place it in a classroom. I spoke with Ms. Strong on 11/14/2022, she and I discussed that as of now the caterpillar is in the storage shed. She indicated that she knows if she is going to use it, she needs to make sure children are crawling through it and not on it.

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R 400.8176(13) · R 400.8176(13) Sleeping equipment (13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or porta-crib with a resting or sleeping infant.

Ms. Wendall observed an infant sleeping in a swing with a blanket also on her.

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

On 02/23/2021, I made an unannounced visit to the Joyful Hearts Child Care Center. I interviewed the program director and licensee designee Jayne Foster. Ms. Foster informed me that she was not present at the center on 02/19/2021, but she confirmed that child care staff member Ms. Trudie Walsh was present at the center on that day. Ms. Foster denied knowing anything about the allegations. Ms. Foster provided information on the center's daily schedule. She specified that child care staff members Ms. Walsh and Ms. Jordan Swanson would have been outside with the children at 4 PM on 02/19/2021. Ms. Walsh and Ms. Swanson normally combining the 3-year-old classroom and 4-year-old classrooms in the afternoon due to having fewer children in care at that time. No other child care staff members would have been present since the infant and toddler classrooms usually do not go outside at the same time as the 3 and 4-year-old classrooms. Ms. Mary Vandervelde is the lead teacher in the 3-year-old classroom, and she would not have been present at the time of the incident because she works 7:15 AM to 01:30 PM Monday through Friday. Ms. Foster reported being the lead teacher in the 4- year-old classroom and she disclosed that she was not present at the center on 02/19/2021. Ms. Foster provided me with child information cards, the children's attendance from 02/19/2021, the child care staff member attendance for Ms. Swanson, Ms. Walsh, and Ms. Vandervelde. I viewed the outdoor play area and the 3-year-old classroom, took eight pictures of the outdoor play area and the parking lot. The 3-year-old classroom is closed until 03/01/2021 due to a staff member testing positive for COVID. Ms. Foster inquired about child care staff members physically disciplining their own children when at the center. I informed her that all child care staff members must follow the center's discipline policy with their own children. Ms. Foster shared that she has previously informed staff that they can physically discipline their own children at the center. On 02/24/2021, I followed up with Ms. Foster. She confirmed again that Child A is from the 3-year-old classroom even though she is four years old. I asked for some additional child information cards and all child care staff member attendance records. I also requested additional information on child care staff members. On 02/23/2021, I interviewed child care staff member Ms. Jordan Dery Swanson. I asked Ms. Swanson if she was aware of an incident around 4:00 PM on 02/19/2021 during outdoor play. She asked me if I was inquiring about the "mitten thing." I directed Ms. Swanson to discuss the "mitten thing." Ms. Swanson stated that on 4 02/19/2021, her classroom joined Ms. Walsh's 3-year-old classroom for outdoor play. There were about 10 children present. Child A was crying over having her glove taken away for chewing on it by Ms. Walsh. Ms. Swanson brought Child A's glove to her and informed her that Child A is chewing on it. Ms. Swanson did not like Ms. Walsh taking Child A's glove away from her because to anyone watching, it looks like she is taking away a needed winter item on a cold day. Ms. Walsh returned the glove to Child A and she denied Child A needing help with putting the glove back on her hand. Child A is fully capable of putting her own glove on by herself. Ms. Swanson denied seeing Ms. Walsh hit Child A with a glove or anything else. She denied witnessing Child A falling down during this incident. She denied any other child care staff members being present during outdoor play which she confirmed occurred around 4:00 PM on 02/19/2021. She denied ever witnessing Ms. Walsh or any other child care staff members physically disciplining children at the center. On 02/23/2021, I interviewed child care staff member Ms. Trudie Walsh. Ms. Walsh acknowledge that she was involved with an incident involving Child A's glove, but she denied ever physically discipling Child A. She stated that she was outside around 4:00 PM

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

There is insufficient evidence to establish a violation on Ms. Walsh failing to use positive methods of discipline with child care children. The forensic interview of Child A alluded to Ms. Walsh as using time outs as a form of discipline and no disclosures were made or implied that Ms. Walsh uses inappropriate discipline techniques with any children.

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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.

There is insufficient evidence to establish a violation on Ms. Walsh using inappropriate methods of discipline with child care children. Child A made no disclosures of being physically disciplined by Ms. Walsh in the forensic interview. The snow bank partially obstructing Child N's Mother's view and the variation of her viewing the incident anywhere from 20 to 40 feet away limits our ability to establish a violation based on her interview alone.

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