YMCA Dillon Community Center

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.

On 03/24/2023, I received a complaint that on 03/21/2023 Child B (female, 3 years) would not lie on her cot and licensee designee/program director Ms. Blake continued to put her back on her cot as Child B was resisting, screaming, and crying. After some time, Ms. Blake held Child B, forcibly restraining her in her lap, while she was screaming, crying, and resisting, until she fell asleep. On 03/29/2023, I completed an onsite inspection and interviewed Child Care Staff Member 1 (CCSM1). She reported that one day during nap time Child B was running around and not listening. Staff were redirecting her to her cot and Ms. Blake kept putting her on her cot. Child B was hysterical from being put on her cot because she did not want to lie down, and Ms. Blake held her. Child B resisted and was screaming. Ms. Blake was sitting on the floor cross-legged with Child B in her lap, holding her arms and legs. CCSM1 stated that she was on the other side of a pool table from Ms. Blake and could only see half of her. Ms. Blake held Child B for approximately 20 minutes until she fell asleep, with Child B screaming the whole time. Ms. Blake then put her on her cot. CCSM1 reported that while Ms. Blake was trying to get Child B to lie down, Ms. Blake was saying things like, "No. You get back on your cot," "This is not a game," "Stop crying," and "You are not hurt," in a loud and stern voice. While restraining Child B, Ms. Blake said things like, "It is night night time. You need to go night night. You need to calm down." CCSM1 asked Ms. Blake why she did not take Child B for a walk and Ms. Blake replied, "She was too far gone. It wouldn't have worked." CCSM2 denied remembering the incident discussed by CCSM1 where Ms. Blank allegedly restrained Child B. She denied that she has ever witnessed staff restraining a child. CCSM3 stated that prior to nap time, children eat lunch and use the bathroom. When they get to the nap room, their cots are out, and each child has an assigned spot and blankets. There is music on and the lighting is dimmed. Most children fall asleep on their own, but the ones who need it are offered assistance. Staff sit with children, remind them it is quiet time, and pat their backs. A few children are difficult to get to calm. If children are on their cots and not napping, they are not allowed to be loud, scream, or yell. They must lay quietly. If one child gets off their cot to run, a few of them start to run, and then they scream when staff try to get them to lie down. If children get off their cot, staff direct them back, help them sit down, and assist them in lying down. If children will not lay down, staff sit by them. Child B is one who runs and screams and does not like to lie down, but she is young and needs a nap. Otherwise, she will fall asleep late and will not wake up by the end of naptime. On the day of the incident, Child B was "completely out of her zone." She was running around. Ms. Blake held her in her lap while she was screaming and crying. After a 3 while, she was still crying but was staying on her cot. It took about ten minutes, and this was the worst her behavior has ever been. Ms. Blake reported that last week Child B refused to lie down. She jumped on, then over, the couch, landing on a sleeping child. Ms. Blake moved Child B's cot to where she (Ms. Blake) was so that she could see her better. Child B had a meltdown, which resulted in another child having a meltdown. Child B is one who needs a nap but sometimes fights it. Ms. Blake had her hand on Child B's back telling her, "You need to stop this." Ms. Blake stated that she would lie Child B on the cot facing away from her and cover her up. Child B would roll over and kick and hit Ms. Blake, so she would pull her into her lap to talk to her. When Child B would calm down, Ms. Blake would put her on her cot and the process would start over. Child B was struggling and trying to get away while Ms. Blake was holding her. She was inconsolable and Ms. Blake state

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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.

In reviewing naptime procedures related to the original allegation, I learned from all staff interviewed that naptime is 12:30 P.M. — 2:00 P.M. According to Ms. Blake, at the beginning of the year, she talks with parents about whether or not they want their child to nap. If a parent suggests or requests that their child no longer nap, that child goes to another licensed child care room for quiet time activities. If children do not nap in the nap room, they are required to stay on their cot. They are not given anything to do. Ms. Blake identified that children throw blankets and shoes, jump on cots, run around, and jump on others' cots. This is why they are expected to stay on their cot. When children are not at their cot, they are told to go back to their cot. Then staff will physically move them, which usually results in a meltdown. I asked why they are not provided quiet activities at their cot if they do not fall asleep, and she said that they will be disruptive with anything they are given. CCSM1 confirmed that the center's nap policy is that children who no longer take naps go to a different classroom and do a quiet activity. All other children go to the nap room and are expected to nap. There are no books or quiet boxes available to children who do not fall asleep. CCSM2 denied knowing the center's nap policy. She stated that if children do not want to lay down or if they are having a hard time lying down, they go to a different room for quiet activities. If it is determined the child is someone who needs a nap, they go to the nap room. Children are not forced to sleep but must at least rest. They are not given any other activities at rest time. CCSM3 reported that, once children are no longer napping, they go to a different classroom for quiet activities. Ms. Blake decides who does not nap. If children are on their cots and not napping, they must lay quietly. Children are not given anything to do if they do not nap, but "the majority of the time they eventually will fall asleep." She stated that they have some children who will fall asleep with only a very short time left in the nap time, and that they will then have to wake them up to go back to their classroom. Child A's Father reported that Child A always gets laid down for a nap but doesn't always fall asleep. He denied knowing how long nap time is. He denied that Child A needs a long nap. 10 Child B's Mother reported that Child B naps while in care, but not always. It is "hit or miss" if she naps on weekends. She is expected to nap while in care but sometimes just sits on her cot because she doesn't sleep. Child B's Mother has been told that sometimes she has a hard time falling asleep but has not been told what happens if she does not want to sleep. Child C's Mother reported that Child C does not lay down to nap while in care, so he is tired at home. On the weekends, he fights nap until 3 or 4 P.M. He also fights nap while in care and can be disruptive. Child C's Mother denied knowing what that looks like. She denied knowing if he is still offered a nap but does not think so because she has not been asked to bring in his nap items. She would like them to offer him a nap and thinks he would fall asleep within 30 minutes. It should be noted that neither Child A nor Child D ever fell asleep during the nap period. There were other children on the video who may not have fallen asleep but were lying quietly. In my follow-up interview with CCSM1, she reported that that children who do not nap now lie on cots in the quiet room with a book or a puzzle. The nap room has gotten better, and all the children still in there fall asleep. CCSM2 reported that, since the investigation began, they have moved one child who was never napping to the quiet room but have not made any other changes. CCSM3 reported that children in the quiet room now rest on a cot for 20 minutes, then they can get up. She thinks they can have a book while on their cot. She said that things in the nap room

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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.

Positive methods of discipline encouraging self-control and self- direction were not used in attempting to get children to rest. CCSM1, CCSM3, and CCSM4 grabbed children and roughly repositioned them on their cots, often without appearing to provide any verbal redirection first. Staff also took children's blankets, seemingly as discipline.

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R 400.8176 · R 400.8176 Sleeping equipment. (5) A cot or a mat and a sheet or blanket of appropriate size must be provided as follows: (a) For all preschoolers 3 years of age and older in care for 5 or more continuous hours. M

While the center provided a cot and blanket for all children, children had their blankets taken away as discipline, when the blanket itself was not an issue. .................

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R 400.8188 · R 400.8188 Sleeping, resting, and supervision. (13) For children under school age who do not sleep at rest time, quiet activities must be provided such as reading books or putting puzzles together.

Ms. Blake does not offer quiet activities to children who do not fall asleep at rest time. Children cannot be forced to lie quietly for 1.5 hours without being provided a quiet activity.

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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. 4

On 06/15/2022, I received a complaint alleging that, on the same day, Child A (male, 2 years) was left unsupervised on the playground after 1/2 staff and other children went inside for lunch. Child A was in the sand box when the others left. Once he realized he was the only one on the playground, he left the sandbox, opened the gate, leaving the playground and proceeded to the entrance door of the facility. After several ins and outs at the entrance door, a child care staff member noticed him and then returned him to the classroom. Staff and other children left the playground approximately 11:29 A.M. and he was discovered and taken back to the classroom at approximately 11:34 A.M. The complaint also included that the center had video footage of the occurrence. On 06/16/2022, I completed an onsite inspection, where I interviewed licensee designee/program director Ms. Deborah Blake. Ms. Blake confirmed all the details in the complaint. Ms. Blake allowed me to watch the surveillance video. There are two angles of footage. The first is outside near the door that children and staff use to access the building from the playground. The other is inside the building, facing that same door. The playground entrance is located roughly 20 feet from the exterior door and has direct access to the parking lot. Ms. Blake reported that child care staff member Ms. Katy Gibbs found Child A as he was poking his head into the door from the playground. She reported that Child A was observed on video lying in the sandbox on his stomach out of sight as the class lined up. She reported that viewers can see him poke his head up. After his classmates went inside the building, he got up, ran out the gate to the door, opened and closed it a couple of times, and then Ms. Gibbs saw him. Staff participate in active supervision training twice a year. When the children arrived on the playground, there were 11 children present. One child was dropped off directly to the playground, making their total number of children present 12. However, when staff were counting children to leave the playground, they only counted 11, forgetting that there were 12 children in care. Lead caregiver Ms. Alisha Hennigan has worked at the center in the summers and on school breaks since 2016 and was recently appointed a lead caregiver. On 06/15/2022, she had her classroom on the playground. When outdoor play time was over, she lined the children up and took them inside to wash their hands. As they were washing hands, Ms. Gibbs came into the classroom with Child A. Ms. Hennigan recounted the children in the classroom and realized she had miscounted on the playground, failing to account for the extra child that was dropped off. She reported that they count children before they go outside, periodically while they are outside, and when they are leaving an area. Child A was not upset when he was returned to the classroom and had been missing for under five minutes. Since the incident, staff are being more vocal when they count children, so all staff are aware of the correct count. She stated that, at the time of the incident, there were three or four staff members present with eleven and twelve children. 3 Ms. Gibbs is a lead caregiver in the center's Head Start program and has worked at the center since June 2021. Ms. Gibbs reported that she was in the hallway waiting for children to use the bathroom. She saw the exterior door open and child's hand poke through. She then observed Child A start to come in the door, so she went to the door and told him that he had to wait for his friends, thinking that his class was still on the playground. She walked outside with Child A, saw that the playground was empty, and brought him to his classroom staff. Ms. Gibbs provided me with the opportunity to watch the video footage of the incident. At the start of the video, there were three staff members on the playground with twelve children. In the corner of the playground, viewers can see Child A lie do

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

Ms. Blake did not ensure all staff provided appropriate care and supervision of children at all times. On 05/05/2021, CCSM 1 grabbed Child C's arm and struggled with Child B twice when she picked him up to carry him in an inappropriate and restraining manner. NOTE: There is no evidence regarding CCSM 1 not allowing children to use the bathroom, bopping children on the head inappropriately, or of children crying excessively.

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400.8140 i 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 05/06/2021, I spoke with the complainant. He/she explained that Child A reported to him/her that CCSM 1 is mean, bopped Child A (3 years, female) on the head with a hand and does not let Child A use the bathroom during the YMCA preschool program. The complainant expressed concern because he/she stated that CCSM 1 is now the main teacher in the program and he/she has observed children who seem miserable. He/she observed Child A and other children crying while in attendance at the center and it appeared that Child A had been crying for a long time. On 05/10/2021, I completed on on-site inspection at the child care center. The YMCA Preschool Programming operates Monday-Thursday from 1:00pm-4:00pm observed from 2:45 pm until approximately 4:25 pm. Licensee designee and program director, Ms. Debbie Blake and CCSM 1 were caring for nine preschool- aged children. I informed Ms. Blake and CCSM 1 of the allegations. Ms. Blake explained that CCSM 1 is a "floater." However, CCSM 1 has been working in the YMCA Preschool Program recently since the former lead caregiver and the regular child care staff member for YMCA Preschool Program were no longer working at the center. This change had happened a few weeks ago and Ms. Blake had mostly worked with CCSM 1 due to staffing shortages. She has never observed any issue regarding the allegations with CCSM 1 and had no concerns with the care he/she provides to children. I asked Ms. Blake about the video monitors in the center and if any other CCSMs had worked with CCSM 1 recently. She explained that there was indeed a video monitor which saved video for approximately one week. CCSM 2 and CCSM 3 had also worked with CCSM 1 during the previous week. I requested video of the child care during the YMCA Preschool from 05/05/2021. CCSM 1 indicated that he/she was shocked at the allegations and he/she had not refused to allow any child to use the bathroom or been mean to any child. CCSM stated that he/she may touch children on the head when counting children, but he/she has never bopped any child on the head. On 05/11/2021, I received six video segments regarding the YMCA preschool dated 05/05/2021 in a forwarded email from Ms. Blake. The email indicated that the time stamp was behind by one hour in all videos. There were three incidents regarding CCSM 1 that are of note: 5 • At an approximate timestamp of 12:39 pm, CCSM 1 approached Child B (3 years, male) while Child B is sitting in a chair at a table. CCSM 1 approached Child B with his/her left hand extended, appearing to indicate that Child B should go with him/her. CCSM 1 bent down to Child B and appeared to verbally tell him something and Child B immediately shakes his head adamantly from side to side. CCSM 1 grabbed his left upper arm with his/her left hand and pulled Child B upward by the left arm. Child B struggled, went limp, and fell to the floor. CCSM 1 struggled to get a grip on Child B and lifted him by his armpits and carried him in the direction of the bathroom. The time from when CCSM 1 approached Child B with an outstretched hand until he/she pulls Child B's arm upward is approximately 10 seconds. • At an approximate timestamp of 12:55 pm, Child C (3 years, male) was sitting on the floor and appeared to be playing when he possibly poked or hit another child. CCSM 1 was standing somewhat behind Child C and approached Child C by taking four steps and bending down. He/she then grabbed and pulled back Child C's left upper arm. CCSM 1 appeared to say something verbally to Child C, released his arm, then quickly walked away. Child C sat alone, rubbed his upper arm for 2-3 seconds where CCSM 1 grabbed it, then resumed playing. • At an approximate timestamp of 12:58 pm, CCSM 1 was sitting and kneeling on the floor with another CCSM and three children. The CCSMs appeared to be starting to clean up and put toys or blocks in a bin. Child B was sitting between the bin and CCSM 1. After approximately 16 seconds of CCSM 1 placing objects in the b

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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. 11

Ms. Blake did not ensure restraint was used only to prevent to prevent a child from harming himself or herself or to prevent a child from harming other persons or property. On 05/05/2021, CCSM 1 picked up Child B in a restraining manner on two occasions as viewed on video.

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R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (3) All program directors are responsible for the general management of the center, including the following minimum responsibilities: (b) Administering day-to-day operations, including being available to address parent, child, and staff issues.

Licensee Designee/Program Director, Ms. Debbie Blake did not fully address staff issues regarding this investigation. Ms. Blake did not address all relevant incidents observed on the requested video with CCSM 1 in a timely manner. On 06/10/2021, CCSM 1 stated that he/she was not aware of all incidents that were viewed on video and brought to Ms. Blake's attention on 05/20/2021.

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