• Violation

  R 400.8222(4)(a) · R 400.8222(4)(a) 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: (a) Infants and toddlers, birth until 30 months of age, child care staff member to child ratio of 1 to 4 , maximum group size of 12.

  On 6/24/2025, the infant classroom followed the required 1:4 child care staff member to child ratio.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8269(1)(a) · R 400.8269(1)(a) Emergency preparedness and response planning procedures (1) Written plans and procedures for emergency preparedness and response planning for the care of children and staff in each of the following emergencies must be developed and implemented: (a) Fires.

  The center has written plans and procedures for emergency preparedness and response planning for the care of children and staff during a fire.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  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.

  CCSM 2 provides appropriate care and supervision of children at all times. Based on interviews with child care staff members and parents, there is insufficient evidence that CCSM 2 left a child left unattended in a classroom.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8182(2) · PR19-R 400.8182(2) Ratio and group size requirements. At least 2 adults, 1 of whom is a child care staff member, shall be present at all times when 7 or more children over 3 years of age are present. A second child care staff member is required when n eeded to comply with subrule of this rule.

  The center has at least 2 adults, 1 of whom is a child care staff member, shall be present at all times when 7 or more children over 3 years of age are present. There is insufficient evidence that CCSM 1 was left alone with 22 children.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8182(3) · PR19-R 400.8182(3) Ratio and group size requirements. 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 o r the licensee, must be as shown in Table 4:

  The center is following the required 1:4 child care staff member to child ratio for infants and toddlers, the required 1:8 child care staff member to child ratio for children 30 months until 3 years of age, the required 1:10 child care staff member to child ratio for children 3 years of age until 4 years of age, the required 1:12 child care staff member to child ratio for children 4 years of age until school-age and the required 1:18 child care staff member to child ratio for school-age children.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8182(7) · PR19-R 400.8182(7) Ratio and group size requirements. If there are children of mixed ages in the same room or well-defined space, then the ratio and group size is determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child care staff member-to-child ratios and group sizes, if applicable, for each age g roup are maintained.

  When there are children of mixed ages the same room, the center is maintaining the required child care staff member to ratio and maximum group size of the youngest child in the room.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8330(5) · PR19-R 400.8330(5) Food services and nutrition generally. A center shall provide adequate staff so that food service activities do not detract from direct care and s upervision of children.

  The center provides adequate staff so that food service activities do not detract from direct care and supervision of children. Staff do not leave the classroom during lunch time; lunches are kept inside the classroom and warmed in the classroom.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 May 2, 2023, I spoke to the Complainant. I asked the Complainant about the allegations in the complaint. The Complainant stated that received all of the information from people on Facebook. he Complainant posted concerns about the child care on Facebook and people responded with their thoughts about the child care center. On May 4, 2023, I made an unannounced onsite inspection. Upon arrival Ms. Pilbeam stated she knew that licensing would be out, because there have been a lot 2 going on Facebook. Ms. Pilbeam was upset stating that a parent who used to bring their child to the center is slandering her name and won't stop. Ms. Pilbeam went on to say that the Facebook post accused her of trying to burn the building down to get insurance money. Ms. Pilbeam stated that she believes she knows who made the complaint, as she is a former parent. I informed Ms. Pilbeam I could not revel the complaint source. Ms. Pilbeam understood but stated that the information is all over Facebook. Ms. Pilbeam went on to say that this individual's children used to attend the center and when she took them out of the center she was swearing, "saying F bombs as she left the center." I made Ms. Pilbeam aware of the allegations in the complaint. Ms. Pilbeam was visibly upset and stated no one has made derogatory racial remarks about any child in the child care center. Ms. Pilbeam said she has never hit a child in care or deprived any child of food, especially not as a form of punishment. During my onsite inspection I interviewed Child Care Staff Member (CCSM) 1. CCSM 1 stated she has worked at the center for a year. She has never heard anyone make racially derogatory statements and has never seen Ms. Pilbeam hit or hurt a child. Ms. Pilbeam has never threatened the child care staff members or the child care children. Ms. Pilbeam even offers snacks and water to the child care children when they are upset. CCSM 1 went on to state Ms. Pilbeam does not usually do any disciplining of the child care children at all. CCSM 1 was unaware of anyone making racially derogatory remarks about the child care center. During my onsite inspection on May 4, 2023, I interviewed CCSM 2. She has worked at the child care center since it opened. CCSM 2 has never heard any of the CCSMs make derogatory remarks about children. She has never made derogatory marks about the children. During my onsite inspection I interviewed CCSM 3. CCSM 3, stated she has worked at the center for a year and a half. She has never felt threatened by Ms. Pilbeam or anyone else. Ms. Pilbeam nor any of the child care staff members make derogatory remarks about the child care children. On July 10, 2023, I spoke to Child A's Mother. Child A's Mother stated that she is aware of the allegations that have been made regarding Ms. Pilbeam and the child care staff and knows that none of it is true. Child A's Mother stated that she has no concerns as a parent and loves the center. Child A's Mother said when she first saw the allegations on Facebook, she went to her older child to ask about what goes on in the center. Child A's Mother stated that her son previously attended the center full time but now attends on half days or school and breaks, he is very honest and sensitive, he did not disclose any concerns. On July 20, 2023, I spoke to Child B's Mother. Child B's Mother stated she has no concerns with the child care center at all. 3

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 May 4, 2023, I made an unannounced onsite inspection to the child care center. I interviewed the licensee designee Ms. Tracy Pilbeam. I made Ms. Pilbeam aware of the allegations in the complaint. Ms. Pilbeam stated she has never hit a child in care or deprived any child of food, especially not as a form of punishment. During the onsite inspection on May 4, 2023, interviewed CCSM 1. CCSM 1 stated she has worked at the center for a year. She has never seen Ms. Pilbeam hit or hurt a child. Ms. Pilbeam has never threatened the child care staff members or the child care children. Ms. Pilbeam even offers snacks and water to the child care children when they are upset. During my onsite inspection on May 4, 2023, I interviewed CCSM 2. She has never seen Ms. Pilbeam hit, be aggressive, or deprive a child of food. CCSM 2 said she has never seen a child deprived of food by any child care staff member. During my onsite inspection I interviewed CCSM 3. She has never seen "Ms. Tracy" hit, slap, or be aggressive to any of the childcare child. CCSM 3 further stated she has never seen a child deprived of food for any reason at the child care center. During the onsite inspection on May 4, 2023, I conducted and exit conference with the licensee designee, Ms. Tracy Pilbeam. On July 10, 2023, I spoke to Child A's Mother. Child A's Mother stated that she is aware of the allegations that have been made regarding Ms. Pilbeam and the child care staff and knows that none of it is true. Child A's Mother stated that she has no concerns as a parent and loves the center. Child A's Mother stated her son denied any problems at the center and has not seen any child hit or deprived of food. 4 On July 20, 2023, I spoke to Child B's Mother. Child B's Mother stated she has no concerns with the child care center at all.

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  R 400.8140 · .................................................................................. R 400.8140 Discipline. ..................................................... ................................................................................................................................................................................................................... (2) All of the following means of punishment are prohibited: (e) Depriving a child of meals, snacks, rest, or necessary toilet use.

  Ms. Pilbeam is not depriving the child care children of meals or snacks as a form of discipline.

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  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

  On April 12, 2023, I spoke to the Complainant regarding the allegation in the complaint. The Complainant stated the toddler room has been complete chaos in the mornings. The Complainant has seen 15 toddlers being cared for by two child care staff members. Sometimes the children are crying, and one staff member is changing diapers and the other child care staff member is trying to care for the other children. Every time the Complainant enters the toddler classroom, the classroom is out of ratio and not divided into two classrooms. The Complainant said the toddler classroom being out of ratio is scary, does not think two people should be providing care for that many children. On April 13, 2023, I made an unannounced onsite inspection to the child care center. I made licensee designee, Ms. Pilbeam aware of the allegation that the toddler room is out of ratio. Ms. Pilbeam stated that it is true that when she only has 16 toddlers she keeps them all in one classroom. The toddler one and toddler two classrooms are one classroom divided into two separate spaces. If there are only 16 toddlers, they all remain in the toddler one classroom. Ms. Pilbeam is aware that this 2 exceeds the required maximum group size of 12 children for toddler age children in the toddler classroom and plans to do a modification to correct issue. Ms. Pilbeam stated that it is hard to find consistent child care staff members to maintain both classrooms. During my onsite inspection I observed the toddler one and toddler two classroom. At the time of the inspection there were 12 toddlers with three child care staff members. During my onsite inspection on April 13, 2023, I interviewed Child Care Staff Member (CCSM) 1. CCSM 1 stated she works in the toddler room. She and CCSM 2 provide care for 16 child care children in the classroom. CCSM 1 and CCSM 2 are the only child care staff members because there are not have enough child care staff members to cover both classrooms. During the inspection on April 13, 2023, I interviewed CCSM 2. CCSM 2 stated that there are usually 12-16 toddlers in the toddler one classroom. CCSM 2 went on to say that Ms. Pilbeam is doing her best, to fill positions, but they have been short staffed.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8112 · R 400.8112 Comprehensive background check; fingerprinting. .................................................. ...................................................................................................................................................................................................................................... (1) Pursuant to section 5n of the act, MCL 722.115n, before an individual has unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following: (a) A licensee. (b) A licensee designee. (c) A child care staff member. (d) A child care aide. (e) An unsupervised volunteer.

  On March 31, 2023, I called the Complainant to obtain additional information. The Complainant stated that Ms. Pilbeam hired Child Care Staff member (CCSM) 6 as a custodian, however CCSM 6 is allowed to work in the classrooms and on the playground with the children. The Complainant believes this is concerning because the Complainant does not believe CCSM 6 has the clearances to act a substitute to keep the classrooms in ratio. On April 13, 2023, I made an unannounced onsite inspection to the child care center. I made Ms. Tracey Pilbeam, licensee designee aware of the allegations in the complaint. Ms. Pilbeam stated that {CCSM 6} does fill in in the classrooms or on the playground occasionally in order to maintain ratio when she is short staffed. Ms. Pilbeam said CCSM 6 meets licensing requirements to be alone with children and count in ratio. Ms. Pilbeam showed me CCSM 6's employee file which contained a comprehensive background check with a statement that he is eligible to work with children.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8137 · R 400.8137 Diapering; toileting (10) Toileting learning or training must be planned cooperatively between the child's regular caregiver and the child's parent, so the toilet routine established is consistent between the center and the child's home.

  On April 10, 2023, I made an unannounced onsite inspection to the child care center. I discussed the allegations in the complaint with Ms. Pilbeam. She has not had any parent complaints regarding the centers diapering practices. She is not aware of any concerns. On April 10, 2023, I interviewed CCSM 4. CCSM 4 works in the preschool classroom. Most of the children in her classroom are toilet trained and do not require assistance. CCSM 4 did not report any concerns regarding the centers diapering practices. On April 10, 2023, I interviewed CCSM 3. CCSM 3 works in the pre-toddler classroom. CCSM 3 stated there is on child in the center that is allergic to Huggies and they have never been used on him. CCSM 3 said the allegations regarding not helping the child care children with toileting is false. On April 10, 2023, I interviewed CCSM 5. CCSM 5 stated that she is unaware of there being issues with diapering in the classroom. They do have one child in the infant classroom who can't wear Huggies brand diapers. None of the child care staff members have ever used Huggies diapers on that child and CCSM 5 is unaware of any incident that involved a child having a blistered bottom due to them using the wrong diapers. On April 10, 2023, I interviewed CCSM 2. CCSM 2 works in the infant classroom. CCSM 2 stated the children in her classroom are in diapers and are changed on a regular basis. CCSM 2 did not know of any child care staff members not assisting children in the other classrooms. CCSM 2 stated they change the infants whenever their diapers regularly. She was unaware of any infant having a reaction because of the wrong diapers being used. 4 On April 10, 2023, I spoke to Child A's Mother. Child A's Mother stated that her 4- year-old is potty trained and the child care staff members at the center are the ones who potty trained her. The child care staff members do not ignore the children's diapering need. Child A's Mother stated that Child A did have a wetting accident last week, but Ms. Pilbeam had clothes at the center. She changed Child A and got her cleaned up. Child A's Mother believes the child care staff members and Ms. Pilbeam go above and beyond for the children. On April 10, 2023, I spoke to Child B's Mother. Child B's Mother stated she does not have any concerns at all about the child care center. On April 10, 2023, I spoke to Child C's Mother. Child C's Mother stated the infant room child care staff members are great with Child C, she does not have any concerns. On April 10, 2023, I spoke to Child D's Mother. Child D's Mother stated she does not have any issues with the way the infant child care staff members care for Child D. She does not have any concerns with the child care center at all.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  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. 1

  On April 10,2023, I made an unannounced onsite inspection to the child care center. I discussed the allegations in the complaint with Ms. Pilbeam. Ms. Pilbeam stated that she believes she knows who made the complaint are there have been no incidents of biting concerning her child. There have not been any biting incidents where the child care children were not being supervised. On April 10,2023, I interviewed CCSM 3. CCSM 3 could not recall any incidents of biting that did not have an explanation. There have been some biting incidents, but they are reported, and none have been in the face. On April 10, 2023, I interviewed CCSM 4. CCSM 4 stated that she works in the preschool classroom and they have not had any incidents of biting in her classroom. She is unaware of biting in any other classroom. On April 10, 2023, I interviewed CCSM 5. CCSM 5 stated she works in the toddler classroom. She is unaware of any biting incidents without explanation, there have not been any incidents of any child being bitten in the face. On April 10, 2023, I interviewed CCSM 2. CCSM 2 stated that she works in the infant room and they have not had any biting incidents with the infants. On April 10, 2023, I called Child A's Mother. Child A's Mother stated that she has not had any issues with the child care center. On April 10, 2023, I called Child B's Mother an discussed the allegations in the complaint. Child B did not have any concerns. On April 10, 2023, I spoke to Child C's Mother. Child C's Mother stated she has not had any issues. Child C's Mother stated that her older children have also attended the center and she has never had any concerns. On April 10, 2023, I spoke to Child D's Mother. D's Mother stated she ha not had any issues with the way the child care staff members care for Child D.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8158 · 1 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: (a) A child is lost or left unsupervised. (b) An incident involving an allegation of inappropriate contact. (c) A fire on the premises of the center that requires the use of fire suppression equipment or results in loss of life or property. (d) The center is evacuated for any reason.

  On March 30, 2023, 1 spoke to the Complainant to gather additional information about the complaint information. The Complainant stated that on October 19, 2022, there was a fire at the center and Ms. Pilbeam told the fire department that it was just a burnt bagel. The Complainant stated that it was more than a burnt bagel. The Complainant said there was a plastic bin on top of the stove and all four burners were on. The Complainant believes that Ms. Pilbeam turned on the burners and placed the plastic bin on the stove. The Complainant said parents were not notified about the fire. On April 10, 2023, I made an unannounced onsite inspection to the child care center. I made Ms. Pilbeam aware of the allegations in the complaint. Ms. Pilbeam stated that there was never a fire at the center, there was only smoke. There was a plastic tote on top of the refrigerator that fell onto the stove, somehow one of the burners came on when the tote hit the stove and the plastic began to melt and started smoking. Ms. Pilbeam stated that she called 911 and got the children out of the building. The fire department came and checked everything out and they were back in the building within twenty minutes. Ms. Pilbeam did not report the incident to licensing as there was not actually a fire. We discussed the rule and the requirement to report any time the center needed to be evacuated. On April 10, 2023, during the onsite inspection I interviewed CCSM 3. CCSM 3 stated she was not present at the center at the time of the fire evacuation and did not ask a lot of questions about it, she does not remember the date it happened but does know that it was months ago. On April 10, 2023, I interviewed CCSM 2. CCSM 2 was not working a the time of the fire and did not provide any information regarding the incident. On April 10, 2023, I interviewed CCSM 4. CCSM 4 stated she was unaware of the fire incident and could not provide any details about what happened. On April 10, 2023, I interviewed CCSM 5. CCSM 5 stated that she does not remember the exact date of the fire, but it was around October or November 2022. When she arrived at the center the fire department was clearing out the smoke, by 8:00 a.m. the smoke was all resolved, and the children were able to go back into the building. 7 On April 10, 2023, I called Child A's Mother. Child A (age 4 years) attends the child care center. Child A's Mother said she was notified right away about the fire through the ProCare Child Care App. On April 10, 2023, I called Child B's Mother. Child B (age 4 years) was at the center the day of the fire. Child B's Mother stated that there was not an actual a fire, only smoke from the kitchen. Parents received a message on the ProCare application as soon as the incident occurred. Child B's Mother stated she got to the center at approximately 7:55 a.m. and the children were able to go into the center 10 minutes later. Child B's Mother went on to say that she does not have any concerns at all about the center. The child care staff members always immediately address any concerns. On April 10, 2023, I spoke to Child C's Mother. Child C (age 1 years old) has not had any problems at the child care center. Child C's Mother stated she received a notice electronically about the fire the same day it happened. On April 10, 2023, I spoke to Child D's Mother. Child D (age 1 years old) does attend the child care center. Child D's Mother stated she does not have any issues with the child care center and does not know anything about a fire occurring at the center. On April 13, 2023, I spoke to child care licensing consultant Timothy Swope. Mr. Swope was made aware of the fire at the center, but not until recently. He was not aware that the incident occurred in October 2022. Ms. Pilbeam did not report that the center was evacuated.

• Violation

  R 400.8158 · 1 R 400.8158 Incident, accident, injury, illness, death, fire reporting. (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.

  On April 10, 2023, 1 made an unannounced onsite inspection to the child care center. I interviewed the program director Tracy Pilbeam. Ms. Pilbeam stated on there was a child with hand, foot, and mouth disease in the pre-toddler classroom. On March 19, 2023, she sent a message on ProCare letting the parents of the children in the pre-toddler classroom know about the exposure to Hand, Foot, and Mouth in that classroom. Ms. Pilbeam said on either March 26, 2023 or March 27, 2023 another child at the center had hand, foot, and mouth disease so she sent a center wide message to all of the parents. Ms. Pilbeam posted the symptoms on the doors of the classrooms and also provided the information in ProCare. During the onsite inspection on April 10, 2023, I viewed the signs posted in the center informing the child care parents of the exposure to hand, foot, and mouth disease. The signs were published by the Lenawee County Health Department. Ms. Pilbeam showed me the information that was sent out in ProCare. The emails in ProCare alerted parents of the incidents of hand, foot, and mouth Disease. rj • • • i 'i i 1 `• `• • r • i • fi •i • • • •I • fi e i ff• • - • t ••- • • m disease, then the center shall notify parents and provide all of the following information: (a) The name of the communicable disease and the children were exposed to. (b) The symptoms of the disease. (c) Prevention measures as recommended by the U.S. Centers for Disease Control and Prevention (CDC)at the following website: nnu fps.,'1 wwcdc. ov/DiseasesCornditions. ANALYSIS: The child care center provided notice to the child care parents that a child in care contracted a communicable disease. The symptoms of the disease were posted in the center and sent on the ProCare application for parent. CONCLUSION: I VIOLATION NOT ESTABLISHED

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  R 400.8330 · R 400.8330 Food services and nutrition generally. (6) A center shall make water available to drink throughout the day to children 1 year of age and older.

  On April 13, 2023, I made an unannounced onsite inspection to the child care center. I discussed the allegations in the complaint with the program director Tracey Pilbeam. Ms. Pilbeam stated that the child care children always have water available to them, both inside the classroom and while outside on playground. During the onsite inspection on April 13, 2023, I viewed the toddler one and two classrooms. There was a tray with water bottles sitting on a table available for the child care children. During the onsite inspection on April 13, 2023, I interviewed child care staff member 7(CCSM 7). CCSM 7 stated she works in the toddler classroom with CCSM 2. CCSM 7 stated that when they go outside, they take water out for the child care children and place it on a blue tray for them. When the children are outside, she usually makes the children go into the shade every 10 to 15 minutes and the children generally drink water when she brings them into the shaded area. However, the water is available for the children to get whenever they would like any. During the onsite inspection on April 13, 2023, I interviewed CCSM 5. CCSM 5 stated that in the toddler classroom the child care children bring in their own water bottles from home. Water is always available to them. They have cups and a jug of water available to the child care children who forget their water bottles. 11

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  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 December 20, 2023, I made an unannounced onsite inspection to the child care center. I discussed the allegations in the complaint with the program director Tracy Pilbeam. Ms. Pilbeam stated that she believes these allegations are coming from a child care staff member who was fired for vaping outside. Ms. Pilbeam went on to state that the allegations are completely false and the infant room child care staff members are not rough with the infants. Ms. Pilbeam stated that she works in the infant room and has never witnessed any inappropriate behavior. On December 20, 2023, I interviewed CCSM 1. CCSM 1 stated she has worked at the child care center since April of 2022 and works in the infant classroom. CCSM 1 stated that she has never witnessed any roughness with the infants. She denied allowing children to cry without comforting them. CCSM 1 uses a calming method of clicking her tongue to help the babies calm down when they are upset. When the babies click their tongues, she knows to move them or pick them up, she went on to say it is like baby sign language. CCSM 1 stated that a former employee complained that CCSM 2 was rough when she wiped the baby's noses. CCSM 1 stated that she did not think CCSM 2 was rough when she wiped noses. Most of the infants in the classroom do not like to have their noses wiped and will move their heads on try and go backwards. The child care staff members will hold on to the infants heads when they wipe to prevent the infants from falling out. CCSM 1 stated that the allegation that she pushed a baby down is not true and there were no incidents where anything similar to that occurred. CCSM 1 stated that they only have one child care child teething, and they receive a teether out of the freezer when they begin to cry. CCSM 1 stated that she has never called any of the children names, especially not stupid. She went on to say there are times she has gotten, "tapped out" and given a baby to another child care staff member, but has never called names, pushed, or hit a child. During the onsite inspection I interviewed CCSM 4. CCSM 4 stated she has worked at the center since 2021. She currently works in the toddler one classroom but was previously the infant classroom lead caregiver. CCSM 4 stated that she has never observed any of the child care staff members being rough with the children nor has she heard any of them call the children names. CCSM 4 stated she worked with CCSM 1 when she was the lead caregiver in the infant room and never had any problems or concerns with the way CCSM 1 interacted with the child care children, she was never rough or excessive with them. 3 On April 10, 2023, I made an unannounced onsite inspection to the child care center. During the onsite inspection I interviewed CCSM 2. I made CCSM 2 aware of the allegations in the complaint. CCSM 2 stated she is not rough with the children; "they are only babies." I asked CCSM 2 if she knew why anyone would say she was rough with the children? CCSM 2 stated that there was previously someone who worked in the infant room who said she was being rough when she was wiping a child's nose, but she did not think she was being rough and was not doing anything to hurt the baby. The baby didn't want their nose cleaned and would try to throw their head backward and shake their head when she would wipe their nose. CCSM 2 went on to say that in order to keep them safe she held the back of their head when wiping their nose so they wouldn't fall or hurt their necks. CCSM 2 stated that she never heard CCSM 1 call any of the children names. She has never seen her push a child or speak harshly to them either, they are only babies and she doesn't think anyone working at the center would do anything like that to the children. During the onsite inspection on April 10, 2023 I completed an exit conference with the findings of the investigation with Ms. Tracy Pilbeam. On April 10, 2023 I called Child A's Mother. Child A (age 4 years) has been attending th

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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.

  On December 20, 2022, I made an unannounced onsite inspection to the child care center. I discussed the allegations in the complaint with the program director Tracy Pilbeam. Ms. Pilbeam stated that they change the children's diapers every two hours or if the diapers are "dirty." She frequently works in the infant room and is certain that the diapers are changed regularly. During the onsite inspection I reviewed the diaper changing logs on ProCare, the application used to document each child's day and communicate with parents, for December 13th and December 14, 2022. The log showed each diaper change of the child care children and whether the diaper was soiled. On December 20, 2023, I interviewed CCSM 1. CCSM 1 stated that the diapers are changed frequently, they at minimum change the diapers every two hours. They also change them when they are soiled. On April 10, 2023, I interviewed CCSM 2. CCSM 2 stated that they always change the children's diapers, there has not been any incidents of children remaining in wet or soiled diapers, unless they are asleep, and they don't know that they need to be changed. On April 10, 2023, I called Child C's Mother. Child C's Mother does not have any concerns with the center or the care that Child C receives. She has not had any concerns with diaper changing. The changes are sent to them on an app. On April 10, 2023, I called Child D's Mother. Child D's Mother does not have any concerns with the childcare center or the staff. She has not had any issues the diapering of Child D.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8140 · R 400.8140 1 Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

  CCSM 1 did not push any of the infants or toddlers down. CCSM 1 nor any of the child care staff member have been rough with the child care children.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  R 400.8137 · R 400.8137 Diapering; toileting. (6) Diapers and training pants must be checked frequently and changed when wet or soiled.

  I The child care staff members change the child care children's diapers when wet or soiled.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  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 August 10, 2022, I spoke with the complainant. The complainant stated Child A is picked up by Child A's Mother and family members. Child A has been in attendance for a year and has been on a waiting list to go full- time. However, another family started, and Child A's Mother was not offered to have a full-time position. Child A can only attend two to three days and Child A's Mother was told by Mrs. Pilbeam that "she understands if this does not work." The complainant stated Mrs. Pilbeam kicked Child A in the buttock when Child A's Mother was dropping off at 6:30 a.m. Complainant does not remember the conversation, but Mrs. Pilbeam said, "You little stinker" to Child A and then took her foot and tapped his bottom with her foot. It seemed like Mrs. Pilbeam was trying to be funny and the kick was harder than she thought. Child A stumbled but then caught himself before he fell. Mrs. Pilbeam said, "Oh, sorry." Then it got "weird and awkward." The complainant is not sure if it occurred on July 25, 2022, but sometime that week for sure. During the last investigation over a month ago, Mrs. Pilbeam called Child A's Mother and told her someone would be calling her and then "walked her through what she should say." According to the complainant, it is unknown if the scratches occurred at child care but Child A has had scratches on his lower back on two different occasions. Child A has dry skin, and his eczema can cause him to get marks easily. The doctor did not have any concerns and just told Child A's Mother to keep an eye on him and if more scratches occur to bring him back to have them checked. On August 10, 2022, I completed an on-site inspection. Mrs. Pilbeam stated Child A is in the pre-toddler classroom and the teachers are Amber Flores and Brook Gorney. According to Mrs. Pilbeam, she never kicked "Child A" either playfully or any other way. On July 25, 2022, when she allegedly kicked Child A, he was signed out at 3:54 p.m. She normally begins covering in the preschool classroom between 4:00 p.m. to 4:30 p.m. Mrs. Pilbeam stated Child A's Mother never addressed with her any scratches she found on Child A. According to Mrs. Pilbeam, Child A is not treated any differently than any other child in the classroom. She absolutely "loves, loves, loves" this family and she is just "blown away" by the allegations. Mr. Pilbeam provided a child care staff member report for July 25, 2022. Brook Forney worked in the pre-toddler classroom from 8:55 a.m. to 5:20 p.m. on July 25, 2022, and Amber Flores worked in the pre-toddler classroom on July 25, 2022, from 3 6:30 a.m. to 4:15 p.m. Chloe Houghton worked in the pre-toddler classroom on July 25, 2022, from 8:27 a.m. to 4:31 p.m. It is noted Mrs. Houghton is no longer working at the center. Mr. Pilbeam provided the attendance log for Child A and for the month of July Child 6th, A was only in attendance on July 20th 25th and 27th 2022. The allegations reference July 13, 2022, as the date Child A had six unexplained scratches on his lower back. Mr. Pilbeam provided the attendance log for Child A for August 2022. Child A was only in attendance one day, August 1, 2022. Mr. Pilbeam provided three daily summary sheets for Child A. The daily summary for July 20, 2022, has three photos captured. One photo is with Child A reading a book in a child sized rocking chair, one with child A playing in a small play structure, and one with Child A sitting with his peers during large group time. On July 27, 2022, there are three photos captured. One is Child A standing near a box of blocks. One is Child A sitting with a peer and exploring an object with the child care staff member. The last one is of Child A pushing a toy across the classroom. On August 1, 2022, there are four photos captured. Child A is playing with friends in one photo, sitting in large group with peers in another photo, getting a toy out of storage box in the one photo, and standing next to a table looking to the side in one photo. On August

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8137 · 1 R 400.8137 Diapering; toileting. (6) Diapers and training pants must be checked frequently and changed when wet or soiled.

  On August 10, 2022, I spoke with the complainant. The complainant reported there have been four to five times where Child A is picked up and then it is discovered he has a full diaper. Child A's Mother brought this to someone's attention at the center and she was told there is a new afternoon "teacher" and a conversation would happen with the child care staff members in the pre-toddler classroom. On August 10, 2022, I completed an on-site inspection. I spoke with Mrs. Pilbeam, and she stated Amber Flores is very picky about making sure diaper changes are done on a schedule and therefore she does all the diaper changes for the pre- toddler classroom. Mr. Pilbeam provided the Procare daily summary for Child A for July 20, 2022, July 27, 2022, and August 1, 2022. On July 20, 2022, Child A was arrived at 9:13 a.m. He was changed at 9:52 a.m. and 2:16 p.m. He took a nap from 12:06 p.m. to 2:00 p.m. Child A left for the day at 3:30 p.m. On July 27, 2022, Child A arrived at 9:12 a.m. Child A was changed at 12:03 a.m. and 2:17 p.m. Child A took a nap from 12:15 p.m. to 2:03 p.m. Child A left at 3:37 p.m. On August 1, 2022, Child A arrived at 6:35 a.m. Child A was changed at 8:12 a.m., 10:03 a.m., 11:40 a.m., and 2:16 p.m. Child A left for the day at 3:01 p.m. Before nap and every hour. Mr. Pilbeam provided the attendance log for Child A and for the month of July Child 6th, A was only in attendance on July 20th 25th and 27th. Mr. Pilbeam provided the attendance log for Child A for August 2022. Child A was only in attendance one day, August 1, 2022. It is noted Child A was diagnosed with a yeast infection on August 4, 2022, three days after his last day of attendance at Friends And Family Daycare, LLC. On August 10, 2022, I interviewed Amber Flores. Mrs. Flores is a child care staff member in the pre-toddler classroom. Mrs. Flores stated she checks diapers every hour and before she leaves for the day. Child A has diaper cream in the classroom, 5 she uses diaper cream on anyone who has a rash and has cream. She has never seen Child A have diaper rashes at all. Child A's Mother and/or grandparents have never reported anything about Child A having a diaper rash or having full diapers at pick-up. On August 10, 2022, I spoke with child care staff member Brooke Gorney. She helps check the diapers every hour and if needed, Amber changes them. She has never noticed a diaper rash on Child A.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8176 · R 400.8176 1 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. (b) For any child in care who regularly naps. (c) Upon a parent's request for any child in care.

  On August 10, 2022, I spoke with the complainant. The complainant stated the first week of July 2022, the complainant was told by someone (name unknown) in the pre-toddler classroom that Child A did not have any sheets at school. The complainant was told later they had a spare set and did not realize it. Child A's Mother took sheets into the school and told Mrs. Pilbeam they were in the bottom of Child A's bag. Mrs. Pilbeam stated she would make sure the child care staff members got them. When Child A was picked-up the sheets were folded and in the bottom of the bag exactly as they were when Child A was dropped off. On August 10, 2022, I completed an on-site inspection. According to Mrs. Pilbeam, Child A's Mother brought a sheet and Child A handed it to her; she gave it to Amber Flores. If a child does not have a sheet in their bag, they always have extra clean sheets they use; children never go without a sheet to sleep on. The child's sheets are sent home weekly; however, Child A's attendance is not regular and therefore if he is not in attendance on his last day of the week at the center then it would be sent home the following week. On August 10, 2022, I interviewed child care staff member Amber Flores. Mrs. Flores reported she works in the pre-toddler classroom. Mrs. Flores stated Child A has sheets in the classroom now, he did not at one time. He has sheets at the center now; he was present last Monday and called in sick Wednesday of last week and Monday of this week. Now he is on vacation this week and next week. She sends sheets home every Friday or the child's last day and his last scheduled day of attendance each week is Wednesday. They do not get sent home until his next day of attendance if he is absent on Wednesday. If there are no sheets, they have extra sheets in the class. She does not recall Child A's mother saying anything. On August 10, 2022, I spoke with child care staff member Brooke Gorney. Mrs. Gorney stated the conversation about the sheets took place with her. She was in the room cleaning, and she did not see there was a sheet for him. Child A was using a spare sheet and Child A's Mother may have misinterpreted when she told Child A's Mother, he did not have a sheet. She never said he was sleeping on a bare mat; if parents do not provide a sheet, they have extras available and use those until sheets from home are brought in.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  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; 1 to 8; 16 30 months of age until 3 years of age c) Preschoolers; 1 to 10; Not applicable 3 years of age until 4 years of age Preschoolers; 1 to 12; Not applicable 4 years of age until school-age d) School-agers; 1 to 18; Not applicable

  On August 10, 2022, I spoke with the complainant. The complainant stated there were several mornings that Child A was dropped off at 6:30 a.m. and there were more than four children with one child care staff member. On August 10, 2022, I completed an on-site inspection. Mr. Pilbeam was working in a classroom to maintain ratio and joined the meeting with Mrs. Pilbeam when the child care staff member returned to maintain ratio. Mrs. Pilbeam stated the classrooms are always in-ratio. They do not always log when she and Mr. Pilbeam are entering and exiting classrooms to maintain ratio and, in the morning, there are always extra child care staff members in the building, and they help when needed. Those extra child care staff members are not always signed into classrooms when they are just filling in until the scheduled child care staff member arrives. Mr. Pilbeam provided ratio reports for July 25, 2022, and July 27, 2022. The reports were reviewed. On July 25, 2022, from 7:45 a.m. to 8:30 a.m. the classroom appears out of ratio as more children are checked into the classroom and not enough child care staff members are checked in. On July 27, 2022, at the 4:30 p.m. ratio check-in there are five children and one child care staff member checked in. At the 4:45 p.m. check-in there are two children and one child care staff member checked in. Mrs. Pilbeam stated this is the time she is normally in the pre-toddler classroom for ratio, the classrooms are never out of ratio because she and Mr. Pilbeam are always there and fill-in; they also move staff around from rooms that are over ratio. In addition, they very often have extra child care staff members in the building that can start their day early if needed. The recommendation was made to use one classroom as the opening and closing classroom and do a paper tracking of child care staff members and children as they arrive and leave that opening/closing classroom. This will give Mr. and Mrs. Pilbeam what they need to prove their ratio is consistently maintained and eliminate any concerns regarding ratio during the opening and closing times of the center. Mr. and Mrs. Pilbeam reiterated that they have never been out of ratio and they will formulate a way to have an accurate documentation of all classrooms at all times. On August 10, 2022, I interviewed Amber Flores. Mrs. Flores is a child care staff member in the pre-toddler classroom. Mrs. Flores stated when she arrives, Tracy is always in ratio with her children. Ratio is determined by the age of the youngest child. On August 10, 2022, I spoke with child care staff member Brooke Gorney. Mrs. Gorney stated she is not aware of the classrooms being out of ratio. On August 23, 2022, I completed an on-site inspection from 7:00 a.m. to 7:30 a.m checked each classroom for ratio and each classroom was within ratio.

• Violation

  R 400.8176 · R 400.8176 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.

  There was a noise machine sitting on the corner of two cribs. There was an infant sleeping in one of the cribs.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  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: a) Infants and toddlers' birth until 30 months of age, Ratio: 1 to 4 Group Size:12 b) Preschoolers 30 months of age until 3 years of age Ratio: 1 to 8 Group Size:16 c) Preschoolers, 3 years of age until 4 years of age Ratio: 1 to 10 d) Preschoolers, 4 years of age until school-age Ratio: 1 to 12 e) School-agers Ratio: 1 to 18

  On 07/25/2022 I made an unannounced visit to the center. I observed all five classrooms, and the following ratios were noted: • The infant room had 7 infants with 2 child care staff members. • The pre toddler classroom, serving children between the ages of 18 months and 2 years, had 12 children with 3 child care staff members. '/2 • The toddler 1 classroom, serving children between the ages of 2 and 3 '/2 1/2 years, had 15 children with 2 child care staff members. • The toddler 2 classroom, serving children between the ages of 2 and 3 1/2 1/2 years, had 13 children with 2 child care staff members. • The preschool classroom, serving children between the ages of 3 and 5 years, had 12 children with 2 child care staff members. All classrooms were operating within ratio requirements. I interviewed licensee, Tracey Pilbeam. She said none of the classrooms last week were operating out of ratio and there was never a time she was outside with 2 approximately 17-20 children. Last Friday, 07/22/2022 she was sitting outside with child care staff member in the toddler classroom, Sydney Gonzalez. She and Ms. Gonzalez were outside with the children from 4:00PM to 5:00PM with approximately 10-12 children with the youngest child being 2 years of age. She said there were 1/2 no infants on the back porch nor were there any children younger than 2 years. 1/2 Mrs. Pilbeam said the ratio for this age group is 1 to 8 and they were within those requirements. Parents were picking up children at this time, but no parents approached her or mentioned any concerns about having too many children. No concerns have been brought to her attention by child care staff members or parents within the last 30 days regarding operating out of ratio or appearing to have too many children. I interviewed child care staff member Kaitlyn Zeller, who works in the infant classroom. She said she has been with the center since the second week of April 2022 and typically works 6:30AM to 4:00PM, but will occasionally stay later, if needed to maintain ratios. When she leaves, there are usually four infants with two child care staff members. Last week, she does not recall seeing Ms. Pilbeam outside in the afternoon, but she left the center at 4:00PM on 07/22/2022. She said other classrooms do not use the back porch space other than the infants and toddlers. The infant classroom has never combined with any other classrooms while using the back porch. Within the last 30 days, no parents or child care staff members have ever complained about any classrooms operating out of ratio. The infant classroom operates in a 1 to 4 ratio and her classroom has never been out of ratio. I interviewed child care staff member Rachael Buehrer who works in the preschool classroom. Ms. Buehrer said she is typically in her classroom around 4:00PM and is unaware of any complaints regarding 17-20 younger aged children on the back porch with only two child care staff members. She has no concerns regarding any classroom operating out of ratio and her classroom has never operated out of ratio, which is 1 to 10. She said the center has floaters who cover breaks and Mr., and Mrs. Pilbeam also assist in the classroom when needed. Within the last 30 days, no parents or child care staff members have complained about having too many children in a classroom. I interviewed child care staff member, Brooke Gorney. She said she works from 9:00AM until 5:30PM in the pre-toddler classroom. She said she has never had more than four children by herself. Last week, she did not go outside on the back porch as her classroom went outside in the morning. Ms. Gorney was not present at the center last Friday. She does not have any concerns for any classrooms operating out of ratio and no parents or child care staff members have complained to her about having too many children in a classroom. She has never witnessed any classrooms operating out of ratio either. I interviewed child care staff member Sydney Gonzalez, who works in th

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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 21, 2022, I completed an on-site inspection. I observed there were infant car seats in the hallways and I reviewed R 400.8525(6) with owners Mark and Tracy Pilbeam in that all means of egress must be unobstructed and easily traveled. Mr. and Ms. Pilbeam were not aware of this rule and immediately moved the infant car seats noting they will come up with an acceptable way to store them pursuant to licensing. I interviewed Mark and Tracy Pilbeam. They both stated there are no child care staff members yelling at children, they are there every day and if that were to happen, they would address it immediately. They have not heard this occur at all. They do tell their child care staff members they do not want them to carry a child around all day long, as this makes it difficult to care for the other children. Child care staff members are absolutely supposed to pick up crying children, hold crying children, and address children's needs. On June 21, 2022, I interviewed child care staff member Brooke Gorney. Ms. Gorney stated she works in the Toddler 1 classroom which serves children ages 1 1/2 to 2 She feels her colleagues are fair, nurturing, and yet do not overstep 1/2. caregiving boundaries. On June 21, 2022, I interviewed child care staff member Amber Renee Flores. Ms. Flores stated she works in the Toddler 1 classroom and is the lead teacher; she has been employed at the center since it opened and she also worked for the owner at her in home child care for a combined total of four years. According to Ms. Flores, the child care staff members interact with children positively, teaching them, helping them learn, and playing with the children. She feels there is good child care staff at the center. On June 21, 2022, I interviewed Chloe Houghton, child care staff member. Ms. Houghton reported she has worked at Friends and Family Daycare for two and a half months. According to Ms. Houghton, the child care staff members she has worked directly with do an amazing job with the children and are good at what they do. Child care staff members play with the children, positively interact with them, and they address their needs when they are crying. No one ignores children when they cry, the children are well cared for. On June 21, 2022, I interviewed child care staff member Emma Bowers. Ms. Bowers stated she works in the Toddler 2 classroom. As to child care staff members interactions with children, Ms. Bowers stated she feels they do a lot of learning activities, teaching, and positive interactions. According to Ms. Bowers there is a center rule that if one child cries a lot, they are not supposed to pick them up because Mark and Tracy Pilbeam do not want them to get too attached to the same 3 child care staff member. This is different for infants and toddlers because they need to be held for their care. On June 21, 2022, I interviewed Sydney Gonzalez, child are staff member. Ms. Gonzalez stated she works in the Toddler 1 classroom. Ms. Gonzalez stated she has received a copy of the discipline policy and has never seen anyone behaving in a manner that is against the policy. She feels the children care staff members are good with the with the child care children. On June 22, 2022, I interviewed child care staff member Cynthia Olsen. Ms. Olsen stated she has worked in the Toddler 2 classroom since February 2022. She feels the child care staff members do a really good job sitting with children, engaging with children, and communicating to children in a kind and patient manner. She has never heard anyone yelling at child care children or interacting with children in a way that is against the discipline policy; she has received a copy of the discipline policy and she did read it. Ms. Olsen reported she was told she cannot hold children all day long so they cannot get their play in. However, if they cry, they are supposed to pick the children up and sooth them and then encourage them to rejoin their play. To her knowledge, it is not a center

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 & toddlers 1 to 4 12 birth to 30 months of age b) Preschoolers 30 1 to 8 16 months of age to 3 Z years of age c) Preschoolers 3 1 to 10 30 years of age until 4 years of age d) Preschoolers, 4 1 to 12 36 years of age to school-age e) School-agers 1 to 18 36

  On June 21, 2022, I completed an on-site inspection. I walked through the Infant classroom, the Toddler 1 and Toddler 2 classrooms, and the Preschool classroom. All classrooms had enough staff members for the children that were present in each classroom. Ratio was appropriate throughout the center. I interviewed Mark and Tracy Pilbeam. They both denied being out of ratio and indicated they could provide the classroom ratio logs. However, whatever member of the management team is present at opening will stay in a classroom until they are in ratio, and this is not on the logs. The management team consists of Mark Pilbeam, Tracy Pilbeam, and Kaitlyn Zeller. There are also times when a child care staff member is present but not "clocked" in yet and they will cover a classroom, if necessary, until a child care staff member arrives to replace them ensuring ratio is maintained. The log sheets do not reflect this either and therefore it is difficult to tell by the sheets if they are in ratio at times; however, they are never out of ratio. They do not ask their child care staff members to return from lunch or break to maintain ratio and they would never ask anyone to lie to licensing. Both Mark and Tracy Pilbeam stated they are always at the center, and they will both be available to cover classrooms to maintain ratio. Mr. Pilbeam uses ProCare, a child care management software, to track ratio, and this will alert him if any classroom is going to be out of ratio and then he addresses it and makes sure ratio is maintained. On June 21, 2022, I interviewed child care staff member Brooke Gorney. Ms. Gorney stated she is not aware of any classroom in the center being out of ratio at any time. Her shift begins at 9:00 a.m. and there are already two child care staff members with what is normally eight children. There are four more children that typically arrive after she begins her day. According to Ms. Gorney, she has never been told to go outside with more than four children and does not know of anyone being "forced" to be out of ratio or being out of ratio. Ms. Gorney reported Mark and Tracy Pilbean ever asking her to lie to anyone. She is unaware of Mark and Tracy Pilbean asking anyone in the center to lie. She was working when the licensing consultant arrived in the last two weeks, and she is unaware of anyone being out of ratio at that time. On June 21, 2022, I interviewed child care staff member Amber Renee Flores. Ms. Flores stated she has been employed at the center since it opened, and she also worked for the owner at her in home child care for a combined total of four years. According to Ms. Flores, Tracy and Mark Pilbeam always come around and check the classrooms to make sure they are in ratio. There is a schedule for each classroom for each day and when they are over ratio, they let Tracy and Mark Pilbeam know and they add another child care staff member or move children, if possible, to keep the classrooms in ratio. Ms. Flores reported Mark and Tracy Pilbeam have never asked her to lie to the state or anyone else. She has never been asked to leave her break to make a classroom in ratio when the state is here or any other time. She has never been asked to do anything such as going outside alone with the child care children that would put her out of ratio. Her shift is 7:00 a.m. to 4:00 p.m. and if her leaving would make the center out of ratio she always stays until enough children have left to maintain ratio. On June 21, 2022, I interviewed Chloe Houghton, child care staff member. Ms. Houghton reported her normal schedule is 8:00 a.m. to 5:00 p.m. She has never been aware of any of the classrooms being out of ratio and she has never been told she must come back from break to maintain ratio. She was here last week when licensing came and she is not aware of anyone being out of ratio before, during, or after the inspection. Ms. Houghton reported neither Mark or Tracy Pilbeam have ever asked her or anyone else to lie to the licensi

• Violation

  R 400.8188 · R 400.8188 Sleeping, resting, and supervision. (14) Resting or sleeping areas must have adequate soft lighting to allow the child care staff member to assess children.

  On April 27, 2022, I made an unannounced onsite inspection to the child care center. Mr. Pilbeam was present in the center; however, the licensee designee Tracy Pilbeam was out of town and not in the center. Mr. Pilbeam called Mrs. Pilbeam and I made her aware of the allegations via telephone. It was rest time in the infant, toddler, and preschool classrooms. Each classroom had night lights, lava type lamps, and lighting coming from the windows allowing soft lighting in each of the classrooms during rest time. On June 14, 2022, I made an unannounced onsite inspection to the child care center. During the onsite inspection it was rest time in the toddler and preschool classroom. Upon entering the classrooms there was adequate soft lighting coming from the night lights and sunlight coming from the windows allowing the child care staff members to be able to view and assess the child care children.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8330 · R 400.8330 Food services and nutrition generally. (10) Menus must be planned in advance, dated, and posted in a place visible to parents. Food substitutions must be noted on the menus the day the substitution occurs.'

  On April 27, 2022, I made an unannounced onsite inspection to the child care center. I made the licensee designee aware of the allegations in the complaint via phone, as she was out of town. Mrs. Pilbeam stated that she was unaware that she needed to have a menu posted in the center, therefore she had never done one. Mr. Pilbeam and I walked into the classroom and he said to the child care staff members present to open the snack cabinet. There was an adequate number of snacks such as pretzels and veggie straws. I asked the child care staff member (I did not ask her name) that opened the cabinet what they were planning to have for snack, and she stated pretzels and water. 3 I informed Ms. Pilbeam that the rules required two components for snack. Ms. Pilbeam stated that she has never been informed of this rule and thought that was for people on the food program. Ms. Pilbeam stated that it would be stressful and costly to plan a menu in advance and did not want to deal with things such as buying strawberry's because they were on sale and having oranges listed on the menu, therefore she was going to stop providing snack and tell parents to bring their own snacks. I provided technical assistance regarding things she could provide for snack that would be affordable and allow her to meet the standards for having two components. I also provided guidance as to ways to plan the menu in advance that wouldn't be stressful. On April 27, 2022, I sent the following email Ms. Pilbeam with a snack guide and technical assistance to assure compliance with the rules: "Here is a copy of the guide you can use to give you guidance when providing snacks. The rule requires each snack to contain two components from the list. It can be as simple as a slice of whole grain bread with sun butter/peanut butter or cheese and crackers, Veggie Straws and a fruit or vegetable, pretzels and raisin, dry cereal and milk or dry cereal and yogurt. These are just a few examples of snack ideas, but the attached guide should provide more insights. As we discussed earlier R400.8330(10) requires the menu to be planned in advance and posted in a place visible to parents. Food substitutions must be noted on the menu the same day the substitution is made. You mentioned changing your agreement with the parents to having them provide their own snacks for their children. You can do this, however, please note R400.8330(2) requires you to have a written agreement with the parents stating that they are agreeing to what foods you will provide and what they will provide, so please assure this change is done in writing and parents sign off of the change prior to doing this. Also, remember you have to have food available for the children to eat in the event that the parents don't send a snack with them. When we were telling you mentioned the stress of having to plan a menu in advance. You do not have to plan the entire menu for the whole month, you could do it weekly or bi-weekly. I have noticed some centers plan the same snacks every week for example Monday=Cheese and Crackers, Tuesday= Fruit and a muffin." On June 14, 2022, I made an unannounced onsite inspection to the child care center to conduct and exit conference with Ms. Pilbeam. We discussed the findings of the complaint and discussed the changes she has made in the center since the complaint was made. Ms. Pilbeam stated that she has formed a PTO (Parent Teacher Organization) with her parents and they have assisted her in revising her snacks and doing a snack menu. I viewed the snack menu posted on the parent board for June and each snack listed consisted of two components. 4

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  R400.8335 · R400.8335 I (1) Food and beverages provided by the center must be of sufficient quantity and nutritional quality to provide for the dietary needs of each child according to the minimum meal requirements of the child and adult care food program(CACFP), as administered by the Michigan department of education, based on 7 CFR part 226, 1-18 edition,(2018) of the United States Department of Agriculture, Food and Nutrition Service, CACFP, and is hereby adopted by reference. A copy can be obtained at no cost from CACFP at http://www,fns.usda.gov/cacfp/rneals- and-snacks. In addition, a copy is 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. I

  On April 27, 2022, I made an unannounced onsite inspection to the child care center. I spoke to the licensee designee Tracy Pilbeam regarding the allegations in the complaint. Mrs. Pilbeam stated that parents send lunch to the center, and she provides snack to the child care children. She is not on the food program and does not serve any milk at the center to any of the child care children.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  R 400.8335 · .................................. ....... ................. ...................... .............. R 400.8335 Food services and nutrition; provided by center. (4) Children 12 months of age until 2 years of age shall be served whole homogenized Vitamin D-fortified cow's milk, except as provided in R 400.8330(4).

  The child care center does not provide milk to the child care children. Meals are brought from home and Ms. Pilbeam does not include milk with snacks. The rule does not require milk to be served at the center but requires that when milk is served to children 12 months to 2 years of age that it is whole milk.

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  R 400.8182 · R 400.8182 1 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: a) Infants and toddlers' birth until 30 months of age, Ratio: 1 to 4 Group Size:12 b) Preschoolers 30 months of age until 3 years of age Ratio: 1 to 8 Group Size:16 c) Preschoolers, 3 years of age until 4 years of age Ratio: 1 to 10 d) Preschoolers, 4 years of age until school-age Ratio: 1 to 12 School-agers Ratio: 1 to 18

  This investigation was originally assigned to Cheryl Gillespie, child care licensing consultant on 04/05/2022. All contacts between 04/07/2022 through 06/10/2010 were completed by Ms. Gillespie. The special investigation was transferred to me on 07/06/2022 and thus all contacts there after were completed by me. On April 7, 2022, I made an unannounced onsite inspection to the child care center. I met with Tracy Pilbeam, licensee designee. Ms. Pilbeam gave me a tour of the center. The center has five classrooms. All of the rooms were in ratio during my inspection. Tracy and Mark Pilbeam, licensees, showed me the electronic sign in program they use and pulled up several dates for me to review. The program showed that on March 22, 2022, the pre-toddler room had 9 children with two staff care members for 11:45 a.m. to 4:15 p.m. On March 24, 2022, the pre-toddler room had three child care staff members and 13 or 14 children between 9:30 a.m. and 3:15 p.m. The pre-toddler room is approved for children ages 18 months to 24 months. The child care staff member to child ratio should be maintained at 1 child care staff member to 4 children. The other classrooms were able to maintain ratio. Tracy and Mark Pilbeam explained that several child care staff members were out on sick leave during that week. The two of them substituted in the classrooms as much as possible. During my onsite inspection, Mark Pilbeam was substituting in the pre-toddler classroom because a child care staff member was out ill. Kayla Vogel, pre-toddler lead, stated that there were two days in March where her classroom was out of ratio. She said they were short staffed. On other days, they may be over ratio for a couple minutes if a child leaves early or a child does not get picked up as scheduled. In those situations, they move children to other classrooms as quickly as possible to maintain ratio. Emma Bowers is a child care staff member in the pre-toddler classroom. She stated there have been numerous child care staff members who have been ill. Her room was out of ratio on a couple days, but she did not remember which days. She added that when they are short staffed, Mark Pilbeam will usually substitute in the classroom. Rachel Buehrer, pre-school child care staff member, stated that her classroom is not ever out of ratio. She was unaware if other classrooms were having issues with ratio. 3 Jordan Campbell, infant room child care staff member, stated there are no issues in the infant room. The center always maintains a 1 child care staff member to 4 infants. Child A's Mother stated that she feels the child care staff members do a good job caring for the children, but she has noticed the pre-toddler room being out of ratio at least once. She knows they are working at getting more child care staff members. Child B's Mother has never seen an issue at the center. Her child is currently in the pre-toddler room. She said there are usually only two child care staff members present when she drops off and picks up her daughter. But there are never more than eight children at those times. Child C's Mother stated that when she picks up from the pre toddler room, there are usually, three child care staff members present because there are more than eight children present. She has observed mark and Tracy Pilbeam working in classrooms often. On 07/25/2022 I made an unannounced visit to the center. I observed all five classrooms, and the following ratios were noted: • The infant room had 7 infants with 2 child care staff members. • The pre toddler classroom, serving children between the ages of 18 months and 2 years, had 12 children with 3 child care staff members. '/2 • The toddler 1 classroom, serving children between the ages of 2 and 3 '/2 1/2 years, had 15 children with 2 child care staff members. • The toddler 2 classroom, serving children between the ages of 2 and 3 1/2 1/2 years, had 13 children with 2 child care staff members. • The preschool classroom, serving children betw

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8110 · R 400.8110 Applicant; licensee; licensee designee; requirements. ................ ............ (6) The licensee or licensee designee shall maintain accurate records detailing daily arrival and departure times for each child care staff member, child care aide, and volunteer. ................................. ...........................................................................................................................................................................................................

  Mr. Pilbeam indicated Ms. Paul and Ms. Flores worked each day during the week of March 21, 2022, however child care staff member attendance records do not show this. On March 22, 2022, neither Mr. nor Mrs. Pilbeam are listed on the staff records, but they both worked this day. Therefore, the licensee did not maintain accurate attendance records for child care staff members as required.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

Child Care Staff Members in the infant classroom are rough with the children when they wipe the children's noses, and when diapering, and disciplining. Child care staff member 1 pushes the infants down and does assist the infants when crying from illness or teething. Child care staff member 1 is verbally abusive to the children. Child Care Staff Members are not changing diapers frequently and leaving the childcare children in wet or soiled diapers.

Disposition: Substantiated

On July 25, 2022, the owner Tracy Pilbeam kicked Child A (20- month-old male) with her foot two times, and he stumbled over. Child A did not cry and did not have any bruises or marks. On July 31, 2022, Child A had six unexplained scratches on his lower back about an inch and a half long. At pick-up time on July 20, 2022, and August 1, 2022, Child A had a full diaper with smashed feces. Child A had two diaper rashes which have turned to yeast infections from extended diaper time during child care. The yeast infection was confirmed on August 4, 2022, by a physician. Child A was sleeping without a sheet on a bare mattress despite him having a sheet in his bag, and his parents were not alerted. On August 1, 2022, at drop off time, there were about eight infants/toddlers being cared for by one child care staff member.

Disposition: Substantiated

While outside on the center's back porch, there were between 17-20 young children with only two child care staff members.

Disposition: Substantiated

The child care staff members yell at the children and are not allowed to pick infants/toddlers up when they cry. Child care staff member was forced to leave their break and go to the infant classroom to maintain ratio while licensing was present; this occurred just last week. This child care staff member has been sent outside with five to six infants at one time. The facility is out of ratio in the mornings and the afternoons. Mark and Tracy Pilbeam tell the child care staff members to lie to Licensing and Regulatory Affairs.

Disposition: Substantiated

Classrooms are completely dark during rest time. The snacks provided are not adequate and there is no menu informing parents of what snacks are provided to the child care children. The childcare children are not being served milk at the center.

Disposition: Substantiated

The child care center does not have sufficient staff to maintain child care staff member to child ratio.

Disposition: Substantiated