R 400.8158(4) Incident, accident, injury, illness, death, fire reporting. 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.

The center was aware that Child A had a broken arm on 11/27/2024. The department received the written incident report on 12/03/2024.

R 400.8158(4) · Correction status not published

R 400.8155(1)(b) Child accidents and incidents; child and staff illness. A child experiences an accident, injury, or incident.

Child A's Mother was notified that Child A was unwell on 11/26/2024. However, Child A's Mother was not given a full account until an in person meeting was held on 12/02/2024 and a written incident report was provided to her on 12/03/2024.

R 400.8155(1)(b) · Correction status not published

R 400.8158(3) Incident, accident, injury, illness, death, fire reporting. A licensee, licensee designee, or program director shall report to the department, via phone, fax, or email, within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care.

The center was aware that Child A had a broken arm on 11/27/2024. The department was notified until 12/02/2024.

R 400.8158(3) · Correction status not published

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

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

On 02/02/2021, the program director, Tammy Abke, called to report that Child A had obtained a dislocated elbow after falling to the floor. On 02/02/2021, a written incident report was submitted to the department and reviewed. The incident report indicated that on 02/01/2021 at 9:30a.m., child care staff member, Ariauna Pilgrim, was holding Child A's hand as they were walking from the gym to the classroom. Child A "threw himself to the floor because he did not want to leave." Child A started crying and holding his left arm. Child A was taken into the classroom and child care staff members monitored how he was using his arm. Child care staff members also "prayed over him". After about 10 minutes of him not using his arm, Ms. T. Abke contacted Child A's Mother. On 02/02/2021, I conducted a telephone interview with Child A's Mother. Child A's Mother confirmed that Child A had a dislocated elbow or "nursemaid elbow". Child A's Mother was notified of the incident around 9:50a.m. on 02/01/2021. Child A's Mother was called by Ms. T. Abke about the injury and was told that Child A had thrown himself on the floor and hit himself very hard. However, when Child A's Mother received the written incident report, the report stated that a child care staff was holding Child A's hand when he fell to the floor. Child A's Mother questioned why she was given two stories on how Child A was injured. Child A's Mother was informed by the doctor that Child A's injury could have happened if his hand was held while he was falling to the floor. Child A's Mother stated that Child A will try and run away, but does not usually throw himself to the floor. Child A's Mother has been satisfied with the care Child A receives. She would have appreciated a call right away or some type of first aid when they noticed he was injured. The incident report indicated that no first aid was given and "we looked over his arm and prayed for him". Child A's Mother spoke with the licensee designee, Maurice Marshall, to let him know that Child A is predisposed to having a dislocated elbow in the future so care should be taken when handling him. Child A's Mother reiterated that she "trusts the day care a lot", but had some reservations about how the injury was communicated to her and the first aid given to Child A after the incident. Child A returned to care and Child A's Mother stated she did not want to cause any trouble for the center. On 02/03/2021, I conducted an onsite inspection and met with Ms. T. Abke. I informed Ms. T. Abke that the incident had been assigned for special investigation. I asked Ms. T. Abke to explain what happened when Child A was injured. Ms. T. Abke did not observe the incident, but on 02/01/2021 at around 9:30a.m., Carrie Abke and Ms. Pilgrim were leaving the gym with the toddlers. There are two children in the toddler class, Child A and Child B, who do not like leaving the gym when gym time is over. Ms. Pilgrim had Child A's hand and Ms. C. Abke had Child B's hand. When they got to the gym door, Child A threw himself to the ground. Ms. T. Abke said it was not uncommon for Child A to throw himself to the ground, but this 3 time Ms. Pilgrim was holding his hand and she was not expecting him to fall to the floor. Ms. C. Abke and Ms. Pilgrim went back to the classroom and Ms. T. Abke was called into the room "about five minutes later" by Ms. C. Abke because Child A was crying and not using his arm. Ms. T. Abke went into the room and observed Child A for about five or ten additional minutes. Child A was not using his arm and when she "slowly bent his elbow, he cried out". Ms. T. Abke stated she called Child A's Mother around 9:45-9:50a.m. Ms. T. Abke has not had any complaints about the care and supervision provided by either Ms. Pilgrim or Ms. C. Abke. She stated they are both "pretty laid back" and she does not have any concerns about their interaction with children. I explained to Ms. T. Abke that Child A's Mother questioned why she received two differe