2 Day's Child Learning Center

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 07/09/2020, I interviewed licensing consultant, Selika Johnson. She received an incident report from the center the day after the incident. She interviewed Child A's mother over the phone. She was concerned about improper supervision of Child A who sustained a fractured elbow while playing outside. Child A was seen at Children's hospital and was scheduled to see an orthopedic surgeon due to her injuries. On 07/15/2020, I conducted an on-site inspection at the center. I interviewed Sandra Anderson who identified herself as the center's bookkeeper. She called the licensee designee, Antionette Florence, to let her know I was at the center. She was present at the center the day of incident and was aware of the internal investigation. She said the childcare staff that was supervising the children was Eboni Bognear. She has worked at the center for over 12 years. Following their internal investigation Ms. Bognear was not disciplined as they found no wrongdoing on her part. Mrs. Anderson said it was an unfortunate accident and they have kept close contact with Child A to support her recovery. She indicated that Child B did not mean to hurt Child A and did not realize him "tagging her" could cause her to lose her grip and fall backwards. The licensee designee Mrs. Florence arrived approximately 20 minutes later. She joined the interview with Mrs. Anderson. Mrs. Florence added that Ms. Bognear was outside on the playground with nine children ranging from the ages of four years old to nine years old. She added that there have been no prior concerns of improper supervision at the hands of Ms. Bognear. Child B does not have any behavior problems and is described as an age-appropriate male. On the same day I interviewed childcare staff member, Eboni Bognear, she said on 07/07/2020 she was centrally positioned at the playground area. The children were practicing social distancing and climbing on most play spaces one at a time. She indicated that the day prior Child B was hit with a water bottle allegedly thrown by child A. The day of the incident all of the children participated in "water day" as the first outdoor activity. After being dried off the children continued to enjoy the outdoors. Some of the children began to play tag while others played on the play spaces. Child A was sitting up in the playhouse while Child A was climbing up the ladder to where he was. She said Child B made Child A fall backwards onto her arm. Later she asked Child B why he did that, and he said he was "tagging her back" assumedly from the water bottle incident. She did not believe he intended to push her but was trying to "hit or tag her back." Ms. Bognear said Child A was holding her arm and crying and could not be consoled. First Aid was administered, and her parents were contacted. Child A was picked up by her father and was treated at the hospital once she was with her mother. She denied that Child B has any behavioral problems that would have merited heightened supervision. She denies any concerns 3 of her ability to properly supervise children and believes she is well trained and capable. Ms. Bognear has a signed child abuse and neglect statement on file at the center. While at the center I viewed the outdoor play area and retained pictures of the space. There were no visible hazards and the in-ground play equipment appeared to be in good condition. I measured that the bottoms of Child A's feet were at least 4 ft off the ground. The centers' outdoor play equipment sits on top of rubber playground flooring which is appropriate for the height of the playground equipment. On 07/29/2020, I interviewed Child A's mother over the phone. She was concerned as to why a nine-year-old boy will be playing with her four-year-old daughter. She was also concerned with the number of children being cared for at one time by only one caregiver. I shared with her that the center was compliance with ratio requirements with one caregiver for nine children, ranging from four

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R 400.8170 · R 400.8170 1 Outdoor play area. (11) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, upon request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department upon request and shall keep it on file at the center. 5

The center failed to obtain a playground equipment inspection and request approval from the department.

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