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: Table 4 Child Care Staff Member to Child Ratios Child Care Staff Maximum Age Member to Child Group Size Ratio Infants and toddlers, (a) birth until 30 months of 1 to 4 12 age Preschoolers, 30 (b) months of age until 3 1 to 8 16 years of age Preschoolers, 3 years of (c) 1 to 10 30 age until 4 years of age (d) Preschoolers, 4 years of 1 to 12 30 age until school-age (e) School-agers 1 to 18 36

I conducted an unannounced onsite inspection at the center on 01/17/2023. I advised the interim program director, Kayla Aten, of the allegations. Ms. Aten denied the center operates out of ratio. She said the center terminated employment of a child care staff member (CCSM) recently due to performance issues and she wondered if this was related. Ms. Aten advised she is scheduled in the morning with CCSM, Brenda Daugherty. Ms. Daugherty arrives at approximately 6:00 AM, and Ms. Aten is the next 2 scheduled individual. They do struggle sometimes because parents are not always consistent with their drop off times. She stated that the previous week, a parent tried to drop an infant off early. Receiving the infant for care would have put them out of ratio so she had the parent wait until another CCSM arrived. Ms. Aten said there are times she may be present in the center but not in the classroom if she is talking with a CCSM or parent. This could make it appear that they are operating out of ratio even if they are not. I requested the attendance records of children and CCSMs for January 2023. The center maintains attendance for children and CCSMs using the ProCare application. Ms. Aten did not know how to print the records from ProCare and advised she would send them through email when she was able to get help with the system. Ms. Aten's schedule was posted in the office. I requested an electronic copy of the schedule. I received an email from Ms. Aten on 01/17/2023 with the requested attendance records for children and CCSMs. Ms. Aten did not keep track of her arrival and departure times. Therefore, it is difficult to determine if ratio was maintained when Ms. Aten was working in a classroom. I interviewed lead caregiver, Kylie Munniksma, over the telephone on 02/24/2023. She advised prior to this investigation, the center used to be out of ratio, usually on Thursday mornings which was their busiest days. They could potentially have an additional one or two children causing the center to be out of ratio. Now they schedule more CCSMs in the mornings and it is no longer an issue. I interviewed former CCSM, Nichole Helederop, over the telephone on 02/24/2023 regarding the allegations. She said the center was operating out of ratio in the morning when she worked there. She was scheduled in at 7:00 AM and when she arrived, the CCSM working would already be out of ratio. This occurred approximately three or more times per week. She stated this occurred frequently due to the program director, Ms. Aten, being late for work. Ms. Helederop said that she has seen CCSM, Brenda Daugherty, alone with 15 children ages infant through school age due to Ms. Aten being late for work. Ms. Helederop advised that she and Ms. Daugherty asked for additional CCSMs and did everything they could to address the issue but were advised that it was too expensive to have additional CCSMs. She left employment at the center in the beginning of January 2023. On 02/24/2023, I spoke over the telephone to Child A and Child B's Mother, Child C's Mother, and Child D's Father. None of the parents had concerns regarding ratio or the number of CCSMs present. I attempted telephone contact with Child E's Mother on 02/24/2023. I could not leave a message. I have not spoken to her as of the writing of this report. I attempted telephone contact with CCSM, Brenda Daugherty, on 02/24/2023 and 02/27/2023. I have not spoken with her as of the writing of this report. 3 a - • • r 1 r 1 • • - -a • • '11 • • - r•-:

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

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. I

The program director was not maintaining records of her daily arrival and departure times.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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.

I received notification from Program Director Nichole Heldrop on 07/19/2022, that Child A had been injured while at the child care center on 07/14/2022 however she had not been notified that he was injured or received medical care until 7/19/2022. I requested the required incident report from Ms. Heldrop. On 07/25/2022 I received the report from Ms. Heldrop. On 07/25/2022, I contacted and interviewed Child A's Father who reported that on the evening of 07/14/2022, when he got home from work, he noticed that Child A's foot was swollen. When he and his wife asked Child A what happened, he would not say anything and by the next day, Friday 7/15/2022 Child A was noticeably limping. Over the weekend on 07/16/2022, while driving by the center, he and Child A's Mother noticed cars there so they stopped to ask if any staff could recall an injury that might have occurred. Child A's Father stated that two staff that he did not know, stated that Child A was in the school age room and crying and had acted like he may be injured, however they could not fully recall what happened or how it happened. He reported that the staff stated that the moveable wall had fallen while Child A was near it, but they were not aware that it had fallen on Child A's foot. Program Director Nichole Heldrop was present during the conversation and had clearly not been made aware that the wall had fallen near Child A or that Child A had been crying at some point in the day as if he was injured. It was Child A's Father's understanding that the walls were moved so the rooms could be cleaned, and they were stacked or leaning somewhere in the school age room. Over the weekend Child A's limp did not get better so they took him to the doctor and had an x ray completed on 7/18/2022 where it was revealed he had a fracture and was placed in a boot. Child A's Father stated that they had no concerns with supervision, however felt more concerned that at some point staff saw Child A crying, thought he might be injured and never reported this to Ms. Heldrop or to Child A's Mother at pick up that evening. On 08/01/022 at 9:00am, I completed an unannounced onsite inspection and interviewed Program Director Nichole Heldrop and Child Care Staff Member Riley Dykstra. Ms. Heldrop explained that she had no idea the wall had fallen, Child A had been crying or that any incident had taken place on 7/14/2022. After Child A's Mother and Father stopped into the center and brought it to her attention Ms. Heldrop interviewed Child Care Staff Member Riley Dykstra who was Child A's caregiver on 07/14/2022. She also interviewed Child Care Staff Member Sean Howard who had been cleaning in the school age room on 07/14/2022. Ms. Heldrop reported the school age room was closed and not being used by children as the center was doing deep clean and cleaning the carpets and equipment. Ms. Dykstra was in the preschool room adjacent to the school age room separated by moveable walls with nine children aged three and older. Some preschool children ran over to the school age side and somehow pulled down the moveable wall. Ms. Heldrop assumes that was when the wall fell onto Child A's foot. When this incident occurred, 3 both Ms. Dykstra and Mr. Howard reported that they did not see the wall fall or see the children on the school age side of the room. Ms. Heldrop reported that it is a regular issue that children run from the preschool side to the school age side of the room during the day, and they are working on a way to better separate the spaces. Ms. Heldrop also stated that additional wall anchors have been ordered to better support the wall system when furniture is moved away from them. While on site, I observed the preschool and school age rooms. The rooms are separated by half walls that are moveable. While in each room, you can see into the other room and maintain supervision if needed. On 08/01/2022, during the onsite, the walls were sturdy and supported. Child Care Staff Member Riley Dykstra report

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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 March 21, 2022, I completed unannounced onsite inspection and interviewed child care staff members Susan Bauman and Rahael Branham. Ms. Bauman reported that Program Director, Nichole Helderop, and child care staff member, Kristina Yerxa, were not present that afternoon. Ms. Bauman stated that she has worked with Ms. Yerxa and she has not seen her yelling at children or grabbing their arms. She reported that Ms. Yerxa usually works in the toddler room with Ms. Branham. Ms. Branham stated that she regularly works with Ms. Yerxa. She said Ms. Yerxa does raise her voice sometimes, but it is to get the children's attention. She has seen Ms. Yerxa pull children by the arms to separate them if there is an issue, but she has not had any concerns. On March 23, 2022, I made telephone contact with Ms. Helderop. She reported that she just started as Program Director on March 1, 2022. She has heard Ms. Yerxa use a "mom voice" with the children to get their attention but is has been appropriate. Ms. Helderop stated that she asked Ms. Yerxa about yanking children's arms, and she reported that she does guide them by the arm to help redirect them, but it is not aggressive. Ms. Helderop has not had any complaints from staff or parents regarding Ms. Yerxa. On March 28, 2022, I made telephone contact with child care staff members Kristina Yerxa and Tiara Henderson. Ms. Yerxa reported that she has only worked at the center since January. She does not recall yelling but admits to using a "mom voice." Ms. Yerxa denied yanking children by their arms but said she will pick them up if they're not following directions or are hurting their friends. She will guide them away from a situation by their arm if needed but does not yank the children's arms. Ms. Henderson has worked in the toddler room with Ms. Yerxa and she has not seen her yell at children or yank them by the arm. On April 25, 2022, I made telephone contact with Child A and B's mother and Child E's mother. Child A and B's mother reported that they no longer attend the child care, but left because they moved out of town. She does not remember who Ms. Yerxa is, but she did not have any concerns with staff yelling or yanking on children's arms. Child E's mother reported that her family has used this child care for six years and they have had no concerns. She has not heard or seen Ms. Yerxa yelling or yanking children's arms. On April 26, 2022, I made telephone contact with Child C and D's mother. She reported that her children have been attending the center for four years and she has not had any concerns. She stated that she does not know Ms. Yerxa. 3

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (c) Restricting a child's movement by binding or tying him or her.

Ms. Bauman reported that she did tie Child C to a chair during mealtimes for one or two days when he first transitioned into the toddler room. She stated that he was used to being in a highchair and did not want to stay in his seat to eat. Ms. Bauman told Child C's mother and she did not seem concerned. Ms. Bauman reported that she has not seen Ms. Henderson tie any children to a chair. Ms. Henderson reported that she did see Ms. Bauman tie Child C to a chair, but she has not seen her to do it with any other children. Ms. Henderson said she normally works in the infant room, but when working in the toddler room one day she did wrap a sheet around Child A to keep him from falling out of his chair. She had never done it before but had seen it done. Ms. Helderop reported that Ms. Bauman admitted to tying Child C to a chair during mealtimes and Ms. Henderson admitted to tying Child A to a chair during a mealtime. She stated that they have been written up for their actions. Ms. Branham reported that she observed Ms. Bauman tie Child C to a chair when she first started working at the center but has not seen her do it again. She has not seen Ms. Henderson tie any children to a chair. Ms. Yerxa reported that she has not seen Ms. Branham tie any children to a chair. She stated that she was working with Ms. Henderson when she tied Child A to the chair, but she would not call it tying. She just put a sheet around his stomach as a reminder to stay in his chair. Child C and D's mother reported that she was aware of Ms. Bauman tying Child C to the chair when he first transitioned into the toddler room. She was not concerned 4 with the action and considered it a creative solution. Child A and B's mother reported she was not notified about Ms. Henderson tying Child A to a chair. She was not happy to hear about it, but she has never had concerns with discipline before and is no longer at the center. Child E's mother reported she has never seen any children tied to chairs.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

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.

Appropriate care and supervision were not provided on 11/15/2021 when Child A was left outside, unsupervised in temperatures of approximately 38 degrees Fahrenheit. Child care staff members were not aware Child A was missing until he attempted to come back into the building.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.