R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Teachers do use phones but there have been no reported injuries, accidents, or incidents. Appropriate care and supervision is being provided.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8280(1) · R 400.8280(1) Discipline (1) Positive methods of discipline that encourage self-control, self- direction, self-esteem, and c ooperation must be used.

Teacher 1 was not using positive methods of discipline when she was grabbing and holding the back of Child A's shirt to prevent her from running away and holding children between her legs.

Open Not marked corrected in the state record

Category: ratio. 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. 4

I conducted an unannounced onsite inspection at the center on 09/22/2022. Child Care Staff Member (CCSM) Olivia Morales was waiting at the door with a child who was going to be picked up. I asked to speak with licensee designee, Dominique Charles. Ms. Morales and I walked into the center. There was a child sitting alone in the hallway. Ms. Morales redirected the child to go lay on her mat in the main room. When we got into the main room, there was another child laying on a mat. There were no CCSMs present in the room. Ms. Morales advised she was responsible for these three children. I asked that she stay in the room with 2 the children until the parent arrived. I advised Ms. Charles that children needed to be supervised at all times, even during nap. I interviewed Ms. Charles regarding the allegations. She was not present at the center on 09/16/2022 when Child A's injury occurred but was notified by CCSM, Thalia Lara. Ms. Lara entered the incident into the Brightwheel app. Child A had been climbing on part of the play equipment outside and jumping off. Child A was asked to stop because it was not safe. Child A jumped off and hurt his leg. There were two CCSMs supervising the children, Ms. Lara and Keoante Blackamore. They applied ice and then called to have Child A picked up. Child A's Uncle later messaged them in Brightwheel to say that Child A had a bone bruise. She didn't find out until the next week that Child A fractured his leg. Ms. Charles and I went to the outdoor play area. I observed the structure Child A had jumped off. It is a wooden structure with steering wheels attached looking out over a flat roof area that covers another play space underneath. The children are able to climb onto the flat part of the structure. Ms. Charles advised they do not allow children to climb on top and redirect them if they try. She stated that Child A does not always listen to instructions. Ms. Charles sent me a photo of the note in Brightwheel with a photo attached that reads "Child A was jumping off the play area. He was asked not to because it wasn't safe and when he jumped off, he hurt his leg. We have ice applied to it." Ms. Charles sent me the text message she received from Ms. Lara when Child A hurt himself. The text reads "I want you to be aware Child A was jumping off the play area. He was asked not to because it wasn't safe and when he jumped off, he hurt his leg. We applied ice. He wasn't able to walk on it so he could have hurt himself badly. His uncle said it could just be a bone sprain. But I think they might take him to the doctors." Ms. Charles provided child information cards and contact information for Ms. Lara and Mr. Blackamore. On 10/20/2022, I spoke with Child A's Guardian over the telephone. She advised that Child A was outside playing at the center on 09/16/2022. He was on equipment he should not have been on. He and another child jumped off the play equipment and Child A hurt his leg. The center called and said that they iced it and tried to get him up, but he was really resisting. They picked Child A up from the center and took him immediately to the emergency room. They were told it was a bone bruise and that Child A could walk on it. Child A refused to walk on it because it was so painful. On the following Monday, 09/19/2022, they found out it was fractured. They notified the center of the injury. 3 Child A's Guardian did not have any concerns about the way the situation was handled by the center. She felt the CCSMs handled things to the best of their ability. They applied ice and documented it in Brightwheel, then had Child A picked up. I spoke with Child B's Mother and Child C's Mother over the telephone on 10/21/2022. Neither parent had any concerns with appropriate care or supervision. Both parents had seen the outdoor play area and did not have any concerns about the safety of the equipment. I attempted telephone contact with Ms. Lara on 10/20/2022 and we spoke on 10/21/2022. She advised that she and Mr

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8158 · 1 R 400.8158 Incident, accident, injury, illness, death, fire reporting. (3) 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 licensee designee did not report to the department via phone, fax, or email, within 24 hours of notification that Child A received medical treatment for an injury that occurred while the child was in care.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · R 400.8158 j 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. M .. .................... ......................... ......................... ............. ................................................. in a format provided by the department, within 72 hours of the verbal report to the department. ................ ....

The licensee designee did not submit a written report to the department within 72 hours of a verbal report.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. ............................ ......................... (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On July 1, 2022, I spoke to Child A & B's Mother by telephone about the allegation. Child A & B's Mother stated that Child A (female, age 9) has been attending the child care center since 2019 and Child B (male, age 18 months) has been attending the facility since he was an infant but she has never had any concerns like she has recently with the center. Child A & B's Mother feels like the child care staff members are "overwhelmed" with the school-age children and Child Care Staff Member 1 will yell at the children and say things like, "You guys need to go sit down." Child A & B's Mother admitted she has not witnessed any child care staff members yell at Child A, but said Child Care Staff Member 2 told her that Child Care Staff Member 1 and Program Director and Licensee Designee, Dominique Charles, yell at Child A and said Conscious Discipline and other problem-solving methods are not used in the school-age classroom. Child A & B's Mother said nothing is being done about Child Care Staff Member 1 because Child Care Staff Member 1 and Ms. Charles are best friends. Child A & B's Mother feels like the yelling in the school-age program is because Child Care Staff Member 1 needs more education about working with school-age children. Child A & B's Mother said Child Care Staff Member 2 told her that she overheard Child Care Staff Member 1 tell Ms. Charles that either Child A needs to be removed from the center or Child Care Staff Member 1 was going to quit. Child A has come home and said that she was "bad" and "born to be bad" and when she was questioned about where she heard this, Child A said she thought it up on her own because no matter how good she is, she still gets in trouble at the child care center. Child A & B's Mother thinks Child A feels bad about herself because of the way discipline is handled in the center. Child A & B's Mother stated that in 2020 or 2021, there was another child care staff member who was yelling a lot at the children in care, but Child A & B's Mother said she did not realize how much that traumatized Child A, but the old program director 3 would help Child A problem-solve and reward Child A's good behavior instead of always focusing on the negative behaviors. On July 5, 2022, I made an onsite inspection and spoke to Ms. Charles and Child Care Staff Member 1, Child Care Staff Member 2, Child Care Staff Member 3, and Child Care Staff Member 4 about the allegation. Ms. Charles denied having any concerns about Child Care Staff Member 1 yelling at children in care. Ms. Charles said that Child A was close to being withdrawn from the center in November 2021 when a different program director was employed at the center. When Ms. Charles became the program director in January 2022, she decided to give Child A more chances to improve her behavior. Ms. Charles said that Child A will make up stories and Child A & B's Mother believes them. One time Ms. Charles told Child A to "knock it off' and Child A said she was going to tell her mother that Ms. Charles called her a "bitch." Ms. Charles texted Child A & B's Mother to warn her. Ms. Charles said it is not just Child Care Staff Member 1 who has had problems with Child A's behavior in the center. She said multiple child care staff members have had concerns about Child A's behavior and Ms. Charles has begun to set aside one hour per day to work with Child A, but she cannot do one-on-one care which is what Child A requires most of the time. Ms. Charles said child care staff members have to be stern and consistent with Child A or Child A will "walk all over them" and maybe their firmness is perceived as yelling by some people. She said that the school-age room often gets loud and sometimes child care staff members have to raise their voice over the noise to be heard. Ms. Charles stated that Child A & B's Mother would frequently come into the center and "scream" at Child A in front of everyone using an upset and angry tone. Ms. Charles denied yelling at Child A or any ot

Open Not marked corrected in the state record

Category: ratio. 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.

On July 1, 2022, I spoke to Child A & B's Mother by telephone about the allegation. Child A & B's Mother stated that Child Care Staff Member 2 told her about the pencil incident, and she would be a better person to speak to about the allegation. On July 5, 2022, I made an onsite inspection and spoke to Ms. Charles and Child Care Staff Member 1, Child Care Staff Member 2, Child Care Staff Member 3, and Child Care Staff Member 4 about the allegation. Ms. Charles stated that she was unfamiliar with an incident involving Child A tapping a pencil and said it never happened. She acknowledged there was a similar incident that occurred when there was a bucket of crayons on the table and Child A began using them to scribble on the table. Ms. Charles held out her hand and told Child A to give the crayons to her. Child A did not give them to her, so Ms. Charles asked Child A a second time to give the crayons to her. When Child A did not comply, then Ms. Charles took the crayons from her, but she denied "snatching it" out of her hand and said Child A let go of the crayons when she reached for them. I asked Ms. Charles if Child Care Staff Member 2 might have witnessed the incident and she said Child Care Staff Member 2 only works with the toddlers and has not worked with Child A or in the school-age classroom. Child Care Staff Member 1 denied having any knowledge about an incident involving a pencil and said she did not think she was there that day and did not hear anything about it. Child Care Staff Member 1 said Ms. Charles will relieve her for breaks so maybe it happened when she was not in the classroom. She denied that Child A or Child A & B's Mother ever mentioned it to her. Child Care Staff Member 2 stated that she did see the incident, but it did not involve a pencil but rather a toy that Child A was playing with. Child A had already gotten in trouble with Ms. Charles and Ms. Charles asked her to stop playing with the toy. Child A did not stop. Child Care Staff Member 2 said Ms. Charles did not "snatch" it out of Child A's hand, but she did tell Child A to give her the toy and took it out of her hand. Ms. Charles seemed a little frustrated at Child A when she took the toy away from Child A, but only because Child A was not listening to her. Child Care Staff Member 3 and Child Care Staff Member 4 both said they were not aware of the allegation and never heard anything about it. On July 6, 2022, I spoke to Child D's Mother and Child E's Mother by telephone. Neither of them had heard anything about the allegation and their children had never mentioned it to them.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8146 · 1 R 400.8146 Information provided to parents. (1) A center shall provide a written information packet to each parent enrolling a child that includes at least all of the following: (h) Parent notification plan for accidents, injuries, incidents, and illnesses. 12

On July 1, 2022, I spoke to Child A & B's Mother by telephone about the allegation. Child A & B's Mother said that she does not feel incident and accident reports are being consistently implemented in the center and she has heard that from child care staff members as well. For example, one day Child A said another child pushed her, and in response, Child A squeezed the other child's arm. Child A admitted to squeezing the child's arm and was disciplined for it, but the other child did not get in trouble for pushing Child A. When confronted about it, Ms. Charles said the child care staff member only saw Child A squeeze the other child's arm and they did not witness the other child push Child A. Child A did not have any visible marks or bruises as a result of the incident. On July 5, 2022, I made an onsite inspection and spoke to Ms. Charles and Child Care Staff Member 1, Child Care Staff Member 2, Child Care Staff Member 3, and Child Care Staff Member 4 about the allegation. Ms. Charles said the center does implement incident reports consistently and fairly, but they have been doing extra documentation for Child A because they have been trying to figure out what "triggers" Child A's behaviors because they cannot find any pattern to them, and rj Child A never shows any remorse for the injuries she causes to other children in care. Ms. Charles said they have documented more of Child A's behaviors than other children because you cannot just disenroll a child without documentation. Ms. Charles denied being aware of any physical injuries to Child A that were not documented on an incident report. She said Child A also has behavior issues during the school day and was recently kicked off the school bus, so her problems are not just occurring in the child care center. Child Care Staff Member 1 stated that when an incident report is completed, it is because a child sustained an injury or a child's behavior was very inappropriate. She feels like incident reports are implemented consistently and fairly in the center. Child Care Staff Member 1 said if another child injured Child A, an incident report would have been written up and a copy would have been sent home with Child A & B's Mother. Child A & B's Mother told her that she felt like the child care staff members were unfairly writing up incident reports on Child A, but Child Care Staff Member 1 said the incident reports were fair given Child A's behavior and it was always for things that needed to be documented. Child Care Staff Member 2 said that she feels there are a lot of incident reports on Child A, but she has never read all of them. She knows one day Child A was sent home and she had three or four incident reports that day. She feels some of the child care staff members do not have much patience with Child A because of her behavior. Child Care Staff Member 3 stated that she was aware there were a lot of incidents reports in Child A's file, but she was not in the classroom to know what happened. She did not feel like the incident reports were made because they did not like Child A or wanted to remove her from care. Child Care Staff Member 3 said Ms. Charles wanted it documented so they could share the concerns with Child A & B's Mother. Child Care Staff Member 4 said she felt incident reports are handled consistently and fairly in the center. She said Child A's behaviors were escalating and they wanted to document it so Child A & B's Parents would be aware of her repeated behaviors and could support the center in strategies to help Child A be successful. On July 5, 2022, I received a copy of the incident reports for Child A. There were seven incident reports from 2020. Four of those incident reports were for minor injuries Child A sustained while in care and three of the incident reports were for behavior concerns with Child A. There was only one incident report in 2021 where Child A got into an argument and scratched another child in care. In retaliation, the other child scratche

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 January 25, 2021 I made telephone contact with Child A's mother. She reported that months ago she was going through her daughters IPad and found videos of Staff Member, Jimmy Dobbs, giving shoulder rides to school- age girls between the ages of 9-12 years old. After seeing the videos, Child A's mother spoke with Program Director, Kathy Runkle, about her concerns. She reported Ms. Runkle did not see anything wrong with Mr. Dobbs actions, but she agreed to talk with him about it. On January 24, 2021 Child A's mother observed another video of Mr. Dobbs giving a shoulder ride to a school-age girl. Child A's mother also noticed considerable issues with supervision in the school-age room and her daughter often reports being hit and scratched by other children. When she asks the staff about children fighting or any injuries found on her daughter, they either report they did not see anything, or they provide an incident report after she brings it up. They claim they forgot to give it to her on the day it occurred. Child A's mother feels her issues have not been addressed at the facility and she is withdrawing her child from care. Following our conversation, Child A's mother sent me two videos of Mr. Dobbs carrying children on his shoulders. They are older, school-age children and he is carrying one on the gym floor and one through a carpeted and tile room. On January 28, 2021 I completed an unannounced onsite inspection at the facility and interviewed Ms. Runkle, Mr. Dobbs, Staff Member, Madison Helmuth, and Intern, Nate Judd. Ms. Runkle reported that a parent did come to them in the Fall of 2020 and expressed concern for Mr. Dobbs carrying school-age children on his shoulders. He was spoken to about the safety concerns and he agreed to stop. She was not aware that he continued to carry children on his shoulders. I asked if any other parents had voiced concerns regarding Mr. Dobbs. She stated that sometime in the late Summer or early Fall of 2020 another parent observed him giving her 4- year-old a piggyback ride and asked that he not carry her child anymore. Ms. Runkle reported that Mr. Dobbs has young children of his own and is only trying to have fun with them, but she does understand the safety concern. I asked Ms. Runkle about supervision concerns in the school-age room that lead to fighting or unexplained injuries. She reported that Child A and her friends would often get physical and push or scratch each other. She stated the staff would observe the behavior, separate them, and provide parents with an incident report. Ms. Runkle does not believe that supervision is an issue. Mr. Dobbs reported that he has been spoken with about carrying children before. I informed him that I had two videos of him carrying school-age children recently. He did not have a reply when I stated this. I asked him about children fighting in the room and having unexplained injuries. He did remember one parent complaining 3 about not getting an incident report but did not believe it was an ongoing problem. He has not heard any complaints about supervision. Ms. Helmuth stated that she sees Mr. Dobbs carry children on his shoulders daily when she works in the school-age room. She said they are usually ages 1st Kindergarten or grade, but sometimes she has seen him carry older children as well. She reported Ms. Runkle has talked with all the staff and told them not to pick up the older children. When asked about supervision she stated the school-age children do run around a lot more, but the staff are always watching and even supervise the bathroom. She has not heard any complaints about fighting or unexplained injuries. Mr. Judd reported that he works in the preschool and school-age rooms. He has 2nd 3rd seen Mr. Dobbs carry children ages Kindergarten through or grade on his shoulders. I asked how often he sees this happen and he stated every time I work in the school-age room. He has not heard any concerns regarding supervision and always makes sure to

Open Not marked corrected in the state record

Category: supervision. 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.

I conducted an unannounced onsite inspection at the facility on 10/22/2020. Child Care Staff Member (CCSM), Jimmy Dobbs, answered the door wearing a mask. Several other individuals came into the building while I was at the entrance and all were wearing masks. I asked Mr. Dobbs if Licensee Designee, 2 Virginia Billingsley, or Program Director, Kathryn Runkle, were present. He advised Ms. Billingsley was in quarantine and Ms. Runkle was out for a family emergency. I advised Mr. Dobbs of the allegations. He stated masks are required in common areas. CCSMs have been asked to wear their masks and most of them do. There are times that the CCSMs take them off briefly. Everyone is reminded to wear their masks. There are a few CCSMs that have asthma issues and sometimes need a break from wearing the mask. Mr. Dobbs advised that there is a cleaning schedule. He cleans during the day while he is there and cares for children occasionally. All CCSMs are responsible for cleaning which occurs throughout the day but mostly at quiet time and the end of the day. All the toys, shelves, and equipment get sanitized during quiet time by either a spray or dip method. Each CCSM cleans their own space. He cleans doorknobs, light switches, tablets, and other things that are commonly touched. Mr. Dobbs provided a copy of the cleaning schedule. He was knowledgeable about the use of the 3-step cleaning procedure. I observed him cleaning the bathroom while onsite. While onsite I interviewed CCSMs Shannon Brown and Laurie Hammond. Ms. Brown had her mask around her neck and was helping a group of students. She said that it is difficult for children to hear her sometimes but that she does mostly wear the mask. She does occasionally take a break from wearing it. I reminded Ms. Brown that masks are required for adults per the Michigan Department of Health and Human Services (MDHHS) directives. The center uses the 3-step cleaning method every day on toys, tables, doorknobs, and most other surfaces. She indicated that most cleaning occurs during quiet time and at the end of the day. At the end of the day they use a sanitization gun on everything as well. Ms. Brown stated that CCSMs mostly wear a mask and always do when in common areas. Ms. Hammond was cleaning toys with the 3-step process upon entering her classroom. She advised they are sanitizing toys throughout the day. They clean everything in the morning and again when the children lay down for nap. She advised that they clean all the toys, surfaces, doorknobs, and light switches. She indicated that they also clean the diapering area and multi-use tables the same way. They have a dirty bucket for toys that cannot immediately be sanitized. She stated that CCSMs are wearing masks most of the time but may take it off occasionally when they are not in the room with children. I made telephone contact with Ms. Billingsley on 10/22/2020. She was advised of the allegations. She stated that she is shocked because they have been following a strict cleaning protocol. They thoroughly clean at least twice per day per the cleaning schedule that was created. They clean using soapy water, water, and a sanitizer on tables, toys, and the diapering area. They also have a UV gun for sanitizing. 3 Ms. Billingsley indicated that to her knowledge CCSM have been wearing masks. She does have to remind them to pull it up sometimes. The center bought masks and face shields for the CCSMs and has tried to make it as easy as possible to comply. I encouraged Ms. Billingsley to follow the MDHHS directives which includes having CCSMs wear masks at all times and provide reminders if they are not. I asked her to have someone at the facility send copies of child information cards. On 10/23/2020 I received a text from Ms. Brown, with child information cards. On 12/01/2020, I made telephone contact with Child A and Child B's Mother and Child C and Child D's Mother. Child A and Child B's Mother advised that she is not sure what the current cleani

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.