• 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.

  I interviewed Ms. VanDaele, licensee designee. She stated that on 2/23/22, the child care room contained 16 children ages 3 years and older with three child care staff members (CCSMs). The CCSM to child ratio requirements for this age group would only require two CCSMs. The CCSMs included Ms. Jennings, Ms. Salenbein, and Ms. Morin. Ms. Jennings is also the program director. The children in the room were waking up from nap time. When the children wake up, they use the restroom and wash their hands. The restroom is located inside the room and consists of an open area with two restroom stalls with closing doors. Child A (age 4 years, male) and Child B (age 4 years, female) went into the restroom area. There were no CCSMs directly in the area. Ms. Jennings went back to the restroom to find one of the stall doors locked. She unlocked the door. Child A was wearing clothes and standing by the stall door. Child B did not have any clothes on and was standing near the opposite wall. Both children were laughing. Ms. Jennings spoke with both children. Child A told Child B to put her foot in the toilet, so she did. Child A told her to take off her clothes, so she did. Her hair was also wet, as Child B told her to wet her hair in the toilet. Both children seemed "fine" directly after the incident. The children did not disclose any other activities occurring between them to the CCSMs. Child A's Guardian and Child B's Mother were both contacted. Child B later told her mother that Child A touched her "here and here" referring to her private area and buttocks. Child B's Mother reported to Ms. VanDaele that Child B did not seem "traumatized", and the incident did not appear to have affected her negatively. Child Bs' Mother also reported that she would not have known anything had happened based on her child's demeanor after the incident if the center had not told her. According to Ms. VanDaele, Child A has sustained a "lot of traumas" in his personal life, he has more than one developmental or educational delay, and has a lot of educational and social services in place. Neither Child A nor Child B has engaged in this type of behavior in the past. As such, the CCSMs would not have reason to suspect something like this would happen. Ms. VanDaele stated that since this isolated incident, steps are now in place to assure that it does not happen again. The children will be directly supervised while in the restroom area, as well as the room will be installing a barrier to keep further keep the children from going to the restroom area without permission. In addition, Child A is also under constant direct 3 supervision. Ms. VanDaele believes that the CCSMs in the room provide the children with good care and supervision. I completed an on-site inspection on 3/1/22. There were 17 children ages 3 years and older with three CCSMs. The CCSM to child ratio requirements for this age group only requires two CCSMs. I observed the room. The room is an open floor plan allowing for easy supervision of the children. One end of the room contains a large opening that leads into the restroom area. The area contains children's lockers, a sink, and two toilet stalls with closing doors. I also observed the children engaged in freedom of choice learning. The children were directly supervised. I observed Child A interacting with several children in the room. All interactions were directly supervised. Child A acted appropriate with the other children. I interviewed Ms. Jennings, program director and CCSM. On 2/23/22, she was sitting at a desk in the middle of the room facing away from the restroom area. Ms. Morin was sitting at a half table close to the exit door. Ms. Salenbein was walking around the room picking up the children's cots, as the children began waking up from nap time at approximately 1:30p.m. Child A was napping near her desk. Child B was napping half way between her desk and the restroom area. Child A got up and asked to go to the bathroom. Child A was in the

On 2/23/22, Child A (age 4 years, male) and Child B (age 4 years, female) were found in the classroom bathroom. Child B did not have any clothes on. Child A told her to put her foot in the toilet, causing her clothes to get wet. Child B also put her hair in the toilet at the direction of Child A. Child A then told Child B to take off her clothes. The children were laughing and having fun. Child B did to disclose anything further to the child care staff members (CCSMs), but she later reported to her mother that Child A touched her "here and here" pointing to her private area and bottom. The center has taken protective measures to be sure that this does not happen again.

Disposition: Substantiated