KinderCare Learning Center #1189

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.

Teacher 1, Teacher 2, and Teacher 3 provided appropriate care and supervision of Child A.

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R 400.8213(1)(b) · R 400.8213(1)(b) Staff; volunteer (1) All staff and volunteers present at the center shall: (b) Act in a manner that is conducive to the welfare o f children.

Teacher 1, Teacher 2, and Teacher 3 acted in a manner that is conducive to the welfare of children.

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R 400.8263(1)(b) · R 400.8263(1)(b) Child accidents and incidents; child and staff illness (1) A center shall develop and implement a written plan for how and when a parent is notified if program staff or volunteers observe any of the following: (b) A child experiences an accident, injury, or i ncident.

Staff members followed the center's written plan regarding parent notification of accidents, injuries, or incidents. Child A's chapped lips did not meet the criteria outlined in the policy requiring parent notification.

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

On 11/13/2024, CCSM-1 did not provide appropriate care and supervision of Child A when she left her unattended on the playground.

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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 05/24/2023 the department received an incident report from Natasha Mazule (program director) stating that on 05/24/2023 at approximately 4:18pm, Child A was found on the outside preK playground alone. Child care staff member (CCSM)-2 and CCSM-4 were working in the toddler B classroom and were unaware that Child A was missing from the classroom. On 05/31/2023 I conducted an unannounced on-site inspection. I interviewed Natasha Mazula (program director), CCSM-1, CCSM-2, and CCSM-3. Interviews were conducted privately in the program director's office. Ms. Mazula stated that on 05/24/2023, she received a call from CCSM-1 informing her that Child A was found unattended on the preK playground at approximately 4:18pm. Ms. Mazula stated that on 05/24/2023 Child A was in the toddler B classroom with CCSM-2 and CCSM-4. The attendance records show that the classroom went outside at 3:07pm and came back inside at 3:54pm. All the children were checked back into the classroom on the name-to-face sheets, including Child A. At that time there were 2 CCSM's with 8 children. Ms. Mazula arrived at the center shortly after the incident and described Child A as acting normal and not appearing upset. Ms. Mazula called Child A's mother and father and informed them of the incident. Ms. Mazula placed both CCSM-2 and CCSM-4 on administrative leave that day. CCSM-2 was allowed to return to work, but CCSM-4's employment was terminated on 05/26/2023. Child A is enrolled and continues to attend the toddler program. Ms. Mazula stated that the center does not have cameras or any video records of the classrooms and playground area. CCSM-1 stated that she was providing breaks for CCSM's in the infant B classroom on 05/24/2023. While in the infant B classroom, she looked outside and saw Child A on the preK playground unattended. CCSM-1 opened the infant B classroom door, headed outside, and yelled for CCSM-3, who was on the preschool playground. CCSM-1 asked CCSM-3 to come over a get Child A from the preK playground. The two playgrounds are separated by fencing and gates. CCSM-3 walked over and brought Child A to CCSM-1 in the infant B classroom. CCSM-1 indicated that Child A did not appear upset when he was brought inside. CCSM-1 walked Child A back to the toddler B classroom. CCSM-1 stated that neither CCSM-2 nor CCSM-4 was aware that Child A was missing from the classroom. When CCSM-1 walked into the toddler B classroom, CCSM-4 was in the classroom with the children and CCSM-2 was in the bathrooms assisting children and changing diapers. CCSM-1 also noticed that the discovery preschool classroom directly across from the toddler B classroom, had the door leading to the outside propped open. The discovery preschool classroom was vacant that day. CCSM-1 assumed that Child A had somehow exited the toddler B classroom and walked through the discovery preschool classroom and out the propped door, which leads to the preK playground. 3 CCSM-2 stated that she was working in the toddler B classroom on 05/24/2023 with CCSM-4. CCSM-2 stated that after the class came back inside that afternoon they completed a name-to-face attendance check, and all 8 children were accounted for. CCSM-2 indicated that she went into the bathroom area to complete the diaper changes and that CCSM-4 stayed in the main area of the classroom to supervise the children that were not being changed or going to the bathroom. At one-point CCSM- 2 stated that Child A walked into the bathroom, but then turned around and walked back out. CCSM-2 said that the bathroom is connected to the discovery preschool classroom but indicated that she was blocking the entrance to that classroom, so she was certain that Child A could not have walked through the bathroom and entered the discovery preschool classroom. Approximately ten minutes after CCSM- 2 observed Child A walking back out of the bathroom, CCSM-1 entered the bathroom and informed her that Child A was found on the Prek playground unattended. CCSM-2

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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 03/15/2023 in the Toddler B classroom, staff used a prohibited means of punishment when CCSM-A smacked Child A on the front upper part of his legs three times.

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R 400.8182 · 1 R 400.8182 Ratio and group size requirement (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 license. Age Child Care Staff Maximum Group Member to Child Size Ratio Infants to 1 to 4 12 Toddlers, birth until 30 months of age. 4 ..... .. .........

On 03/15/2023, the Toddler B classroom was out of ratio from 11:50am-2:10pm with one staff member caring for seven toddlers. CCSM-C was caring for seven toddlers from 11:50am- 12:58pm. CCSM-A was caring for seven toddlers from 12:58pm- 2:10pm.

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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 04/02/2021, Ms. Yousif did not hit Child A or use any other prohibited means of punishment.

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