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. 15

Child care staff member Ms. Amber Morrow repeatedly bound Child A in a blanket, with the express purpose of restricting her movement.

Open Not marked corrected in the state record

Open / not marked corrected.

MCL 722.115q(1) Child care center, group child care home, or family child care home; contact with child by licensee, child care staff member, or household adult member prohibited; conditions. (1) Except as provided in section 5n(8), a licensee, child care staff member, or adult member of the household may not have contact with a child who is in the care of a child care center, group child care home, or family child care home, until the department obtains documentation from the department of health and human services that he or she has not been named in a central registry case as the perpetrator of child abuse or child neglect. Upon request by the department, the licensee, 1K] child care staff member, or adult member of the household shall provide the department with an updated authorization for a central registry clearance. If a central registry clearance documents that a licensee, child care staff member, or adult member of the household is named in a central registry case as a perpetrator of child abuse or child neglect, he or she is ineligible to receive a license to operate a child care center, group child care home, or family child care home, be an adult member of the household, or be a child care staff member.

On 02/11/2022, I received a complaint alleging that, on that same day, Child A's Mother was told by child care staff member Ms. Amber Morrow that Child A (female, years) was crying during the day. In an attempt to console Child A, staff wrapped her in a blanket and pinned her to the ground. Child A continued to scream and cry out for help for several minutes. On 02/14/2022, I completed an onsite inspection. I first met with licensee designee/program director Ms. Jenny Ajwah. Ms. Morrow was currently on her way in for a shift and Ms. Ajwah stated that she was going to She clarified that the professional behavior issue is because Ms. Morrow used "language that was inappropriate and disproportionate to the situation" due to Ms. Morrow telling a parent that their child "screamed bloody murder" through her naptime when that parent arrived to pick up their child. Ms. Ajwah reviewed the video and did not see any concerns regarding Ms. Morrow's behavior at naptime on the day in question. Throughout the conversation, Ms. Ajwah clarified that she was not terminating Ms. Morrow's employment due to the incident I was investigating, At this point in the conversation, Ms. Morrow arrived at the center and agreed to an interview with me. Ms. Morrow has been employed by the center since the of She is a child care staff member who is assigned to toddler and older classrooms. Last Thursday (02/11/2022) she was in the preschool room. Three children, including Child A, were "bouncing around" at naptime. Ms. Morrow normally 3 sits next a child when they are having a hard time falling asleep, so Ms. Morrow sat next to Child A. Child A was flailing her hands and hitting Ms. Morrow. Ms. Morrow told Child A that she would wrap her hands until she (Child A) could control them. Her parents had swaddled her for too long and being wrapped up was something she liked, although the center staff was trying to put an end to this practice. Child A was lying on her stomach with her hands at her sides. She was covered with a blanket and Ms. Morrow tucked the upper portion under her, leaving Child A's legs free. Child A was rolling around and Ms. Morrow was rubbing her back. I asked if she was holding Child A down and she stated no, but that they like to try to keep them in one position. At one point, Child A rolled off her mat and Ms. Morrow put her back on and rubbed her back until she fell asleep. This process took 15-20 minutes. During this time, Child A was screaming that she doesn't like Ms. Morrow or the other staff member present, Ms. Kennedy Bergman, and that she wanted her mom and dad. Ms. Morrow talked to her throughout this time stating that she cannot hit and talked about keeping her body safe, stating at one point, "We're not hurting you." Ms. Morrow stated that Child A's screaming was disturbing other children and was possibly heard in other rooms. Ms. Morrow denied that this is normal behavior for Child A but stated that she has been having behavioral struggles lately. During the incident in question, Child A was trying to get up to play so Ms. Morrow laid one leg over Child A's legs to keep them still and try to get them to relax. Ms. Morrow reported that they usually wait until the other children are asleep and then give any child not napping a quiet activity. Child A was not provided an opportunity to have a quiet activity because she was screaming and Ms. Morrow did not want her to hurt anyone else. I asked if she was holding Child A down and she stated she was holding her down with her hand "a little" but that it was gently. Ms. Morrow reported that another staff member was present in the room and that there were 11 or 12 children present that day. At pickup on the day of the incident, Child A's Mother asked how Child A's day went and Ms. Morrow said they had difficulty getting her to lay on her mat. Her mother suggested that they give her a quiet activity if she doesn't nap. Ms. Morrow told Child A's Mother that Child A was "screaming a little

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

MCL 722.115m Child care center, group child care home, or family child care home; requirements for licensure. (2) ... If the department determines that a service, facility, applicant, licensee, child care staff member, or member of the household is not conducive to the welfare of the children, the department shall deny that application or revoke that licensee's license according to section 11.

Ms. Morrow is not conducive to the welfare of children. Ms. Morrow repeatedly restrained and held down Child A at naptime.

Open Not marked corrected in the state record

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.

Child care staff members did not provide appropriate care and supervision of Child A during the naptime incidences on 02/10/2022 and 02/11/2022. Child A was forcefully held down on a cot and restrained by child care staff member Ms. Amber Morrow during rest time.

Open Not marked corrected in the state record

Category: supervision. 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.

Child care staff member Ms. Morrow did not use positive methods of discipline encouraging self-control, self-direction, self-esteem, and cooperation. Wrapping a child tightly in a blanket and holding their legs down are not positive methods of discipline, nor do they encourage self-control.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (3) Non-severe and developmentally appropriate discipline or restraint may be used when reasonably necessary, based on a child°s development, to prevent a child from harming himself or herself or to prevent a child from harming other persons or property, excluding those forms of punishment prohibited by subrule (2) of this rule.

Child care staff member Ms. Amber Morrow was not justified in using restraint with Child A because Child A was not hurting herself or harming other persons or property.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (4) A written policy must be developed and implemented regarding the age appropriate, non-severe discipline of children. The policy must be provided to staff and parents.

The center has a comprehensive discipline policy provided to parents and staff. However, child care staff member Ms. Amber Morrow did not implement the discipline policy when dealing with Child A at naptime on 02/10/2022 and 02/11/2022.

Open Not marked corrected in the state record

Open / not marked corrected.

R 4008113 Program director qualifications; responsibilities. (3) All program directors are responsible for the general management of the center, including the following minimum responsibilities: (b) Administering day-to-day operations, including being available to address parent, child, and staff issues. 17

Ms. Ajwah did not appropriately administer day-to-day operations with regards to addressing staff issues. She did not ensure that staff follow the center's policies.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8122 · R 400.8122 Lead caregiver; qualifications; responsibilities. (3) Lead caregivers shall be responsible for both of the following: (b) Overseeing child care staff members for a specific group of children and overall care and supervision of children.

Ms. Bergman did not adequately oversee the child care staff member or the overall care and supervision of children in her group. Ms. Bergman did not intervene when Ms. Morrow was not providing appropriate care and supervision of Child A.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8188 · 1 R 400.8188 Sleeping, resting, and supervision. (13) For children under school age who do not sleep at rest time, quiet activities must be provided such as reading books or putting puzzles together. I

Child A was not given an opportunity to engage in quiet activities instead of napping on 02/11/2022. .................. .....................................................................

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.