Kids Kourt

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.

Child A's arm was broken in care due to an accidental fall. Appropriate care and supervision were provided for Child A.

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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: (a) For infants and toddlers, there shall be 1 child care staff member for 4 children and a maximum group size of 12. (b) For preschoolers 30 months of age until 3 years of age, there shall be 1 child care staff member for 8 children and a maximum group size of 16. (c) For preschoolers 3 years of age, there shall be 1 child care staff member for 10 children. (d) For preschoolers 4 years of age until school-age, there shall be 1 child care staff member for 12 children.

On 08/11/2021 the Department received a complaint that the facility is "extremely understaffed" and operating out of ratio on a regular basis. The complaint stated that on 08/10/2021, Licensee/Program Director Maryanne Barringer "allowed an unknown 14 year old to look after the children for `having a body present' purposes." On 08/12/221 I completed an on-site inspection at the center. Upon entering the preschool classroom, I observed 2 adults and 24 children. Licensee/Program Director Maryanne Barringer was working as the lead caregiver in the classroom at the time and said the preschool classroom houses children 4 years of age and older. When asked how many children she had in the classroom she replied, "I'm not sure, I haven't had time to count." She asked all of the children to go sit on the rug so we could count them, and when she saw one little girl sitting down she said, "oh, you aren't supposed to be in here" and she took her by the hand and led her to another classroom. She said the child likes to come in the older classroom when they "aren't paying attention" from the toddler room. Ms. Barringer said she has been having trouble with staffing this week. She has four regular child care staff members plus herself, and this week one was in quarantine with COVID symptoms, one was out 2 sick, and one of her substitutes was in quarantine as well. I asked if this had caused some issues with ratio and she replied, "I was over for like an hour the other day, but it was just while I was calling someone in to cover. I can move kids around and usually cover everyone appropriately." "This has been a very stressful week with people out sick and kids coming and going." I asked Ms. Barringer to show me her attendance for the day, to determine when children had arrived and which classrooms they were in. She said she does not keep attendance that way. Every child is signed in at the front of the building on a computer when they arrive, and then they go to their classroom. She said they do not keep track of which classroom they will be in for the day and do not alter any attendance forms when children are moved from one classroom to another. "There's no way to show who was here when and what room they were in." I asked if she could print out a copy of the day's attendance, that would show what time each child was signed in that morning. She said she couldn't do it from the sign-in computer, but that she would send it to me later. I also asked her to send me a copy of staff attendance for the day, and child information cards and she said she would also send those. I interviewed CCSM2, who said the classrooms often do not maintain the required child care staff member to child ratio and that it's been going on for some time. I asked her if she knew the appropriate staff to child ratios for each room, and she recited them correctly. "This summer a staff member quit and so we've been over a lot." CCSM2 explained the morning of 08/12/2021, she came in and took six children from the preschool room over to the toddler room. One of those children was 2.5 years old, and so the appropriate ratio for that age group is 1 caregiver to 8 children. CCSM2 said, "They were over at that point", because the ratio for the room is determined by the youngest child present, and there were over 16 children for the two staff present. "Today is day three this week of being short staffed every day." I spoke to CCSM1 who stated that the center does have problems maintaining staff to child ratio. "We are over often." CCSM1 said that they have been over ratio in each of the classrooms throughout the center this summer. I asked specifically about the infant classroom, and CCSM1 said that on Monday August 9 and Tuesday August 10 the infant room had 5 infants with one child care staff member, but that CCSM3 had been "helping out" in the infant room both days. I asked who CCSM3 was and CCSM1 stated that it was a 14 year old that one of the child care staff members at the

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............................................................................................ ................................................ MCL 722.120 Investigation, inspection, and examination of conditions, books, records, and reports; ... (1) The department may investigate, inspect, and examine conditions of a child care organization and may investigate and examine the books and records of the licensee. The licensee shall cooperate with the department's investigation, inspection, and examination by doing all of the following: (c) Providing accurate and truthful information to the department, and encouraging witnesses, such as staff and household members, to provide accurate and truthful information to the department.

• CCSM3 confirmed that Ms. Barringer told her to tell the Department that she was 18 years old, even though she knew CCSM3 was 14. • Ms. Barringer knowingly provided untruthful and inaccurate information during her interview on 08/12/2021 when she stated twice that CCSM3 was 18 years of age. When informed that I knew that CCSM3 was 14 years old, Ms. Barringer confirmed that she had told CCSM3 to say she was 18 if asked. Ms. Barringer confirmed that she had known previously that CCSM3 was 14.

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MCL 722.120 Investigation, inspection, and examination of conditions, books, records, and reports; ... (1) The department may investigate, inspect, and examine conditions of a child care organization and may investigate and examine the books and records of the licensee. The licensee shall cooperate with the department's investigation, inspection, and examination by doing all of the following: (a) Admitting members of the department into the child care organization and furnishing all reasonable facilities for thorough examination of its books, records, and reports. A

Ms. Barringer failed to provide staff attendance records detailing their daily arrival and departure times for the week of 08/09/2021 when requested.

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R 400.8112 · R 400.8112 1 Comprehensive background check; fingerprinting. (1) Pursuant to section 5n of the act, MCL 722.115n, before an individual has unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following: (c) A child care staff member.

Maryanne Barringer was using CCSM3 as a child care staff member to help maintain the staff member to child ratio throughout the week of 08/09/2021; however, CCSM3 was not fingerprinted and deemed eligible by the department.

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R 400.8112 · R 400.8112 Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (a) Ensure that each individual who requires an eligibility determination under subrule (1) of this rule completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department. The forms are available on the department's website for the child care background check system, www.michigan.gov/ccbc. The form or forms must be signed and dated prior to the individual's appointment to be fingerprinted.

CCSM3 provided for the care and supervision of children. Ms. Barringer did not have the required forms filled out and on file at the center for her. ................................................... ..... ............................... ................

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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.

• Ms. Barringer did not provide appropriate care and supervision of the children in her care when she allowed a 14 year old minor child work as a child care staff member in the center. CCSM3 did not have any training or comprehensive background checks completed. This minor provided unsupervised care and supervision for infants through preschool age children. • During my inspection of the preschool room on 08/12/2021, there was a child in the classroom who was not supposed to be there. Ms. Barringer said "oh, you aren't supposed to be in here" and she took her by the hand and led her to another classroom. She said the child likes to come in the older classroom when the staff "aren't paying attention" from the toddler room.

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (5) A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information: (a) The individual is aware that abuse and neglect of children is against the law. (b) The individual has been informed of the center's policies on child abuse and neglect. (c) The individual knows that all staff and volunteers are required by law to immediately report suspected abuse and neglect to children's protective services.

Ms. Barringer did not have the required forms filled out and on file at the center for CCSM3, who worked as a child care staff member during the week of 08/09/2021.

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R 400.8131 · R 400.8131 Professional development requirements. (2) Child care staff members shall have training that includes information about prevention of sudden infant death syndrome and use of safe sleep practices before caring for infants and toddlers.

Ms. Barringer did not ensure that CCSM3 had been trained on the above requirement prior to caring for infants and toddlers.

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..............................q.......................................... Professional development re uirements. (4) Before unsupervised contact with children, all child care staff members who work directly with children shall complete rj prevention and control of infectious disease training, including immunizations.

Ms. Barringer did not ensure that CCSM3 had been trained on the above requirement prior to caring for children.

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R 400.8170 · R 400.8170 Outdoor play area. (13) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the Consumer Product Safety Commission (CPSC) Handbook for Public Playground Safety, which is available at no cost at www.cpsc.gov. ....

On 07/22/2021 I completed an unannounced on-site at the center. Licensee Maryanne Barringer was not present. I inspected the infant/toddler playground and found one large commercial climber, one metal climbing dome, two Little Tykes slides and other various toys. There was a stroller that is used by the program on the sidewalk, and the toys and larger equipment appeared to be in good repair. Child care staff member Michelle Thoma was outside with children at the time and said 2 she thought the playground and equipment are usually in good repair. "We throw things out if it's cracked or broken." She thought the larger climber was installed properly and had possibly been inspected. She didn't have concerns regarding the playground or the equipment, including the Little Tykes slides. On 08/12/2021 I completed a second unannounced on-site at the center. Program Director Maryanne Barringer was present. She said that the large playground equipment on the infant/toddler playground and the preschool playground came from Spring Lake Public Schools, who used it previously. "They were inspected and approved by child care licensing over at their schools, but they weren't inspected again when we put them here." She said none of the pieces are actually installed into the ground, they are just placed on the ground. "They aren't actually installed, so they haven't been inspected. I thought they didn't need to be inspected if they were not actually installed." "None of the equipment is installed into the ground." There are several domes on the playground as well, and Ms. Barringer said they have not been installed or inspected. Children have been using the equipment regularly. She said she thought she had sent copies of the original inspections that Spring Lake Public School's had done to child care licensing when they bought the equipment, but she couldn't find her own copies. "I know I should have that stuff in a pretty little folder but I don't know where it's at." I asked Ms. Barringer about the Little Tyke's slides on the infant/toddler playground. She said she had brought the slides from home but did not give a timeframe for when that occurred. She stated, "I thought you said I only had to get rid of them if they had an elevated play surface — they don't, the kids just climb up and slide down them." In a renewal inspection report dated 02/25/2020 which I completed, the center was cited for R400.8170(13); using residential equipment that had not been inspected by a certified playground inspector. This is the note under the citation, "Residential climbing equipment was being used in the Infant/Toddler play area which does not meet the guidelines defined by the CPSC Handbook for Public Playground Safety, and has not been inspected by a certified Playground Safety Inspector." In an email from that same day, I explained the following to Ms. Barringer, "In your infant/toddler playground space, you have residential play equipment which does not meet the standards for playground safety. You can have Little Tykes plastic houses, but not anything with a raised playing surface — i.e. the little plastic slides and things. Anything with a raised playing surface (where the child's feet leave the ground to play on it) must be inspected by a certified playground safety inspector, and those would not pass because they are residential equipment, not commercial. You will either need to have that playground inspected or you will need to stop using the plastic Little Tyke's residential climbers. 3

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R 400.8170(10) · R 400.8170(10) Outdoor play area. (10) An outdoor play area and any equipment located on the center's premises must be maintained in a safe condition and inspected daily before use to ensure that no hazards are present.

During my inspections of the outside play area on 07/22/2021 and 08/12/2021, the outdoor play area, toys and equipment appeared to be in good repair and safe condition. There were no hazards present.

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R 400.8380 · R 400.8380 Maintenance of premises (4) Floors, interior walls, and ceilings must be kept in sound condition, good repair, and maintained in a clean condition.

On 10/5/2020, I made an unannounced inspection at the facility. Upon my arrival to the facility I did not notice an odor as I entered the building. I was greeted by owner, Maryanne Barringer. I explained the compliant that I received. Mrs. Barringer reported that she fosters kittens and she brings them to the facility when the kittens need to be bottle fed or when they are sick. Mrs. Barringer explained when the kittens are sick, they are not contagious, they have diarrhea or need medication. She stated that the last time the kittens were at the facility was a few days ago. She has been bringing kittens to the facility periodically for a long time. When they are at the center, they are in the school aged classroom, that they are currently not using because the facility operating well below capacity. The kittens are kept in tents. She reported that the tents the kittens stay in are cleaned during nap time and after children leave for the day. Children do not hold or handle the kittens; however, she will bottle feed the kittens and allow the children to watch. Mrs. Barringer recalled that the odor could have been when she received an emergency call that her father in law was in a car accident and she had to leave the kittens for an extended amount of time. Ms. Barringer also stated that the air conditioning unit may have caused the smell because she recently had issues with the ac unit that needed to be fixed. Mrs. Barringer took me to the classroom that she keeps the kittens. I noticed a smell in that classroom. There were no kittens at the facility, however I observed dried cat urine on the floor. Ms. Barringer showed me the tents that she uses for the kittens. The tents were located outside near the dumpster. Mrs. Barringer reported that she has not cleaned the tents since the last time she had kittens at the facility. I observed dried cat urine and cat food inside the tents. During my onsite inspection, I interviewed child care staff member, Tracy Reynolds. Ms. Reynolds reported that Mrs. Barringer fosters kittens and brings them in when they are young. They are kept in the back classroom that is currently not being used. Children only go into that classroom to hang up their coats. She stated that she never paid attention to the kittens because she is not a cat person: the kittens stay in their tents, so she doesn't see them. Ms. Reynolds stated has never noticed an odor from the kittens and children do not hold the kittens.

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R 400.8380 · R 400.8380 Maintenance of premises. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health or safety.

The school aged classroom has excessive clutter that poses a fire safety hazard.

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