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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 11/17/2022, I completed an unannounced on-site inspection and interviewed program director Alexandria InsoDodson who reported that the staff initially thought Child A had a scratch so that was reported to the parents. Ms. InsoDodson went in the room and saw the injury and it looked more like a bite mark. She asked the CCSMs what happened, and they told her that CCSM 1 was changing diapers and CCSM 2 was putting cots away. They saw another child on top of Child A. She provided coaching for them on supervision. Ms. InsoDodson later sent me the photo and message sent to parents via email. The photo showed a large red mark on Child A's cheek that looked like an abrasion. The message read in part, "[Child A] and another kids were playing when one of the kids was trying to get around him and he lost his footing and fell and scraped his right cheek." I interviewed CCSM 1 who is the lead caregiver in the classroom. She reported that she was diapering and CCSM 2 was supervising the children and was putting cots away. She said that Child A was laying on the floor and another child was by him when he started crying. Child A's cheek was red and so they thought he fell and hit it on the chair. They gave him ice and washed it off. She said that later on they could tell it was a bite mark. On 3/10/2023, I spoke with Child A's Mother on the phone. She reported that she was sent a photo of Child A and a message that he had fallen and hit his face. She said it was clearly a bite mark. She said that the owner saw it and said the same thing about it and was told that both CCSMs were claimed to be doing something else and did not see it happen.

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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: TABLE d Child Care Staff Member to Child Ratios Acre Child u:'are Staff Maximum Member to Child Ratio Gtrup Size ( Blfants acrd toddler:-. bulb fulfil $tJ Ito 4 12 a) months ofaae Preschoolers. 30 Months ofas e I to 8 16 b) until 3 tears of age ( Preachlktlers, iyear'. of age until 4 1 to 10 'Not applicable c rears of age Preschoolers. 4 years of age until 1 to 12 Not applicable d) school-age ( Scliool-agers 1 to 18 'Not applicable er

Ms. InsoDodson explained that CCSM 3 is no longer employed by the center because she was Child A's primary caregiver and was laying on the floor because she did not feel well when Child A left the classroom. She said that CCSM 3 mentioned that she had a headache but declined Ms. InsoDodson's offer to cover for her while she went to the store to get medication. CCSM 3 never said anything else to her about not feeling well nor did she ask to go home. Ms. InsoDodson reported that CCSM 4 found Child A standing outside about 5 feet away from the classroom. The classroom door exits to the parking lot. They have an alarm on the door but turn it off when they go outside as the alarm continues to sound until the door is closed. The alarm was turned off when Child A went outside. A new alarm has been placed on the door and they are no longer using that door to exit. I asked Ms. InsoDodson about the incident report being late, she explained that she had been off work and reported as soon as she became aware of it. She was not aware of the time requirements for the written report. I interviewed CCSM 4 who reported that she was outside on the playground, turned around and saw Child A walking in the parking lot away from the building, approximately 5 feet from the classroom door. She said she ran over, grabbed him and knocked on the toddler door. CCSM 1 opened the door and took Child A back inside the classroom. I interviewed CCSM 1 who reported that she was cleaning up toys with the children and CCSM 3 was not feeling well. The door alarm was off. She heard the door handle get hit and the lock pop. She got up and moved children away from the door. She turned the alarm on, relocked the door and resumed cleaning. Next thing she knew CCSM 4 was knocking on the door and had Child A with her. I viewed the classroom and provided consultation about the blind spot by the door and egress and door handle/fire safety requirements. On 3/10/2023, I spoke with former CCSM 3 about the incident. She said that she and CCSM 1 were both on the floor playing with the children when they heard the door open. She saw CCSM 1 get up and close the door. She didn't notice any children were missing. The door didn't lock properly, and the alarm was off. Parents were leaving through that door so that is why the alarm was off. CCSM 4 brought Child A to the classroom. She does not think it was very long that he was outside. She estimated it was less than 5 minutes. She reported that she couldn't see the door because of the position of the changing table in front of it. I spoke with Child A's Mother about the incident. She reported that she was contacted on Thursday and the incident happened on a Tuesday. Child A's Mother said that she was upset that she was not told about the incident right away as they 4 - • f • IR f f f • f - I f f• f f g. •' f f' ff i f • f • 1 - -< i 1 • • , ., f fI - f f: f- • ff: . - f I Li -v - f • • 1 1 ': !t W11 J 1 ■J 1'1 i z FTT 1NS 1•` M •• •' t - - f' •' fl f •• fl - i UL V.W JJ'L. • '• Li I !i'i t f f • •- - tl. • • f - • f f - • f - . - • # f •. t fl f - f -• - f. i < • 1 • 1 ' !' .. 1 :J : 1 B► .R: I ANALYSIS: The center did not submit an incident report to the department within 72 hours of the initial report as required. CONCLUSION: VIOLATION ESTABLISHED

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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 10/12/2022, I received a written complaint indicating that Child Care Staff Member 1 (CCSM 1) relieved another staff member for a break on 10/03/2022 when she left the eight children in the classroom alone on three separate occasions to either deliver laundry to other classrooms or to give orders to other staff members. The complaint states that CCSM 1 was removed from program director duties last year due to allegations against her in another investigation. On 10/13/2022, I completed an on-site inspection. I interviewed program director Alexandria InsoDodson. Ms. InsoDodson stated that she was not present on 10/03/2022. CCSM 3 notified her by text message that CCSM 1 was leaving children alone at rest time on 10/03/2022. She texted CCSM 3 back instructing her to tell CCSM 1 to not leave the classroom. On 10/14/2022, I received a telephone call from Child Care Staff Member 3 (CCSM 3). She stated that she was fired by Ms. InsoDodson this morning due to her negativity and unhappiness. However, the precursor to her termination was her inquiring about a raise she was promised once she completed her Child Development Credential (CDA). She was only given a very small percentage of what she was promised. Ms. InsoDodson told her that she would talk to licensee designee Antoinette Ward about her raise. CCSM 3 stated that her termination is clear retaliation for inquiring about the raise. CCSM 3 stated that CCSM 1 relieves all staff members for their breaks during rest time and leaves sleeping children alone all the time. She has directly witnessed this on multiple occasions. On 05/08/2023, I interviewed Child Care Staff Member 4 (CCSM 4) by telephone. CCSM 4 stated that she heard about CCSM 1 leaving sleeping children alone during rest time, but she has never witnessed it. On 05/08/2023, I interviewed Child Care Staff Member 5 (CCSM 5) by telephone. CCSM 5 stated that she heard about CCSM 1 leaving sleeping children alone during rest time, but she has never witnessed it. On 05/08/2023, I interviewed Child Care Staff Member 6 (CCSM 6) by telephone. She stated that she has no knowledge of CCSM 1 leaving children alone during rest time or otherwise. 3 On 05/08/2023, I interviewed Child Care Staff Member 7 (CCSM 7) by telephone. She stated that CCSM 1 came to the classroom she was in twice on 10/03/2023 during rest time. She explained that CCSM 1 was relieving another staff member for their break and should have been in that classroom with the children. She could not recall how long CCSM 1 was in the same classroom as she.

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R 400.8330 · 1 R 400.8330 Food services and nutrition generally. (10) Menus must be planned in advance, dated, and posted in a place visible to parents. Food substitutions must be noted on the menus the day the substitution occurs. 5

On 10/12/2022, I received a written complaint indicating that CCSM 1 failed to report to work on 09/27/2022 to prepare lunch for the center. Lunch was served to the children late and was different than the menu. No changes to the menu were ever reported. On 10/12/2022, I received a second written complaint indicating that CCSM 1 does not follow the menu for meals and snacks. Additionally, the children have not been receiving enough food for lunch or snack. On 10/11/2022, the children in the Wuzzle classroom only received two saltine crackers with apple slices. On 10/13/2022, I completed an on-site inspection. I interviewed program director Alexandria InsoDodson. Ms. InsoDodson stated that licensee designee Antoinette Ward instructed her to add CCSM 1 to the schedule to make lunch. However, CCSM 1 consistently arrives late which in turn makes lunch late for the children. Ms. InsoDodson stated that she has no knowledge of the children not receiving enough food for lunch or snack. Typically, staff will call for additional servings if needed. She stated that no one requested additional crackers. She agreed that two saltines per child was not a reasonable portion. On 10/14/2022, I received a telephone call from CCSM 3. She stated that CCSM 1 routinely deviates from the menu and the substitutions are not noted anywhere. For example, CCSM 1 combined leftovers from 10/12/2022 to serve for lunch on 10/13/2022, but that was not noted anywhere. Additionally, lunch was served 45 minutes late on 10/13/2022 because CCSM 1 reported to her shift late. On 05/08/2023, I interviewed CCSM 4 by telephone. She stated that CCSM 1 gave her large chunks of apples with the skin for the 1-year-olds in her classroom last fall. CCSM 1 gave her a sharp knife to cut up the apples when she noted that the apple slices were too large. She did not feel comfortable using a sharp knife around the young children, so she put on gloves and snapped the apples into smaller pieces. She watched the children closely while they ate the apple pieces. CCSM 1 barely provided one serving per child for lunch. The children often wanted more food during lunch but there were never any extra servings available. CCSM 3 stated that the food served for lunch was often different than the menu and the substitutions were never recorded on the menu. On 05/08/2023, I interviewed CCSM 5 by telephone. CCSM 5 stated that CCSM 1 was late most days, which resulted in lunch being served late. On one occasion, CCSM 1 told her that she was late because her alarm did not go off. Often times, random food was served on the days CCSM 1 was late because the food on the menu was still frozen. The food substitutions were not noted on the menu. Additionally, they used bread and crackers to fill the children because the food portions served for lunch were not sufficient. CCSM 5 stated that the center has a new staff member who cooks lunch and things are running much smoother now. On 05/08/2023, I interviewed CCSM 6 by telephone. CCSM 6 stated that the menu was not followed often and that the substitutions were not noted on the menu often either. She believes that at least one serving per child was provided, but often that was not sufficient for the individual needs of the children. She stated that the center has a new cook and that things have improved. On 05/08/2023, I interviewed CCSM 7 by telephone. CCSM 7 stated that the lunch menu was not always followed, and lunch was frequently thrown together. Food substitutions were not noted on the menu often. CCSM 1 frequently provided whole foods or food not cut into appropriate size pieces for the toddlers, such as whole grapes and large apple slices. CCSM 7 made sure to cut food into appropriate size pieces before serving the items to the toddlers. She does not believe that a full serving per child was always provided. She and other staff often fed the children crackers to make up for the lack of at lunch. She stated that the center has a new cook and things

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R 400.8335 · R 400.8335 Food services and nutrition; provided by center. (1) Food and beverages provided by a center must be of sufficient quantity and nutritional quality to provide for the dietary needs of each child according to the minimum meal requirements of the child and adult care food program (CACFP), as administered by the Michigan department of education, based on 7 CFR part 226, 1-1-18 edition, (2018) of the United States Department of Agriculture, Food and Nutrition Service, CACFP, and is hereby adopted by reference. A copy can be obtained at no cost from CACFP at http://www.fns.usda.gov/cacfp/meals-and-snacks. In addition, a copy is available for inspection and distribution at no cost at the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933.

On 10/12/2022, I received a written complaint indicating that a program director has not been present for at least six hours a day for weeks. The complaint states that program director Alexandria InsoDodson has been tending to an emergency family matter that occurred in September and is only at the center two to three times a week. On 10/13/2022, I completed an on-site inspection. I interviewed program director Alexandria InsoDodson. Ms. InsoDodson stated that she has had to take a couple days a week off from work over the past two to three weeks to tend to an emergency family matter, but CCSM 2 has been in charge during her absences. She stated that CCSM 2 is a qualified lead caregiver. On 05/08/2023, I interviewed CCSM 4 by telephone. CCSM 4 stated that CCSM 2 was in charge when Ms. InsoDodson was absent from the center. CCSM 2 did her best to get out of the classroom to be available, but she did not seem to do much that was productive. Additionally, her expectations of staff were way higher than her expectations of herself. On 05/08/2023, I interviewed CCSM 5 by telephone. CCSM 5 stated that CCSM 2 was in charge when Ms. InsoDodson was absent from the center. She stated that the center was decently staffed at the time, so CCSM 2 did not have to be in a classroom when she was in charge. She had no concerns regarding CCSM 2 being in charge when Ms. InsoDodson was absent. On 05/08/2023, I interviewed CCSM 6 by telephone. CCSM 6 stated that CCSM 2 was in charge when Ms. InsoDodson was absent from the center. She described CCSM 2 as dependable and reliable. She stated that CCSM 2 did a good job when she was in charge. On 05/08/2023, I interviewed CCSM 7 by telephone. CCSM 7 stated that CCSM 2 was in charge when Ms. InsoDodson was absent from the center, but CCSM 2 was mostly in her classroom when she was in charge.

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R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (2) A program director shall be present in the center in the following manner: (a) Full time for programs operating less than 6 continuous hours. (b) At least 50% of the time children are in care but not less than a total of 6 hours per day for programs operating 6 or more continuous hours. 7

On 10/12/2022, I received a written complaint indicating that CCSM 1 sprayed bleach water over the children's heads while they slept to sanitize toys one day in September 2022 and again on 10/11/2022 in the Wuzzle classroom. On 10/13/2022, I completed an on-site inspection. I interviewed program director Alexandria InsoDodson. Ms. InsoDodson stated that staff are trained to spray the toys at rest time. Although she has no knowledge of CCSM 1 spraying bleach water over the heads of the children, she is certain that CCSM 1 did not intend to spray the children. On 05/08/2023, I interviewed CCSM 4 by telephone. CCSM 4 stated that she observed CCSM 1 spraying bleach water over the head of sleeping children in her classroom. CCSM 1 told her that she was sanitizing the toys. She told CCSM 1 not to spray the bleach water over the children. She is unsure if any of the water droplets landed on the children. On 05/08/2023, I interviewed CCSM 5 by telephone. CCSM 5 stated that she heard that CCSM 1 sprayed bleach water over the heads of sleeping children, but she did not witness it. On 05/08/2023, I interviewed CCSM 6 by telephone. CCSM 6 stated that she has no knowledge of CCSM 1 spraying bleach water over the heads of sleeping children. On 05/08/2023, I interviewed CCSM 7 by telephone. CCSM 7 stated that she witnessed CCSM 1 spray bleach water over the heads of sleeping children to sanitize toys on a nearby shelf. She is unsure if any of the water droplets landed on the children. The sleeping children did not appear to be disturbed by the spraying.

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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.

Based on staff interviews, it cannot be determined if the bleach water was sprayed on the children.

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R 400.8113(2)(b) · R 400.8113(2)(b) Program director qualifications; responsibilities. (2) A program director shall be present in the center in the following manner: (b) At least 50% of the time children are in care but not less than a total of 6 hours per day for programs operating 6 or more continuous hours.

CCSM 1 stated she is aware that Ms. Tlachac arrives to work late. Usually, program director Alexandria Inso Dodson is present if Ms. Tlachac is not scheduled or on-site. She stated there are days when Ms. Inso Dodson has the day off and Ms. Tlachac does not arrive at her scheduled time. She stated she is not aware who is in charge when there are no program directors on-site. CCSM 2 stated that there are days where Ms. Tlachac is scheduled to work and does not show up at all. She could not name any specific dates. CCSM 3 stated Ms. Tlachac is "constantly" late and would work less than the required minimum of six hours a day. Ms. Tlachac is typically scheduled to be in a room. CCSM 3 stated Ms. Inso Dodson is late "sometimes", but that did not affect staff much because she was typically in the office. She said if there is no program director on-site, CCSM 5 is assigned to be in charge. CCSM 4 stated that Ms. Tlachac does not work the required minimum of six hours a day. She is often a "couple of hours" late to work. CCSM 4 stated Ms. Tlachac will leave early (between 2:30 and 3:00pm) on Thursdays to go golfing. She stated she has spoken with Ms. Inso Dodson about this concern. CCSM 5 stated that Ms. Tlachac arrives to work on time and is on-site the required 50% of the time. CCSM 6 stated that she doesn't know if Ms. Tlachac works the minimum six hours a day. When Ms. Tlachac is scheduled to be in a room, she is "typically" late. CCSM 6 stated she will arrive by to work by 10:30am or 11:00 am and may leave at 5:30pm. CCSM 6 stated she has not been told who is in charge when the program directors are gone. CCSM 7 stated that Ms. Tlachac will arrive late, typically around 10:00am or 11:00am each day. 5 CCSM 8 stated that Ms. Tlachac is typically on-time and is scheduled to arrive on different mornings between 8:30am or 10:00am. If she is late, it is 15-20 minutes late. CCSM 8 stated when Ms. Tlachac is scheduled to be in a room as a second staff member she is typically late. CCSM 9 stated that on the following dates Ms. Tlachac arrived late to work and there were no other program directors on-site: • On May 24, 2021, and June 3, 2021, she arrived at noon, the center closes at 5:30pm • On June 7, 2021, she arrived at 1:00pm • On June 21, 2021, she arrived at 12:30pm. CCSM 9 stated there were no other program directors on-site on these days. CCSM 9 stated that CCSM 5 will "take" charge if there is no program director on- site. But she has never been told who is in charge when both program directors are not on-site. CCSM 9 stated that Ms. Inso Dodson is "typically (at the center) on time." CCSM 10 stated that when Ms. Tlachac is scheduled to be the program director on- site, she would frequently arrive late, typically she would not arrive until the afternoon. CCSM 10 said it was a running joke with staff that "if Ms. Tlachac arrived before noon, it would be a miracle." CCSM 11 stated that Ms. Tlachac will arrive to work late, sometimes as late as 10:00am or 11:00am. She stated Ms. Tlachac is scheduled until close which is 5:30pm. On July 29, 2021, during my on-site inspection I spoke with program director, Ms. Tlachac. She stated that she arrives to work for her scheduled hours and does work a minimum of six hours a day. She added that if she is not there, Ms. Inso Dodson is there. She said she may be few minutes late. If neither program director is on-site, there is a staff member who is in charge. On July 29, 2021, during my on-site inspection I spoke with licensee Antoinette (Cis) Ward. She stated either Ms. Inso Dodson or Ms. Tlachac are scheduled to be on-site for the minimum six hours. If neither program director is on-site, there is an assigned CCSM who is in charge. She stated that Ms. Tlachac is a salaried employee and that she may keep track of her hours. I asked Ms. Ward to send me documentation of Ms. Tlachac's hours. On August 1, 2021, I received an email from Ms. Ward stating that "Ms. Tlachac has not been keeping track

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

CCSM 1 stated she has not observed Ms. Tlachac allow children to climb the playground equipment but, Child A (male age 7) and Child B (male age 5) have told her that Ms. Tlachac allows them to climb the equipment and jump off. CCSM 1 stated she is not aware of any children getting hurt or if parents are aware of the practice. CCSM 2 stated she has not witnessed Ms. Tlachac allowing school age children to climb on the playground structures but Child A and Child B have told her that Ms. Tlachac allows them to do this. CCSM 3 stated she has not witnessed children climbing the playground structures but children have tried to climb them when she was on the playground. CCSM 3 stated she tells the children to get down. The children respond, "Miss Mycha lets us." CCSM 3 stated she did not remember the names of the children who said this. CCSM 4 stated that CCSM 9 told her that she witnessed Ms. Tlachac allow school- age children to climb on top of the swings and allow them to jump down. CCSM 4 stated that she is aware that Ms. Inso Dodson has spoken with Ms. Tlachac about this concern. CCSM 5 stated she has not witnessed or heard that Ms. Tlachac allows school age children to climb on the playground structures. CCSM 6 stated that one day in June she witnessed that some of the school age children had climbed to the top of the swing sets and were sitting there. Ms. Tlachac was the only staff person supervising the children on the playground at the time. She said, she has not observed children jumping down from the top of the swing set. She knows that Child C (male, age 8) is one of the children she saw sitting on the top of the swing set. CCSM 6 stated she spoke with Ms. Inso Dodson about this incident. CCSM 7 stated she has heard from CCSM 1 that Ms. Tlachac allows the school age children climb on the playground structures and jump down but she has not witnessed this. CCSM 8 stated she has observed Ms. Tlachac allow the school age children climb the playground structure, stand on the railing of one of the landings, and jump off. She has not seen the children climb the swing set. CCSM 8 stated this occurs every time the children are on the playground. Note: the playground structure is an elevated structure with a slide and landings. One landing is covered by a peaked roof. CCSM 9 stated she has never seen children on top of the swings. There was one occasion when she was supervising the children on the playground and some of the children climbed the playground structure and were sitting on the roof. She said she told them to come down. On another occasion Child A and Child B stated to climb up the equipment. CCSM 9 said she told them to come down. Child A and Child B told her "Miss Mycha lets us." There was an instance while the children were playing with a ball. The ball landed outside the fence. CCSM 9 stated she told the children they would have to wait to get the ball. She stated that Child A and Child B said, "Ms. Mycha lets us go outside the fence." She did not recall dates of these instances. She is not aware if parents are aware that children are allowed to do this. CCSM 9 stated that she does not allow children to climb the structure or swings on the playground. If the children begin to climb, she tells them to get down. CCSM 10 stated she has not witnessed or heard that Ms. Tlachac allows school age children to climb on the playground structures. CCSM 11 stated she has not witnessed children climb onto the playground structure or the swing set. She said Ms. Tlachac has told her that she does not allow children to climb on the equipment. Ms. Tlachac said she does not allow the school age children to climb the structures. On August 9, 2021, I spoke with Child A and Child B's Mother on the telephone. She did not have any knowledge about Child A and Child B being allowed to climb on the playground structure or swings. She stated she would ask them about it and follow up with me. On August 10, 2021, I received a text from Child A a

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R 400.8140(3) · R 400.8140(3) 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. 14

CCSM 1 stated that in June 2021, she saw and heard Ms. Tlachac tell CCSM 3 to place her legs on top of Child E during rest time because Child E would not lay down for rest time. CCSM 1 stated CCSM 3 did not put her legs on top of Child E, instead she rubbed Child E's back to help her relax. CCSM 1 stated that she is aware of another incident occurring in April 2021 when she received a text to come help with Child G during rest time. CCSM 1 said she was in an adjacent room and heard Child G (male, age 30 months) crying. When she arrived in the room, she did not personally witness Ms. Tlachac holding Child G down. But was told by another staff member that Ms. Tlachac had held him down on the cot. CCSM 1 said she could not remember the name of the staff member that told her this. CCSM 1 stated this also happened to Child H (male, age 18 months) in January 2020. CCSM 1 said that CCSM 3 told her she was in the room at the time and witnessed Ms. Tlachac hold down Child G on the cot and that Ms. Tlachac wanted CCSM 3 do the same thing. CCSM 2 stated that she has observed Ms. Tlachac "make children lay down" during rest times. If a child sits up on their cot during rest time, she will "lay them back down" and will place her hand on their back and pat or rub. She has heard Ms. Tlachac say, "go to bed" or that children "need to lay down" during rest times. CCSM 2 stated that when children wake up before the end of rest time, they are given toys to play with on their cot or at tables. CCSM 2 said she has not witnessed Ms. Tlachac place her arms or legs on any children. She has heard CCSM 8 and another staff member mentioning that Ms. Tlachac does this. CCSM 2 stated she does not hold children down; if a child sits up during rest time. She will lay them down and rub their backs. CCSM 3 stated there was an incident in early April 2021, Child E had just started attending the child care center. CCSM 3 and Ms. Tlachac were in the room supervising the children. She said Ms. Tlachac was covering a break for another staff member. During rest time Child E would not lay down. CCSM 3 said she witnessed Ms. Tlachac hold Child E down on the cot so she couldn't get up. Ms. Tlachac was lying on the floor next to the cot and "held Child E down" by placing her arms over the child and holding on to the opposite side of the cot. Child E was "screaming" during this interaction. CCSM 3 stated she came near the cot to help. Ms. Tlachac was preparing to leave the room to cover another staff member's break. CCSM 3 stated that Ms. Tlachac took CCSM 3's arms and placed them over Child E. CCSM 3 said that she looked at Ms. Tlachac and took her arms away. She said she sat down next to Child E's cot and rubbed her back to help her relax. CCSM 3 stated she is aware that Ms. Tlachac would hold Child G and Child H on their cots during rest time. With these children she would "forcefully" lay them down. She said Ms. Tlachac would take everything off the cots, pick the children up under the arms, 11 and then lay them on their cot. She would cover them with the blanket and place her hand on them and say, "you need to stay on your cot." If the children sat up to tried to get up, she would say "lay down!" The children would get loud or begin to cry. CCSM 3 stated that CCSM 7 and CCSM 8 would also implement this method. CCSM 3 felt that the method was inappropriate. CCSM 3 stated that naptime was from 12:30 until 2:30 or 3:00pm. Sometimes children would wake up at 1:45 or 2:00pm. She would give children toys to play with on their cot/mat or at tables. CCSM 4 stated that CCSM 3 told her Ms. Tlachac "pinned" down Child E on the cot because she would not lay down. But CCSM 4 stated she did not witness this for herself. CCSM 5 stated she has not witnessed Ms. Tlachac hold down any children on cots during rest time. She has not seen any other staff do this. CCSM 5 stated she has not held children down on their cots. If children wake up before the end of rest time, they are given

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R 400.8182(3) · R 400.8182(3)(a & e) 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: Age Child Care Maximum Staff member Group Size to Child Ratio (a) Infants and toddlers, 1 to 4 12 birth until 30 months of age (e) School-agers 1 to 18 Not applicable

I spoke with CCSM 1. She stated that during the week of July 19, 2021, she was outside with her group of children and Ms. Tlachac was supervising another group of children. Both groups were on the playground. Ms. Tlachac went inside saying she would be "right back". CCSM 1 stated there were 20 children between the ages of 30 months and 8 years old outside. She was the only staff member outside with the children. CCSM 1 said after 10 minutes she texted on the center's group chat asking if anyone was coming outside because she was over- ratio. Ms. Tlachac returned to the playground after CCSM 1 had sent the text. CCSM 1 stated there have been other occasions where Ms. Tlachac is supervising a group of children and will bring that group of children into her room and leave. She stated this has happened two times within the last month to her. There was one occasion when Ms. Tlachac brought in a group of children causing there to be a total of 20 children in the room. CCSM 1 stated she and CCSM 6 were in the room with 20 children between the ages of 30 months and school age. CCSM 1 could not remember specific dates of these instances. CCSM 1 stated that in June 2021 she was supervising a group of eight to 10 school age children in the Wiz Kids room. Ms. Tlachac brought Child L (male, age 13 months) into the room and told her that Child L would be "hanging out with her for a while." CCSM 1 stated at first, she did not know why this was happening. After asking some questions she was informed that CCSM 7 was coming to do dishes so Ms. Tlachac could go on break. Child L was brought into the Wiz Kids room, so that the infant room would not be over the required staff to child ratio. CCSM 1 said she informed Ms. Tlachac that having Child L in the Wiz Kids room would put her over ratio. CCSM 1 said that Ms. Tlachac "blew that off' and went on break. Child L was in the room for approximately 15 minutes while CCSM 7 washed dishes. All the children were awake during this time. Note: The kitchen is located in the Wiz Kids room. 15 CCSM 2 stated that Ms. Tlachac will leave other staff out of the required staff to child ratio "a lot." CCSM 2 explained that during the week of July 12, 2021, she was in the New Discoveries room (4-5-year-old) with nine children. During nap time Ms. Tlachac brought the Wiz Kids group (school age) into her room and left. There were five or six children in that group, leaving her with 14 to 16 children on her own. CCSM 2 stated there was another incident a "couple of weeks ago" when Ms. Tlachac was scheduled to be on-site at 8:30am and she did not arrive until 9:20am. CCSM 2 explained she had four toddlers with her and CCSM 5 was "two or three over." CCSM 1 had the maximum number she could have. CCSM 2 said staff moved children around to ensure staff to child ratios for a while but more children arrived and some rooms were over-ratio by the time Ms. Tlachac arrived. CCSM 3 stated that Ms. Tlachac is "constantly" late, typically not showing up for work until 10:00am or 11:00am. This impacts staff to child ratios since many times Ms. Tlachac is scheduled to be in a room. When Ms. Tlachac is the second staff in the room, she will frequently leave staff alone with the children. When she leaves, she will be gone from a "few minutes to 30 minutes." CCSM 3 stated that groups are frequently out of ratio. There was an incident in the spring of 2021 when she was in the gym with four children ages 18 months old. While she was in the gym, Ms. Tlachac brought a 5-year-old child for her to supervise. CCSM 3 said that Ms. Tlachac told her the child was not behaving. This child stayed with her and the four children for approximately 20 minutes. A second CCSM joined her with three more children. At that point, she took the child back to Ms. Tlachac. CCSM 3 said she did not recall the name of the child. CCSM 3 stated there was an incident in early April 2021 during rest time she was alone with 10-12 children between the ages of 30 month

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R 400.8325(1) · R 400.8325(1) Sanitization. (1) All tableware, utensils, food contact surfaces, and food service equipment must be thoroughly washed, rinsed, and sanitized after each use. Multi-purpose tables must be thoroughly washed, rinsed, and sanitized before and after they are used for meals or snacks.

CCSM 4 has observed Ms. Tlachac bring in food items from home that are expired and asks the cook to prepare the food for meals. CCSM 4 stated the cook will discard of expired food items instead of serving them to the children. • • • •I -• 'f•• a ►-- ' i f s I• • • • - • • Li • -•' ff• f -- : • • • fl• • f - - • • • • ~: r • FI f u • <*, • A V :L. I: S 21 something needs to be cleaned, she will let the staff member know when they return from their break that they will need to clean it. CCSM 4 has observed Ms. Tlachac serve children meals without first washing, rinsing, or sanitizing the tables. CCSM 4 overheard a child in the Zoo Crew room say they found a "booger" on the table during a meal. She said this occurred during the week of July 19, 2021. CCSM 1, CCSM 3, CCSM 5, CCSM 6, CCSM 8, and CCSM 9 have no knowledge of this allegation. CCSM 7 stated Ms. Tlachac does not wash, rinse, or sanitize the tables before having children eat and she will only sanitize after the children eat. When CCSM 7 observes that the steps have not been completed she will quickly complete the steps. She said there have been occasions where children have eaten at tables that have not been washed, rinsed, or sanitized. CCSM 10 stated many staff don't always complete the 3-step process. CCSM 11 stated Ms. Tlachac "usually completes the required three step" process before and after meals. On July 29, 2021, I spoke with Ms. Tlachac. She stated she sometimes forgets to complete the required steps and has only sanitized tables after meals on occasion. None of the parents had any information to share concerning this allegation.

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R 400.8330(10) · R 400.8330(10) Food services and nutrition generally. (10) Menus must be planned in advance, dated, and posted in a place visible to parents. Food substitutions must be noted on the menus the day the substitution occurs.

CCSM 1 stated that when Ms. Tlachac is scheduled to prepare lunch, she will arrive at the center late. Lunch is then served late but no later than 12:10pm. CCSM 1 stated breakfast is served at 8:00am. She added there have 22 been times when the meals served are not what is stated on the posted menu. She said she is not aware if substitutions are noted on the menu. CCSM 3 stated that Ms. Tlachac is "constantly" late when she was scheduled to make lunch. If she is scheduled to be there at 10am she will arrive at 11:00am or 11:30am. CCSM 4 stated that Ms. Tlachac will arrive to work late. If she is scheduled to make lunch, lunch will be served late. CCSM 4 said that "every time" Ms. Tlachac is scheduled to make lunch; she is late and lunch is served late. CCSM 4 stated lunch is scheduled for 11:30am. When Ms. Tlachac makes lunch, it will not be served until 12:00pm. CCSM 4 stated that breakfast is typically served at 8 or 8:30am. There have been occasions when different foods/meals are served than what is on the menu. She said the food substitutions are documented in "Tadpoles", which is an electronic application allowing staff to communicate with families. CCSM 4 stated that the lunch served on July 29, 2021, was not what was posted on the menu. CCSM 4 stated she has spoken with Ms. Inso Dodson about this concern. CCSM 5 stated that lunch is late "once in a while." All food/meal substitutions are written on a white board near the entrance of the center and staff will record meals in the "Tadpoles" app that sends electronic daily sheets to the parents. CCSM 5 stated she is not aware if the substitutes are written on the posted menu. CCSM 6 stated that lunch will sometimes be served later than scheduled but no later than 11:45am. Ms. Tlachac does not inform staff if lunch will be served late. With the new cook in the kitchen there are no more issues with lunch being late unless the cook is gone for the day. She said if there are different foods served for meals, she will post the changes on the "Tadpoles" app that is sent to parents. She said she is aware that meal changes will be written on the white board by the entrance of the center. CCSM 7 stated that there are occasions when different meals are served than what is posted on the menu. She is not aware of food substitutions being recorded anywhere. She stated that on July 29, 2021, a different meal was served than what was posted on the menu. Egg and potato casserole, watermelon, crackers, and milk were served for lunch. The menus I received on August 3, 2021, state lunch for July 29, 2021, should have been chicken noodle soup, celery, carrots, potatoes, fresh fruit, and milk. CCSM 8 stated that when Ms. Tlachac is scheduled to make lunch she is typically late and lunch will be served late. CCSM 8 stated menus are not updated and she is not aware if parents are informed of the meal/food substitutions. She stated that the lunch served on July 29, 2021, was not what was posted on the menu. 23 CCSM 9 stated that meal/food substitutions are supposed to be written on a "white board" near the entrance of the center. They are not written on the posted menus. CCSM 9 stated she did not remember a specific time where the meal served was different than the meal on the menu. CCSM 10 stated that depending on the staff in the room, meal substitutions may or may not be added to the Tadpole's app. She stated some staff will include this information and some would not. CCSM 11 stated that Ms. Tlachac will show up late to work on the days she is scheduled to make lunch, causing lunch to be late. CCSM 11 stated that food/meal substitutions are recorded in the "Tadpoles" app sent to parents or written on the white board at the entrance of the center. On July 29, 2021, I spoke with Ms. Tlachac. She stated when she is scheduled to make lunch; it will "sometimes" be served late, but no later than 12:00pm. If a different food is served than what is posted on the menus, the substitutions are written o

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R 400.8125(1) · R 400.8125(1) Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times. 27

CCSM 1 stated that she witnessed Ms. Tlachac leave a group of sleeping children unattended. This occurred in June or July of 2021. There were 10 children between the ages of 3 and 4 years. All the children were asleep. CCSM 1 said she noticed that Ms. Tlachac left the room, so she stepped in to "cover." Ms. Tlachac did not ask CCSM 1 to do this or notice that she had stepped into the room. Ms. Tlachac was gone for a "couple of minutes." There have been occasions where Ms. Tlachac is outside when other groups are outside. CCSM 1 stated Ms. Tlachac will allow some of the school-age children play on the "patio" which is adjacent to the building and will remain on the playground with some of the children. The patio can be seen from the playground but it is a distance from the playground. CCSM 1 stated that when she sees this happen, she will take her group and go to the patio in order to supervise the school age children. CCSM 4 stated she witnessed Ms. Tlachac leave the New Discoveries room (3-and 4-year-olds) unattended during rest time. This occurred during the month of June or July 2021. She said some of the children were asleep and some were awake. The children were left unattended for 20 minutes. CCSM 4 stated she has spoken with Ms. Inso Dodson about this concern. CCSM 8 stated that during the week of July 12, 2021, during the morning session, she witnessed Ms. Tlachac leave the children in the New Discoveries room (3- and 4-year-olds) unattended "one or two times." The length of time Ms. Tlachac was gone was approximately five to seven minutes. She stated there were no other staff in the room at the time. CCSM 8 stated that on July 21, 2021, Ms. Tlachac was supervising the Wiz Kids room (school age) on the playground. CCSM 8 explained she saw Ms. Tlachac leave half of the children outside and came into the building with the other half of the children so they could use the restroom. She remembers that Child B and Child D were two of the children left outside. There were no other staff on the playground. 25 CCSM 9 stated she has not witnessed Ms. Tlachac leave children unattended during rest time. CCSM 9 stated that CCSM 4 told her that Ms. Tlachac leaves children unattended during rest time. CCSM 10 stated that she has observed Ms. Tlachac leave children unattended during rest time and at other times. She said she will leave the rooms frequently for time period of 2 to 15 minutes. CCSM 11 stated she has witnessed Ms. Tlachac sit in between the New Discoveries (ages 3-4 years) and Zoo Crew (ages 2.5-3 years) rooms during rest time and will send staff on their breaks. Ms. Tlachac will be the only staff person supervising both rooms. CCSM 11 said she is aware that Ms. Inso Dodson has told Ms. Tlachac that this is not allowed. CCSM 11 stated she has witnessed Ms. Tlachac walk out of the room she is supervising and leave the children unattended. When she leaves a room, she is getting something from the bathroom or kitchen or will go into another room to speak with staff. CCSM 11 stated there was an incident during the week of July 19, 2021, when Ms. Tlachac was outside with the school age group. It was near lunch time and Ms. Tlachac brought some of the children inside to start washing hands for lunch. CCSM 11 saw two or three children outside on the patio, unattended. CCSM 11 saw Ms. Tlachac come into the building and began to wipe the tables for lunch in the room. CCSM 11 stated she was in the building and heard children fighting on the playground. She said she went over to a see what was happening. She stated one of the children on the playground was Child M (male, age 7) but does not remember the names of the other two children. CCSM 2, CCSM 3, CCSM 5, CCSM 6, and CCSM 7 have not observed Ms. Tlachac leaving sleeping children unattended. On July 29, 2021, I spoke with Ms. Tlachac at the child care center. She stated she does not remember leaving a group of children unattended while sleeping. No one has spoken to her about th

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

CCSM 1 stated she has not witnessed Ms. Tlachac arrive to work smelling of alcohol. CCSM 2 stated she has no knowledge of this allegation. CCSM 3 stated that Ms. Tlachac "constantly" comes to work smelling of alcohol or hung over. CCSM 3 has smelled alcohol on Ms. Tlachac one or two times. CCSM 3 stated Ms. Tlachac will arrive to work with sunglasses on while in the building. CCSM 3 said she could tell when Ms. Tlachac has been drinking because she gets "very talkative" and "friendly." CCSM 3 stated that when Ms. Tlachac arrives to work in this condition it does impact the care and supervision she provides. She does not really help when she is scheduled in a room and she wanders in and out of rooms. CCSM 4 stated that CCSM 8 told her she has smelled alcohol on Ms. Tlachac or that Ms. Tlachac is "hung over" when she arrives to work. r: CCSM 5 stated she is not aware of Ms. Tlachac coming to work smelling of alcohol or hung over. CCSM 6 stated that she has not smelled alcohol on Ms. Tlachac but she has assumed that she is hung over because she will be wearing sunglasses in the building and looking for Tylenol. She said this typically occurs on Fridays, which is the day after Ms. Tlachac goes golfing. CCSM 6 stated Ms. Tlachac "seems" to be able to do her job when in this condition. CCSM 7 stated she has smelled alcohol on Ms. Tlachac one or two times within the last month. CCSM 7 stated that when Ms. Tlachac comes into work smelling of alcohol she is "not all the way there." Her eyes are glazed over and she "seems out of it." CCSM 7 stated this does impact the supervision she provides. CCSM 8 stated that she has smelled alcohol on Ms. Tlachac at least "twice a week." During the week of July 12, 2021, Ms. Tlachac has said to her, "I'm too hung over to work." CCSM 8 stated that when Ms. Tlachac comes to work like this she is "not capable of doing her job" and being in that state does impact the care and supervision she provides. CCSM 8 said Ms. Tlachac will make the children sit and will not interact with them. She has spoken to the owners Louis and Antoinette Ward but they have "brushed it off." CCSM 9 stated she has not smelled alcohol on Ms. Tlachac but she will arrive to work late and wear sunglasses while in the building. CCSM 9 stated that CCSM 8 has mentioned on these occasions that Ms. Tlachac is "hung over." CCSM 10 stated that Ms. Tlachac has arrived at work "tired, with bags under her eyes, and smelling of alcohol." She stated she didn't think Ms. Tlachac was intoxicated when she arrived at work. CCSM 10 stated that when Ms. Tlachac arrives to work this way, she would "just sit and do nothing." CCSM 11 stated that CCSM 8 told her that Ms. Tlachac arrives to work smelling of alcohol and wearing sunglasses. She has not witnessed this herself. Ms. Tlachac denies coming to work smelling of alcohol or hung over. No one has mentioned this to her. On August 9, 2021, I spoke with Child E and F's Mother on the telephone. She stated that Ms. Tlachac would sometimes be a "little off'. When she would converse with Ms. Tlachac, she would "nod" or look at her "completely blanked." On August 9, 2021, I spoke with Child D's Mother on the telephone. She stated she typically speaks with Ms. Inso Dodson. She said she has not smelled alcohol on Ms. Tlachac when she does interact with her. W On August 10, 2021, I spoke with Child G's Mother and Father on the telephone. They stated that they have not smelled alcohol on Ms. Tlachac but that they have noticed her "acting differently" the last six months to a year. Child G's Mother stated Ms. Tlachac acts "more silly" and "seems hung over." When she is conversing with Ms. Tlachac her words come out "slower" as if it's "harder to get the words out." Child G's Mother stated that she and Child G's Father have concerns that she is "on something." Child G's Father stated that her personality seems "off' and that Ms. Tlachac will be "spacey" when conversing with him. On August 12, 2021, I spoke with

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R 400.8330(5) · R 400.8330(5) Food services and nutrition generally. (5) A center shall provide adequate staff so that food service activities do not detract from direct care and supervision of children.

• Ms. Tlachac has asked staff that are supervising children to start lunch for her, if she is going to arrive late to work. • In June of 2021 CCSM 7 was "pulled" from the infant room to wash dishes. Child L was placed in the Wiz Kids room for CCSM 1 to supervise.

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R 400.8330(8)(d) · R 400.8330(8)(d) Food services and nutrition generally. A child shall be served meals and snacks in accordance with the following schedule: (d) Eleven hours or more of operation: a minimum of 2 meals and 2 snacks.

The menus document that breakfast, lunch, and a snack are served. The center operates eleven or more hours. This requires a minimum of 2 meals and 2 snacks.

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R 400.8113(3)(b) · R 400.8113(3)(b) 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.

The decisions and choices Ms. Tlachac is making as a program director show she is unable to administer day to day operations.

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........................................................ MCL 722.120(1)(c) Investigation, inspection,... failure of licensee to cooperate with investigation, inspection, or examination. (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

On August 3, 2021, licensee, Antoinette Ward and her husband, Lou Ward did not encourage staff to be accurate and truthful with the department by telling them if staff called licensing they would close and sell the center and staff would lose their jobs.

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