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 05/17/2023 the program director, Kelly Butler reached out to her assigned licensing consultant Stacia Thrower by phone to report an incident that occurred on this date. On 05/19/2023 Kelly Butler submitted an incident report to me outlining the incident that occurred on 05/17/2023 with Child A. The incident 2 report stated Child A was laying down for rest time when she pulled an e-cigarette out of her backpack, put it to her mouth, and appeared to inhale and exhale out of her mouth like she was taking a hit of the e-cigarette. Child Care Staff Member 2 (CCSM 2) asked Child A what she had in her hand and Child A tried to hide it from CCSM 2. CCSM 2 got the e-cigarette from her and asked Child A where she got it from. Child A stated it was her mom's. The e-cigarette was brought up to the front desk and an odor of the flavor could be smelled. Staff in the classroom were not actually sure if the child inhaled any of the e-cigarette. On 05/22/2023 I completed an unannounced onsite inspection at the facility and spoke to the program director, Kelly Butler and Child Care Staff Member 1 (CCSM 1). Kelly Butler stated following the incident she contacted Child A's Mother by phone and Child A's Mother acknowledged the e-cigarette was hers and Child A must have put it in her nap bag without her knowledge. Kelly Butler explained the routine in this preschool classroom is for staff to lay down the cots while the children are eating lunch. The children make their cots following lunch and then lay down for rest time. I walked through the classroom and observed the nap bags hanging on hooks within the room accessible to child care children. I also observed the placement of the nap cots in the classroom. Child A's nap cot was centrally located in classroom with no blind spots. On 05/22/2023 I spoke to CCSM 1 who works as a float at the center. CCSM 1 stated she was working in the preschool classroom on 05/17/2023. She was patting a child's back, helping them to fall asleep. She was sitting close to CCSM 2 who was also patting a child's back. CCSM 1 had a direct line of sight on Child A from where she was sitting. She stated Child A was laying down but playing with her nap bag. She acknowledged CCSM 2 first saw Child A with something in her hand and this drew her attention to Child A. She did not realize at first what Child A had and did not see her put it to her mouth. CCSM 1 heard Child A say she got it from her mom, and she was trying to be like her. CCSM 1 stated Child A was having a rough day and CCSM 2 was with her throughout the day. She acknowledged that Child A had been yelling and crying during nap so both CCSM's were actively engaged with her during nap time. On 06/26/2023 I spoke to CCSM 2 by phone. She identified that Child A was having a rough day on 05/17/2023. Child A made her nap cot after lunch and left her nap bag on the floor next to her cot. CCSM 2 stated Child A was very restless, but she was sitting next to another child patting their back but could still see Child A. She observed Child A put a blanket over her head and asked her what she was doing. When Child A didn't answer she walked over and removed the blanket. She stated she saw something in her hand but didn't know what it was at first. Child A put it up to her mouth, but she was unsure if Child A inhaled. She denied seeing Child A exhale any smoke. Then Child A tried to hide the e-cigarette but reluctantly gave it to CCSM 2. She asked Child A where she got the e-cigarette and Child A said she 3 got it from her nap bag, and then she asked who it belonged to, and Child A said her mom. On 06/26/2023 I spoke to Child A's Mother by phone. She confirmed the e-cigarette was hers and she was not aware Child A put it in her nap bag. She did not have any concerns for the center.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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 e-cigarette was in Child A's nap bag. The nap bags are hung in the classroom within reach of all the child care children.

Open Not marked corrected in the state record

Category: health medication. 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.

On 04/05/2023, I interviewed Child A's Mother by telephone. She reported that she witnessed CCSM 1 push Child A (14-month-old, male) down on 04/04/2023 while they waited to go into the gym. CCSM 1 yelled at Child A because he was playing with toys and books stored outside the gym. Child A's Mother told CCSM 1 not to push Child A. CCSM 1 did not respond to her. She and CCSM 1 took the children into the gym. CCSM 1 started throwing toys around the gym in an 2 aggressive manner. CCSM 14 arrived at the gym at 9:30am. She told CCSM 1 and CCSM 14 that Child A needed a clean diaper and a change of clothes because his diaper leaked, and his clothes were urine soaked. Child A was in the same clothes when she picked him up at 3:30pm. CCSM 1 and CCSM 14 just rolled their eyes at Child A one day when he indicated that he needed a diaper change. Neither one of them changed his diaper. A few months ago, Child A was just learning to eat solid foods when CCSM 14 brought him to her in the Toddler 3 classroom and said, "There is something wrong with this mother fucker. He is not chewing his food. He has been chewing for 20 minutes." She was shocked and did not know what to say. Approximately two weeks ago, Child A was wet and muddy when he was picked up between 4pm and 5pm; his pants and socks were wet, and his shoes were muddy. On 04/04/2023, Child A had dried snot and dried food all over his face when he was picked up at 4pm. On 04/04/2023, Child A was eating food off the floor. CCSM 14 attempted to stop Child A from eating off the floor, but CCSM 1 told CCSM 14 not to bother because she (Child A's Mother) will complain about it regardless. Child Care Staff Member 6 (CCSM 6) told her that CCSM 1 and CCSM 14 slam the children into chairs. On 04/10/2023, I completed an on-site inspection. I interviewed program director Kelly Butler, Child A's Mother, Child Care Staff Member 2 (CCSM 2), CCSM 3, Child Care Staff Member 4 (CCSM 4), Child Care Staff Member 5 (CCSM 5), CCSM 6, Child Care Staff Member 7 (CCSM 7), Child Care Staff Member 9 (CCSM 9), Child Care Staff Member 10 (CCSM 10), Child Care Staff Member 12 (CCSM 12), and CCSM 14. Kelly Butler stated that she has conducted "snot checks" to ensure the children's faces are clean. She had no idea that CCSM 1 discouraged CCSM 14 from stopping Child A from eating off the floor. She noted that Child A likes to eat off the floor. She reported that Child A's shoes kept falling off outside one day, so he may have had wet socks. She stated that Child B, Child C, and Child D like to get up and slam themselves back into the chairs. She had no knowledge of any staff member slamming children into chair. She talked to CCSM 1 about allegedly calling Child A a "mother fucker." CCSM 1 denied the allegation. She told CCSM 1 that talking about a child negatively or calling a child a cuss word is unacceptable. Kelly Butler stated that she has spoken with CCSM 1 and Child A's Mother about the allegation of CCSM 1 pushing Child A outside the gym on 04/04/2023. CCSM 1 told her that she tried to pick Child A up under his arms when the clipboard she had under one of her arms began to slip. She moved Child A out of the way to prevent him from getting hit in the face with the clipboard. She was going to pick him up because she had asked him to sit down, but he did not listen. She placed CCSM 1 on leave until the center completes an internal investigation. She noted that she had to remind CCSM 1 to use an appropriate tone with the children when she first started at the center. She has no other concerns with CCSM 1. Child A's Mother told her that CCSM 1 pushed Child A with two open hands. 3 CCSM 7 stated that she has no direct knowledge about CCSM 1 pushing Child A down, Child A remaining in a soiled diaper and urine soaked clothes, Child A being left in wet and muddy clothes, Child A having dried snot and food on his face, Child A being allowed to eat off the floor, CCSM 1 and CCSM 14 slamming children into chairs, or CCSM

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

On 04/05/2023, Child A's Mother stated that Child Care Staff Member 3 (CCSM 3) routinely states that she is going to throw the children out the window when she gets upset with a crying infant. On 04/10/2023, I completed an on-site inspection. I interviewed program director Kelly Butler, Child A's Mother, CCSM 2, CCSM 3, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 9, CCSM 10, CCSM 12, and CCSM 14. Kelly Butler stated that she has never heard CCSM 3 state that she wants to throw a child out of the window. She noted that English is not CCSM 3's first language. She stated that CCSM 3 probably makes the statement out of frustration but does not really mean it. Child A's Mother agreed to help CCSM 3 use more appropriate language to express herself. CCSM 7, CCSM 14, CCSM 5, CCSM 6, CCSM 9, CCSM 4 stated that they have no direct knowledge of CCSM 3 stating she wants to throw the children out the window. CCSM 5 stated that she has offered to give CCSM 3 a break when she becomes frustrated. She described CCSM 3's frustration as her saying, "Grrrr." CCSM 3 did take a break one of the times she offered to relieve her. CCSM 6 stated that CCSM 3 gets stressed out very easily, but she has no concerns with CCSM 3 caring for children. She does not believe that CCSM 3 would harm a child. CCSM 3 admitted to saying that she wishes she could throw the children out the window. She says it out of frustration when the infants are crying, but she does not mean it. She stated that she would never harm a child. CCSM 10 stated that she has heard about CCSM 3 stating that she would like to throw the children out the window. She described CCSM 3 as a "great teacher" and excellent with the children. She has no concerns regarding CCSM 3 caring for children. CCSM 12 stated that she has heard CCSM 3 state that she would like to throw the children out the window, but she has no concerns with CCSM 3 caring for children. CCSM 3 only say it when she's flustered and does not really mean it.

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 A's Mother stated that she witnessed CCSM 5 throw Child C on a cot. She told CCSM 5 that she needed move away from the child and calm down. CCSM 3 told her that CCSM 5 slapped a child's hand. CCSM 14 stated that CCSM 5 can get loud sometimes, using a louder tone than she would with children. She described CCSM 5's tone as louder than needed. She has reminded CCSM 5 to use an appropriate tone with the children. She has never witnessed CCSM 5 put a child on a cot inappropriately or slap a child's hand. CCSM 5 stated that she does not remember slapping a child's hand. She stated that she may have lightly "tapped" a child's hand once or twice. She has been working on using a lower tone with the children and using other words besides "no." She does not remember an incident at rest time that could have been misconstrued as being aggressive. She denied having any issues with Child C at rest time. She sits next to Child C first otherwise he gets up and gets into everything. One time he pulled the radio off the shelf. She has turned the shelf around to prevent him from getting things off it. She does not recall a staff member confronting her about the way she handled Child C or any other child. CCSM 3 stated that she witnessed CCSM 5 slap a female child's hand around lunch time approximately one month ago. She did not report it to management because most of the time nothing is done. She has not witnessed CCSM 5 aggressive put a child on a cot, but she did witness her move an infant in her classroom in an angry way approximately three weeks ago. She noted that CCSM 5 yells at the children a lot. CCSM 6 stated that she heard that CCSM 5 slapped a child's hand and was aggressive when laying Child C on his cot. She noted that CCSM 5 can be overbearing with the children. She reported that CCSM 5 yells at the children a lot, which stresses her and the children out. It concerns her that nothing is being done about CCSM 5 yelling at the children. CCSM 9 stated she had no knowledge of CCSM 5 slapping a child's hand or being aggressive when laying child C on his cot. She noted that CCSM 5 moves the children in a swift, unkind manner that could be misconstrued as aggressive. She stated that CCSM 5 needs to be gentler when she moves or handles the children. CCSM 10 stated she had no knowledge of CCSM 5 slapping a child's hand or being aggressive when laying Child C on his cot. She has witnessed CCSM 5 "kind of shove the children back to their cots when they get up during rest time. She described CCSM 5 as a good person who can be "a little over the top." CCSM 12 stated that she had no knowledge of CCSM 5 slapping a child's hand or being aggressive when laying Child C on his cot. She noted that CCSM 5 may not handle certain situations the best. For example, if a child pushes another child down, CCSM 5 will tap on the child's chest and ask the child if they like being pushed. CCSM 4 stated that he had no knowledge of CCSM 5 slapping a child's hand or being aggressive when laying Child C on his cot. He has witnessed CCSM 5 push children with her hand to redirect them.

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. rj

CCSM 5 used corporal punishment to discipline the children. CCSM 3 witnessed CCSM 5 slap a child's hand for discipline. CCSM 5 admitted to tapping a child's hand for discipline. Child A's Mother witnessed CCSM 5 throw Child C back on his cot. CCSM 10 witnessed CCSM 5 shove children back to their cots. CCSM 12 witnessed CCSM 5 tap children on their chest when disciplining them. CCSM 4 witnessed CCSM 5 push children with her hand to redirect them.

Open Not marked corrected in the state record

Open / not marked corrected.