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 s upervision of children at all times.

Appropriate care and supervision was not provided to Child A when she was left unattended on the playground for approximately one minute and 22 seconds.

Open Not marked corrected in the state record

Category: supervision. 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 10/27/2022. and I completed an unannounced on-site inspection at the center. We RnervReweRCSM 2 who reported that he has not seen CCSM 1 use physical discipline with Child A or any 2 other children in the center. Child A is in the younger preschool group and CCSM 1 works with the older preschool group in the adjacent classroom. The center does not have cameras in it. CCSM 7 lives with CCSM 1 and Child A and told CCSM 2 that she had concerns about how CCSM 1 was disciplining and mentioned spanking. CCSM 2 reported that CCSM 1 knows that she cannot spank Child A at the center. CCSM 2 had no first-hand knowledge of CCSM 1 spanking Child A. CCSM 2 has never seen any marks or injuries on Child A; Child A does not act scared of CCSM 1. CCSM 2 explained that Child A has challenging behavior, is aggressive towards children and CCSMs and has no diagnosis. and I interviewed CCSM 1 who reported that she never spanks Child "at e center, but she does give him a "pat on his butt" at home. She knows that she cannot spank him at the center. She described that Child A has extreme behavior. Child A is not enrolled in her classroom but almost every day he is in her classroom. He takes naps in her classroom because the CCSMs in his classroom have not been successful in putting him to sleep. While at the center, CCSM 1 uses restraints, sitting in time out, removal from situation, sit and refocus, lose items or ability to play in area, and take him out of the classroom to get water to drink or to go outside as methods of discipline. CCSM 1 denied throwing anything at Child A or using a towel to hit him, not even when playing around. She may tap Child A to get his attention but not as punishment. She does not think Child A is afraid of her because he runs to her from his CCSMs and does better in her classroom. She agreed that she raises her voice at Child A when not at the center but tries not to because it triggers his She has help while at the center and can step away if she needs a break. CCSM 1 explained she disciplines the other child care children with redirection, changing play areas, and asking how the child that was hurt can be helped by the child who hurt them. She does not use time out. She only raises her voice if it is loud in the room and needs the child(ren)'s attention. CCSM 1 said she did not know why someone would say she hit Child A at the center. She said that the specifics about the towel "blows me" and is not sure how someone could have thought or misinterpreted that it happened. She stated, "I know I didn't spank him here." CCSM 1 does not think that she threatened to spank Child A. She has taken him out of the classroom, the last time was a couple weeks ago. She took him out of the classroom because he had put his hands around another child's neck. and I interviewed center co-director Carla Fortuna who reported that "Se did not have any direct knowledge about the allegations as she was not at the center that da . She has reviewed the incident report that was submitted to licensing consultant, . She has not witnessed CCSM 1 being aggressive towards Child A. Ms. Fortuna recalled that one-time CCSM 1 asked someone to cover for her and left early with Child A because he was "acting out." Ms. Fortuna reported that another CCSM had talked to her about CCSM 1 might feel like she has to help Child A out and that her doing so may take away from the CCSMs who were working on the conflict with him. Ms. Fortuna explained that Child A has challenging behavior issues, they have interventions that work, they try to provide one on one staffing for him and give CCSMs breaks when they need it. Ms. 3 Fortuna said that Child A has not said anything about how his mom is treating him and she has not seen any marks or injuries on him. CCSM 1 has not had any disciplinary action as an employee. and I interviewed CCSM 3 who reported that she worked in the Rass~room with Child A. CCSM 3 talked about his behavior concerns and shared examples of them.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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.

CCSM 1 did not hit Child A or use any other forms of corporal punishment.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400 8158 Ufbl Incident, accident, iniurv. Illness, death. fire reoorti (2) A licensee, licensee designee, or program director shall child's report to the parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following: (b An incident involMina an alley ation of inappropriate contact. IF

Ad on- er, Child B, child care staff member (CCSM) 1, CCSM 4, CCSM 5, CCSM 6, and CCSM 8. conducted the interview with Child A . Child A was able to pass the forensic protocol. She asks who favorite cher was an responded, "CCSM 8." When she aske if t ere were an teacher i not like, put head down. When she re eated the question, shook head "yes.' he as ed if they were mean and responded, "yea. could not name a teacher that was mean. mentioned Chi d J as being "mean ecause Child J will knock down structures i d A builds. After more dialogue, asked Child A about CCSM 11 Child A stated that CCSM 11 asked Child A to show her how CCSM 11 Child A did not know why CCSM 11 said that they were '"mad" when they grabbed but did"no"now said "because of that (they are) not here anymore. did not knowwh wy .Tool that. asked Child A if felt safe coming to the center. Child A responded, U would not explain why. "No", the interview and walked Child A back room. to1 Child A's Mother stated that on July 28, 2022, at approximately 12:30 pm she walked into the Vita Mia room. There were cots out and children were getting ready for rest time. She opened the door and she heard CCSM 11 say ''first you want your cot here, and then your cot there, and then this and then that..." in a frustrated tone. CCSM 11 was standing over Child A who was near the couch at the side of the room. CCSM 11 had their back to the door. Child A's Mother saw CCSM 11. Child A . She said I that Child A "froze." CCSM 11 turned around. saw Child A's Mother; and said, "oh, hi." Child A's Mother said that another staff member was present but had their back to the where Child A and CCSM 11 were. Child As Mother walked over to Child A and knelt by• cot. She asked Child A how it was aoina. Child A stared at her and would not to . R When id this, she notices re saia, 'Let's go Tor a " and le out of the room. the hallway and noticed . sne took Unfo A to the orrice to see the program oirector, Starr organ. Child A's Mother said she showed Ms. Morgan Child A's- and asked her what she thought the . Ms. Morgan told her they looked like Child 's Mother told Ms. Morgan she was going for a walk. Whens e returned o the office, Child A was "ha and talking." Child A's Mother walked back to the Vita Mia room and lay on cot and told to stay. Child A's o er returned to the office and informe her o what she ha witnessed. She said that Ms. Morgan had taken and told I her it was and that it had already been fading by the time Child A left the office. Child A's Mother said that Child A had told her that CCSM 11 had, "done this before" and was Child A's Mother said that later in the day she spoke wtithh a~i d A about w aMhaiad a ppened earlier in the day with CCSM 11.~ told her had wanted something out of backpack and CCSM 11 was not lis erring when ey said that was "scared of CCSM 11 and they `always pushes me. Child Ars Mo er said tha Ms. Morgan spoke with both her and Child A's Father on July 28, 2022, and told them she would report the incident to child care licensing and another state agency. She is aware that CCSM 11 was terminated on July 28, 2020. Child A's Mother stated that since the incident she has repeatedly asked Ms. Morgan if the incident was reported and Ms. Morgan assured her that it had. Child A's Mother stated she wanted a written incident report for the incident, but Ms. Morgan said the incident report she had was for child care licensing and was confidential. CSSM 1 stated they heard about the incident with CCSM 11 and Child A from Child A's Mother. CCSM 1 did not witness the incident or see marks on Child A. They thought the incident had been reported to another state agency. CCSM I said that CCSM 11 would raise her voice on occasion. They have spoken to CCSM 11 about her tone and that it is not appropriate. They have redirected CCSM 11 and told them they should word her requests differently to children. CCSM 1 said they have never seen CCSM 11 grab a child. They are aware that CCSM

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

Licensee designee and program director Starr Morgan did not submit a written report to child care licensing concerning the incident of inappropriate contact within 72 hours.

Open Not marked corrected in the state record

Category: health medication. 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.

CCSM 11 is not conducive to the welfare of children. She Child A .......................................................................................................................................................................................................

Open Not marked corrected in the state record

Open / not marked corrected.

MCL 722115q 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) ... 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.

CCSM 11 is not eligible to be a staff member

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

MCL 722.119 Child care organization; presence of certain individuals prohibited; conditions; contact by certain individuals prohibited; conditions; documentation that individual not named in central registry; policy regarding supervision of volunteers; children's camps or campsites. (3) ... If an updated central registry clearance documents that a licensee, adult member of the household, licensee designee, chief administrator, staff member, or unsupervised volunteer is named as a perpetrator in a central registry case, he or she may not be present in the child care organization.

CCSM 11 cannot be present in the child care organization.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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: (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. Morgan and CCSM 10 did not have a signed statement on file at the time of my investigation. Ms. Morgan stated the forms were signed at the time of hire but were misplaced. • Staff interviewed did not have a clear understanding about calling another state agency immediately for suspected abuse and neolect.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (3) A licensee, licensee designee, or program director shall report to the department, via phone, fax, or email, within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care.

• Licensee designee and program director Starr Morgan did not report to child care licensing within 24 hours when Child A ■February 2022. • No one reported to child care licensing within 24 hours when Child N June 16, 2022. ..................................................................................................................................................

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

• Licensee designee and program director Starr Morgan did not submit a written report to child care licensing concerning Child A within 72 hours. • Licensee designee and program director Starr Morgan did not submit a written report to child care licensing concerning Child N within 72 hours.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R400.815 · ... ........... R400.815 8 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee designee, or program director shall report to the child's parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following: (d) The center is evacuated for any reason.

The licensee designee and program director, Ms. Morgan did not inform child care licensing withing 24 hours when the center was evacuated on August 5, 2022.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

The licensee designee and program director, Ms. Morgan did not submit a written report to child care licensing when the center was evacuated on August 5, 2022.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.