R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (h) Confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure. 14

FSM 3 punished Child A for behavior by confining in a corner using the bookshelves ocated in the classroom.

Open Not marked corrected in the state record

Open / not marked corrected.

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

On 12/09/2021,• stated she is concerned that (rlild A's was The staff mem er that did this was CCSM 1, and she lied about it. CCSM called told her that Child A and another child were tussling over a toy. She separated them b the waist, and she does not know what happened. Child A was favoring arm, so she gave an ice pack. She noted that Child A had fell to the group and was screaming a er being separated from ■ peer. She did not know why he was screaming or favoring• arm. This took place around 10/08/2021. CCSM 1 is the preschool lead teacher. noted that she was informed about two hours after the incident took place. When _ entered the building, Child A was brought to the front entrance to noted that in the past Child A has ha arm and sne said someone E pulled arm, but she did not know who. CCSM 1 was questioned as to how she does not know who pulled Child A's arm. reported when asking what happened CCSM 1 stated, "I swear to you. I didnot pull ■ arm." stated that at this time Daphne Windom was the Program Director and she informed Daphne Window that she wanted to check the cameras. They did not let Child A's Mother see the video footage. Mr. Scott Bloem is the Program Director of The Other Way Ministry. Little Lights is a branch of The Other Way Ministries. = 4 was informed that the video footage is confidential, and she would not be allowed to see it. Child A's Mother stated she had a zoom meeting with Mr. Bloem, Tara Gwamna, Director of Family Engagement, Daphne Windom and Jewel Davis, Education Director on approximately 10/12/2021. Ms. Gwamna and Ms. Davis work for The Other Way Ministries. Mr. Bloem noted that he saw the video of Child A's injury and CCSM 1 did pull Child A's arm. Mr. Bloem reported that he truly feels that CCSM 1 had forgot because she was shocked when she saw the video. CCSM 1 cried and felt sorry. Child A's Mother stated she did not feel that CCSM 1 forgot she pulled ■ arm. On 12/13/2021, I spoke with Scott Bloem and Alicia May. Little Lights is licensed through e Other Way Ministries. Scott is the program Director for The Other Way Ministries. Alicia May is the interim Director for a Little Lights. The video footage is dated or In the video you see a staff member standing up facing the children. She is standing in front of a small shelving unit. This was identified as FSM 2. You see another staff member who was identified as CCSM 1 sitting on the floor behind the shelving unit. In the video you can mostly see CCSM 1's head. Child A was running around and crawling around. ■ then was on the floor but is behind a child standing. could not be seen at this moment. FSM 2 walks away with her back to CCSM and Child A. At approximately 10:07AM you see CCSM 1 reach out to the side and grab a child by the wrist area. She yanks Child A towards her and grabs both shoulders with both her hands. She sets on ■ N buttocks in a forceful way an she gets in face. There is no audio, an you cannot tell if she is speakin to or elling at Child A is laying on the ground and you cannot see what is oing. is next to CSM 1. Around 10:09AM, Child A gets up and walks towar s the other c ildren who appear to be lining up to go out of the classroom. Child A is holding right arm and crying. Around 10:34AM, CCSM 1 comes into the classroom wit ice and Child A. She appears to put the ice into a bag and gives it to Child A and they walk out of the room. Video footage of the main entrance was also observed for 10/07/2021. Child A is brought out to the lobby b a staff member. It is unknown who the staff member is. She carries Child A to mother and sets ■ down. Child A's Mother begins to touch Child A's right arm an . is visibly crying and pulling away from her. She looks like she is attempting to examine the arm. She picks Child A up and carries ■ to a room off the entrance area. The way Child A's Mother is standing, you cannot see Child A. It is believed that Child A's Mother is attempting to reset Child A's arm. Child A and Child A's Moth

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.

On 12/09/2021, I spoke with She stated that she was informed by FSM "1t at SM 3 would call "special ed" and told FSM 1 that she was sick of Child A. FSM 1 also told that CCSM 1 would often say "you are stupid" and "I don't like you an "shut u to Child A. reported that recently Child A has been calling stupid and saying shut up a lot she was not understanding why this was happening. s"ta".s also told by FSM 1 that CCSM1 had shook Child A. his incident took place around the same time of the arm dislocation incident, explained that she does not know the exact timeframe. CCSM waMintth e room when this took place and witnessed it. FSM 1 did not witness this incident, but she heard about it from CCSM 3. It was reported that CCSM1 shook Child A and broke down crying. On I spoke to CCSM 1 about the 1a2lle/1g3at/i2o0n2s 1JPer Wyeing and screaming at e children and telling them to shut 11 up, specifically Child A. CCSM 1 denied that she has ever called children stupid or told them to shut up. We also spoke with CCSM 1 about the allegation that she shakes children, specifically that she shook Child A. CCSM 1 denied that there's ever been a time that she was crying or shaking Child A. She noted that there was a time that Child A was hitting her, and she used a sensory skill; she hugged Child A from behind and was trying to headbutt her. She noted that she did this because . was kicking of ers and she was trying to help calm She told Child A that needed to not hit her. CCSM 3 was in the room and to CSM 1 that she shout step out. CCSM 1 believes that she either went into the conference room or walked around for a little bit prior to going back to the classroom. She noted that Child A was sitting in her lap, and she was hugging from behind and at no point in time did she shake or harm in anyway. M 3 does not usually work in her classroom, but s a was sub ing because the assistant did not show up that day. On 12/13/2021, I spoke with program director, Alicia May. Ms. May was asked if she was aware of FSM 3 barricading Child A into a corner. She noted that she was informed by FSM 1. Ms. May observed the video footage of this incident the day it was reported to her. Child A climbed over a shelving unit by a window. It appeared that FSM 3 may have been asking 'to come back but there is no audio. Child A appeared that may have been laug ing at this time. FSM 3 was in front of the shelving unit an hild A was behind it. There was a small space for Child A to get from behind the shelving unit. Child A eventually walked from the back of the shelving unit. FSM 3 was seen to be talking to Child A and FSM 1 was holding. FSM 3's back was to Child A when• was behind the shelving unit. From what was seen b Ms. May, Child A was not blocked in the corner because there was space for to get out of the corner. This incident took place around 02/02/2021 or 02/03/20 . s. May noted that she talked to FSM 3 about the situation and FSM 3 stated that she was just standing there and waiting for Child A to calm down. Nothing further took place, as there were no concerns found. No write up was made due to that. On 01/05/2022, I spoke to CCSM 3 regarding the allegation that CCSM 1 shook i 3 reported that she worked with CCSM 1 only for two days. One day CCSM 1 was crying and unable to handle a situation. CCSM 3 explained she told her to step out. CCSM 1 was really overwhelmed with the situation regarding Child A. Child A was hitting another child. CCSM 1 grabbed Child A by arms/chest with both hands. CCSM 1 did not pick M up or move She just p aced her hands on Child A was hitting CCSM 1 in maybe" the c est with both hands as CCSM 1 was neeled. CCSM 1 turned Child A around. When asked to describe further how Child A was turned around, 0 CCSM 3 could not give more detail. CCSM 3 just repeated herself. Child A was throwing head back and hitting CCSM 1 with head in her chest. CCSM 1 said you don't it a staff member and was crying. CC 3 told CCSM 1 to step out. CCSM 1 let go

Open Not marked corrected in the state record

Category: recordkeeping. 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.

On or about 10/08/2021, CCSM 1 had appropriate contact with Child A that resulted in . The center's Program Director, Ms. Windom and The Other Way Ministries Executive Director, Mr. Bloem were both aware of the incident and did not report it within 24 hours of the occurrence to the department. Mr. Bloem stated that he doesn't know if the director reported the incident, but he assumed that she did. He also stated that he does not work at the center on a daily basis therefor he didn't report it. Mr. Bloem was informed that he is a mandated reporter, and he should report all inappropriate contact of a child as soon as he becomes aware of it. Mr. Bloem denied being aware of any other staff behaviors or incidents that he should have handled. He stated that everything that was ever brought to him he addressed and as far as he knows so did the program directors, again stating that he is not on site daily. Ms. May stated she checked all of their records and files to see if an incident report had been completed regarding the inappropriate contact between CCSM 1 and Child A. She was unable to locate any documentation or evidence that Child Care Licensing had been informed of the incident. On 02/02/2022, I spoke with former program director Ms. Windom regarding whether or not she reported the inappropriate contact she observed on footage of CSSM 1 with Child A. She stated that she intended to complete an incident report to send to Child Care Licensing but the next day she talked to Scott Bloem and during their meeting they agreed it was best that she resigns, which she did, on the spot. She explained she completely forgot about completing the incident report.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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

On 12/06/2021, 1 spoke with Scott Bleom regarding the allegations of diapering concerns with CCSM 1. He stated he had to talk to CCSM 1 on 10/21/2021, as a lead caregiver about a parent concern regarding her child not getting changed on a regular basis. As a result of those concerns, they assigned staff members to each child to ensure that children were being changed and they started using an app to document pull-up and diaper changes in real time. Mr. Bloem stated he only knows of one parent having an issue with her son's pull-up being too wet and they addressed that with CCSM 1 since she was the lead; however, the parent did not specifically name CCSM 1 as the person who was not changing the diaper. Mr. Bloem informed me that CCSM 1 was given a Performance Improvement/ formal write up because of this. On 12/09/2021, spoke to regarding the allegation that CCSM 1 wasZn"ocanging iaper. e noted that she had issues in the past with CC chap in ild B's diaper. She noted that there are times that and he would be wet to the touch and had urinated throu is CCSM 1 would state that she changed his diaper, but denied this to be true. There are also times that Child B would urinate throuah his clothes at naDtime. that it was addressed. She knows that CCSM 1 started using a daily connect app that would notify the parents when diapers were changed and checked. CCSM 1 completed the app a few times, but it was not consistently done daily. Child B's Mother no longer had current concerns of CCSM 1 not changing Child B 's diaper. Child B's Mother stated that FSM 1 told her that CCSM 1 never liked Child B because he was the youngest in the class. CCSM 1 did not like changing Child B's diaper and felt that he should be potty trained. CCSM 1 would let Child B sit in his diaper all day long. 16 On 12/13/2021, I spoke to CCSM 1 regarding the allegations that she was not changing Child B's diaper. She noted that she would change Child B's diapers about every two hours. She would change his diaper in the morning. She noted that when he would arrive, she could tell that he'd be in the same diaper that he had slept in the night before because it was completely full. So, in the first 30 minutes of Child B arriving, he would get a new diaper. They go outside around 10:00AM and he would get another diaper change. Lunch is from about 11:00AM or 11:30AM to 12:00PM. After lunch Child B would normally have his diaper checked again. He would then have another diaper check around 2:00PM when he woke up from nap. Children go home around 3:30PM. Sometimes his diaper would not be checked between 2:00PM and 3:30PM. She denied there ever being a time that she intentionally left Child B sitting in a soiled diaper all day. She noted there was a complaint filed by one time saying that he was wet through his diaper CCSM 1 noted that she received a write up for that. No one else ever complained about having to change children's diapers. On 01/05/2022, I spoke to CCSM 3 regarding the allegation that CCSM I would make Child B and other children sit in soiled diapers all day. CCSM 3 stated that the days she was in the classroom, CCSM 1 would tell her when to take a child to the bathroom. There is a schedule they followed. She does not remember if Child B was at the center the two days she was in there. Child B has diapers but will go to the bathroom. She has no knowledge of a child just sitting in their diaper and not being changed. On 02/02/2022, I spoke with former program director Ms. Windom regarding allegation that CCSM 1 would leave Child B and other children in soiled diapers or pull-ups all day. She stated she does not recall their being any issues with diapering or potty training.

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) Except as provided in subsection (5), a licensee, adult member of the household, licensee designee, chief administrator, staff member, or unsupervised volunteer may not have contact with a child who is in the care of a child care organization, until the licensee, adult member of the household, licensee designee, chief administrator, staff member, or volunteer provides the child care organization with documentation from the department that he or she has not been named in a central registry case as the perpetrator of child abuse or child neglect. Upon request by the department, the licensee, adult member of the household, licensee designee, 10 chief administrator, staff member, or unsupervised volunteer shall provide the department with an updated authorization for central registry clearance. 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. As used in this subsection and subsection (5), "child abuse" and "child neglect" mean those terms as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

CCSM 1 cannot be present in the child care organization.

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. 13

On 12/02/2021, the department received allegations about how the center was handling notification of a communicable disease. The complainant stated that there have been multiple communicable disease exposures and positive cases and staff would find out a few days later and would be told that they cannot notify parents. Only a letter for one room would be sent out not to all the other rooms that were exposed. Multiple times staff members would voice their concerns and were told that's the rules. On 12/06/2022, I spoke with Mr. Bloem regarding the allegations that communicable diseases are not being reported to parents. Mr. Bloem stated that they follow all policy and procedures. They contact the health department for contact tracing. They stay up to date with all the CDC and health department guidance. He knows that a former staff was not happy with one of the communicable disease notification incidences because she felt she had contact with someone with the communicable disease; however, after reviewing the video footage, it was discovered that she was not in close contact. She was upset because she wanted to be off in quarantine. Mr. Bloem reiterated that they always report any cases to the health department and parents and always follow the health department guidance. On 02/02/2022, I spoke with former program director Ms. Windom. She denies that they were not following communicable disease protocol. She stated that parents were upset with them because they had to close a couple of times due to communicable disease within the center and possible exposure. They always let parents and staff know when there were positive cases. She stated that they would notify all staff and that they only notified parents of which ever room was exposed. They would notify them by phone and with a letter informing them of how long their child would need to quarantine. 19

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8140 · R 400.8140 j Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

On 12/16/2021, Child Care Licensing Consultant Stacia Thrower stated she received an email from Interim Program Director, Alicia May that two child care staff members had concerns with how CCSM 4 was handling children. Ms. May reported reviewing the video footage and noted that there were no injuries to children, but she felt that CCSM 4 may have handled the children a little rougher than necessary. Ms. Thrower instructed Ms. May to have the two child care staff members document their concerns. On 12/16/2021, I received the email with staff concerns from Ms. Thrower. On 12/17/2021, I spoke with Child D's Mother regarding the how CCSM 4 handled Child D (Male, age'). Child D's Mother stated that she spoke with the program director, Alicia May the previous day. She stated she was told that CCSM 4 handled her son a little rougher than what they would've liked. She said they showed her the video and it looked like it was her instinct to grab him before he fell. She said her son did not appear hurt, afraid, or bothered and once his feet hit the ground, he took off running to continue playing. She stated she had no concerns regarding how the staff member handled her son. She stated that she just feels that the center is just airing on the side of caution because of everything that is going on. On 02/01/2022, I spoke with CCSM 3 regarding her concerns with how CCSM 4 was handling the children in her classroom. CCSM 3 stated that she was on her way to lunch around 12:00pm. She looked in the window of the infant room as she passed the room and she saw CCSM 4 on the floor with Child E (Male, age ) and Child D was walking around classroom. She noticed that CCSM 4 was han ing Child E a little rough when trying to make him hold his bottle. This seemed out of character for CCSM 4 to try to force the infant to hold his bottle. She also noticed her interacting with another infant in a kinder appropriate manner. Then she observed CCSM 4 notice Child D climbing on a shelf. CCSM 4 grabbed him aggressively and put him down on the floor. At that point she went into the classroom to talk to CCSM 4 and asked her if she was okay. CCSM 4 told her that she was fine, but she was not able to sleep at night and that she was tired. CCSM 3 then left the room and told CCSM 5 about her concerns. CCSM 5 told her that she had the same concerns and that she already talked to CCSM 2 about it. CCSM 3 then followed up with CCSM 2 herself to express her concerns and she requested that she remove CCSM 4 from the classroom. CCSM 2 spoke to CCSM 4 and then sent her home for the remainder of the day. CCSM 3 would like it noted that she was more concerned about CCSM 4's condition than she was concerned that she would harm a child. She just thought that CCSM 4 was acting out of character and that something was wrong with her, and she was worried about her. She was not really worried about the children safety. I spoke with CCSM 5 about her concerns with CCSM 4. She stated that CCSM 4 is a great staff member usually. However, the day prior to the incident CCSM 4 had told her that she was that was not allowing her to sleep. She noticed that CCSM was a little irritable. The day of the incident she noticed CCSM 4 was like a zombie, and she noticed that she was more irritable than normal. She also noticed she was handling the children a little rougher than normal. She said she saw her pick Child E up kind of rough and that's when she asked her if she was okay and if she needed to take a break. CCSM 4 said "no", she was fine. CCSM 5 didn't like what she saw CCSM 4 do, so she went to report it to CCSM 2. I spoke with CCSM 2 regarding staff concerns with CCSM 4. CCSM 2 stated that CCSM 5 came into her classroom and told her that CCSM 4 was seeming kind of tired and acting kind of weird. CCSM 2 went into the classroom to check on CCSM 4. CCSM 4 said she was fine, however, she still told CCSM 4 to take a break. CCSM 4 took a break for a little while. CCSM 2 stated about two hours lat

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. (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: (b) An incident involving an allegation of inappropriate contact. 15

Neither the licensee designee nor former program director Daphne Windom reported to the department that CCSM 1 had aggressively pulled Child A's arm causing ; therefore, had inappropriate contact with Child A.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8137 · R 400.8137 Diapering; toileting. (6) Diapers and training pants shall be checked frequently and changed when wet or soiled.

On several occasions, according to , Child B would be picked up with wet clothes that he urinated through. Mr. Bleom indicated that CCSM 1 was given a written reprimand regarding not changing diapers when soiled.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (e) Depriving a child of meals, snacks, rest, or necessary toilet use.

Based on interviews with staff, there is not a preponderance of evidence that CCSM 1 threatened to or threw away children's food.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. (4) If a center becomes aware that a staff member, volunteer, or child in care has contracted a communicable disease, then the center shall notify parents and provide all of the following information: (a) The name of the communicable disease the children were exposed to. (b) The symptoms of the disease. (c) Prevention measures as recommended by the U.S. Centers for Disease Control and Prevention (CDC) at the following website: https://www.cdc.gov/DiseasesConditions.

Former program director, Daphne Windom, stated that not all parents were notified if a child or staff member contracted a communicable disease. She stated only the parents of children in a specific classroom were notified. ..... .................. .. ....... ................

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.

Appropriate care and supervision was provided to children in care. Though CCSM 4 was not herself, she was not aggressive with the children.

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.

Staff did not provide appropriate care and supervision of children when they took Child A from the classroom to an office to sit without any materials or programming for an extended period of time.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8167 · R 400.8167 Indoor space. (3) A center shall provide a floor plan of all child use areas to the department at initial licensure and before making structural changes or adding any child use space. Only space that has 23 received prior approval for child use by the department may be used for child care.

Child A was in an office for an extended period of time. The office had not received prior approval for child use.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.