R 400.8143(12) · R 400.8143(12) Children's records. A parent's written permission for the child's participation in field trips must be obtained at the time of enrollment or before each field trip, and kept on file at the center.

The center administration provided signed and dated field trip permission slips to utilize the Legacy 616 event space next door.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8167(3) · R 400.8167(3) Indoor space. 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 received prior approval for child use by the department may be used for child care.

The Legacy 616 event space next door is not part of the licensed child care facility. The facility utilizes the space as a destination of a field trip and has obtained written permission forms.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

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.

On September 30, 2022, area manager, Katrice Sweet and I completed an unannounced on-site inspection at the child care center. We spoke with program director Ashley Fleming and child care staff members (CCSMs) Seanna Taylor-Adams, Rachel Martinez, and Yvonne Ramierez. 2 Ms. Fleming stated that the event was held on Saturday, August 20, 2022. She did not attend the event. She is not sure who sponsored the event but knows that back packs with school supplies were handed out to attendees of the event. There were also games and prizes. She knows that parents were present during the event. It was a community engagement event, not a child care event. She is aware that the child care center was partnering with the event but not hosting it. Ms. Martinez stated that she organized an event on Saturday, August 20, 2022, in the event space next to the child care center. The various vendors were bakers, candy makers, artisans, and makers of "edibles" and other marijuana products. Food and other products were being sold. This was a community event to highlight the various vendors. The child care center partnered with the event and had back packs with school supplies, food, games, and a bouncy house as well. Ms. Martinez stated that parents were present during the event and care was not being provided. She is not aware if attendees were bringing food or purchases into the center. Ms. Taylor stated that is aware of a back-to-school event that was held in the event space next door to the center. The event was on Saturday, August 20, 2022. Ms. Taylor stated she did not attend but heard from other staff that back packs with school supplies were available for attendees of the event. She is not aware if the attendees entered the child care center. Ms. Ramierz stated that she volunteered during the event on August 20, 2022. She was helping run games in the child care center. She stated that parents were present during the event and the center was not providing child care. The building was open to house games and food. On September 30, 2022, I spoke with licensee designee Shakeir Footman on the telephone. Mr. Footman stated the center provided back packs with school supplies for a "pop up" event that was happening at the event space next door to the center. The back-to-school event was not a center event, but they did have some carnival type games and snacks in the child care center's space. Some child care staff volunteered at the event and oversaw the game and snack areas. Staff were not providing child care during the event. Parents were present during the event.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8158(3) · R 400.8158(3) 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.

Ms. Fleming stated she is aware that there was a bouncy house during the event and that Child B was injured during the event and received medical attention. Child B's parents were present during the event. Ms. Rachel Martinez stated she was not aware that any children were hurt during the event. Ms. Yvonne Martinez stated she was aware a child was hurt during the event, but she was in the center and did not observe the incident. On September 30, 2022, I spoke with Child B's Mother on the telephone. She confirmed that she and Child B attended the event on August 20, 2022. She was present during the event when Child B was injured. Child B was at the bounce house, but she and her husband were in the center with their younger child. She didn't feel that she needed to supervise Child B because she is older. Child B came into the center and was crying. She noticed blood on the back of Child B's head. Child B told her that her head had hit the ground when she slide off the bounce house. Child B's Mother said they took Child B to urgent care and that she received two staples. On September 30, 2022, I spoke with Mr. Footman on the telephone. He stated he was aware that Child B was hurt during the event. He was not present at the time of the injury. Parents were present at the event and responsible for supervising their children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8550(4) · R 400.8550(4) Electrical service. (4) Extension cords, listed by a nationally recognized testing laboratory, and used in accordance with all manufacturer's recommendations, may be used on a temporary basis, and for short periods of time.

On September 30, 2022, there was an extension cord connecting a television to an electrical outlet. This was connected when we arrived, indicating that it is being used on a long-term basis.

Open Not marked corrected in the state record

Open / not marked corrected.

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

Mr. Footman did not ensure all child care staff members completed the comprehensive background check and determined eligible before having unsupervised contact with children. Ms. Yvonne Ramirez was working as a child care staff member with unsupervised contact with children on 09/30/2022. She was not entered into the CCBC system to start the comprehensive background check until 10/09/2022.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

MCL 722.115p Child care center, group child care home, or family child care home; potential or current child care staff member convicted of crime. (1) Except as provided in section 5n(14) and (15), a child care center, group child care home, or family child care home shall not allow an individual to be a child care staff member without requesting a criminal history check as required by section 5n.

Mr. Footman allowed Ms. Yvonne Ramirez to be a child care staff member and work with children prior to requesting a comprehensive background check. Ms. Ramirez was working with children at the center on 09/30/2022. She was not entered into CCBC until 10/09/2022.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.8112(2)(e) · ............................................................................................................................................................................................................................................................ R 400.8112(2)(e) Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (e) Within the department's child care background check system, accurately complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license.

• On September 30, 2022, Yvonne Ramirez were present and caring for children. Ms. Ramirez had not been found eligible or connected to the facility in the CCBC system on September 30, 2022. • On October 25, 2022, a review of the CCBC system indicates that there are two ineligible people and four eligible people that have not been connected or withdrawn from the facility.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.8185 · R 400.8185 Primary care. (2) The center shall implement a primary care system so that each infant and toddler has a primary caregiver.

Shakir Footman, designee, stated he does not have a primary caregiving system in place as required under the rule. Parents are not given information regarding who is caring for their children.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8330 · R 400.8330 Food services and nutrition generally. (2) A written agreement must be kept on file at the center if the parent has agreed to provide formula, milk, or food. The center shall provide an adequate amount of formula, milk, or food if the parent does not. I

On 06/13/2022 at the time of the unannounced on-site inspection Shakir Footman said this morning the required one staff member for four infants ratio was not followed. He stated the infant room was operating with one staff member and six infants in care. He stated there have been other times in recent months the classroom has not maintained the required ratio due to staffing issues. I asked Mr. Footman, licensee, if there was a primary caregiving system in place. He had an individual with her two minor children in the infant classroom, "job shadowing." These children were holding infants, as was the adult. He stated this person had no comprehensive background check on file or paperwork. I asked how parents know who was caring for their children and he said parents do not receive any communication as to who is caring for their child. He said he did not have a primary caregiving system in place for children in attendance.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8330 · R 400.8330 Food services and nutrition generally. (3) Beverages and food must be appropriate for the child's individual nutritional requirements, developmental stages, and special dietary needs, including cultural preferences.

Shakir Footman and child care staff members did not provide appropriate beverages and food to Child A while in care.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8335 · R 400.8335 j 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. 4

Shakir Footman and child care staff members provided Child A food from the center. They did not assure that the food met the minimum requirements of the child and adult care food program according to Child A's age.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8335(2) · R 400.8335(2) Food services and nutrition; provided by center. (2) Solid foods must be introduced to an infant according to the arent's or licensed health care provider's instructions.

Shakir Footman and child care staff members failed to communicate with Child A's Mother regarding introducing food according to parent's or health care provider's instructions.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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, in/cluding M children related to a staff member or the licensee, must be as shown in Table 4: (a) For infants and toddlers, birth until 30 months of age, there shall be one child care staff member for four children and a maximum group size of 12.

On 06/13/2022 Shakir Footman stated the center was not maintaining the required staff to child ratio in the infant room. The room was staffed at 1:6. He stated there have been other times in recent months the classroom has operated out of ratio due to staffing issues. I

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8125(3) · R 400.8125(3) Staff; volunteer; requirements (3) All supervised volunteers shall receive a public sex offender registry (PSOR) clearance before having any contact with a child in care. A copy of this clearance must be kept on file at the center. C

Shakir Footman, designee, stated he did not collect paperwork prior to a woman job shadowing in the classroom, holding and caring for infants in attendance.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8125(5) · 1 R 400.8125(5) Staff; volunteer; requirements (5) A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information: (a) The individual is aware that abuse and neglect of children is against the law. (b) The individual has been informed of the center's policies on child abuse and neglect. (c) The individual knows that all staff and volunteers are required by law to immediately report suspected abuse and neglect to children's protective services.

Shakir Footman, designee, stated he did not collect paperwork prior to a woman job shadowing in the classroom, holding and caring for infants in attendance.

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.

Shakir Footman did not report within 24 hours when Child A received medical treatment following ingesting food served to him while in care.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · 1 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.

Shakir Footman did not submit a written report in 72 hours of notification Child A received medical treatment following an incident while in care.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8110(1)(c) · R 400.8110(1)(c) Applicant; licensee; licensee designee; requirements. (1) The licensee or licensee designee shall do all of the following: (c) Be responsible for compliance with the act and these rules.

Mr. Footman, licensee designee is unable to sustain compliance with the administrative rules; therefore, placing the welfare of children in jeopardy.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8110 · ........................................ J R 400.8110 Applicant; licensee; licensee designee; requirements. (10) Written approval from the department must be obtained before making any changes in the terms of the license, including but not limited to, adding use space, changing age groups served, changing program components, changing the capacity of the center, or making changes to a room or well-defined space that will result in a change in capacity of the room or well- defined space.

On 7/16/2021, I completed an unannounced inspection to the facility and spoke to licensee, Shakeir Footman. Mr. Footman stated that Sharmese Blackmon and Sheena Austin, child care staff members, were providing weekend care at the facility using the name "Mommy Recharge." He stated that he was approached by Ms. Austin and Ms. Blackmon requesting that they use the building on the weekends to provide drop-in care for "moms who need a break." Mr. Footman stated he wanted to help Ms. Austin and Ms. Blackmon. Mr. Footman stated that he never sent over a modification request to the Bureau to change his proposed days and times of operation. Mr. Footman and I discussed that all child care licensing rules still need to be followed on weekends including required paperwork, lead caregivers and the program director being on site for the required number of hours. Mr. Footman stated that he is currently the substitute program director for the facility until he can find a qualified program director. He added that he did not come in on the weekends when Ms. Blackmon and Ms. Austin were providing care. Mr. Footman stated that he was aware that there was a water balloon fight outside in the ally, which is not approved for play by the Bureau. Mr. Footman stated that he would seize the operation and not provide child care on the weekends. On 7/27/2021, I spoke to Sharmese Blackmon. Ms. Blackmon stated that she and Ms. Austin came up with an idea to provide drop-in care for children; they wanted to make sure it would be successful before they rented out a building and went through the licensing process to become a drop in child care center. They approached Mr. Footman who agreed to let them use his building until they were able to get their own. Ms. Blackmon stated that she does not provide care at Over Achievers during the week but decorates the classrooms. Ms. Blackmon stated that that there were 6- 8 children that they provided care for at various times throughout the days they provided weekend care. The children ages ranged from 18 months to 8 years old. Parents were given a packet to fill out that was 14 pages long to ensure that they had all the children's information. Ms. Blackmon stated that she was fingerprinted through the Child Care Background Check system, however, has not received an eligible letter yet. Ms. Blackmon added that she was never alone with children because she and Ms. Austin worked in the same classroom. Ms. Blackmon stated that they did have a water balloon fight outside in the alleyway, which is not approved space for children. Ms. Blackmon stated that they have seized operation until they are able to find a building of their own and become licensed. On 7/27/2021, I spoke to Shenna Austin. Ms. Austin stated that she was Mr. Footman's administrative assistant at the child care center. Ms. Austin stated that she and Ms. Blackmon had an idea to provide drop in child care services and asked Mr. Footman if they could use his building until they were able to get a building of their own and get licensed. Ms. Austin stated that they wanted to use this time as a trial to see if they had enough interest before they went through the whole process of being licensed. Ms. Austin stated that there were never more than 5 children in care at once and Ms. Blackmon was never alone with children. Ms. Austin stated that all the children served were not children that attend Over Achievers during the 3 weekdays. She stated that each parent filled out a 14-page packet that included a child information card. Ms. Austin stated that they had a water fight one day outside of the fenced located behind the building, which is not approved space. She wanted to ensure that there were no balloons in the fenced in area that children could have choked on. Ms. Austin stated that they have seized operation.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8113 · R 400.8113 1 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.

Substitute program director, Shakier Footman, was not present during Saturday and Sunday, when children were in care.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8110 · R 400.8110 Applicant; licensee; licensee designee; requirements. (9) Within 5 business days, the licensee shall notify the department of the separation of a licensee designee, program director, or a central administrator approved under R 400.8113(12), and a plan for replacement of the individual.

On 5/20/2021, I received a complaint indicating that an altercation had taken place at the center in the first or second week of March 2021. The complaint stated that the altercation started with the owner's sister, Avanti Footman, who was upset about a menu change. Ms. Footman reportedly had an "outburst" in the foyer of the center, which was directed at licensee Shakeir Footman. Ms. Footman was yelling and swearing at Mr. Footman, as parents were coming in for the day to drop off child care children. Ms. Footman was also hitting Mr. Footman, who responded appropriately and asked her to leave the center. Staff took children in the early preschool classroom who were closest to the foyer, to the back of the building and then outdoors to get them away from the altercation. Names of specific children or parents that may have been coming in at that time are unknown. Staff that were rresent at the time were hya and Claire Young and one volunteer, was present. was "shaken up" from the situation and did not come in for a few days as a result. It was noted that Ms. Footman was not disciplined because of the incident, and she is currently still employed at the center. On 6/8/2021 I completed an unannounced on-site inspection at the center. I interviewed Mr. Footman. He stated that there was an issue with the menu where they had to substitute an item and the substituted item was not written on the menu as it should be. Mr. Footman informed Ms. Footman that substitutions need to be changed in writing and he asked her to change the menu. He indicated that Ms. Footman was having a "rough day" and had an attitude about it. Ms. Footman "snapped" back at him about how much she does around the center. She was not yelling at first but then she began to argue with changing it, and she started yelling. Mr. Footman explained that because it was not up for debate and she was getting upset, he sent her home for the day. He is not sure, but she may have said one or two curse words while she was yelling, and then she left. He noted nobody else was present and this took place up by the front door in the "lobby". He does not know what day this took place. There were no parents dropping children off at the time. He noted the children in the early preschool room, which is the closest classroom to the foyer, were outdoors at the time. Mr. Footman stated that his sister was not hitting him during this disagreement. He is not sure what staff would have been present at the time but stated the volunteer would probably have been as had left the center a few months ago. On 7/6/2021 I spoke to Mr. Footman over the phone. I asked if Avanti Footman received any disciplinary action as a result of the incident. He stated that she was initially terminated but then brought back a week later, so the result was that Ms. Footman was off with no pay for the remainder of that week. He noted there is no documentation on her termination, being brought back, or of being off for the rest of the week without pay. I interviewed Ms. Avanti Footman. She stated that there was a disagreement about a menu a few months ago. She is not sure what day this took place. Ms. Footman explained that the issue started the day prior to the argument when Mr. Footman asked her change something on the menu for a "picky parent", so she changed the menu as she was asked. The following day, she was in the kitchen and Mr. Footman came in. She asked to talk about the request from the day before because she was still upset about having to make the change. She stated they yelled about it back and forth but that they were not cussing. The children were in their classrooms at the time. She remembers saying something like "I'm not going to change everything for one parent, I do a lot around here". Ms. Footman stated that her brother stated something like "Well if you can't do it, then I'm going to leave", to which she stated "no, I'll leave". Then she got up and left for the rest of the day. Ms. Footman expl

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8113 · R 400.8113 Program 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.

Ms. Carson, the previous program director, was not present at the center for at least six hours a day when she was employed at the center. Mr. Footman stated over the phone that Ms. Carson worked 59 hours in the month of March 2021, which is not eaual to six hours Der day.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (5) A substitute program director shall be appointed for a program director who has left employment or has a temporary absence that exceeds 30 consecutive workdays until return or replacement. A substitute program director shall at least meet the qualifications of lead caregiver. The department shall be notified when a substitute program director is appointed.

A substitute program director who meets the qualifications of a lead caregiver was not appointed in place of Ms. Carson when she left the center.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (7) Early childhood program directors shall meet 1 of the following qualifications shown in Table 1: I TABLE Early Childhood Program Director Qualifications Education Coursework in Hours of Early Childhood Experience Education or Child Development (a) Bachelor's degree or higher in early childhood education or child development (b) Bachelor's degree or 18 semester hours 480 hours higher in a child- and related field including (c) Montessori credential 18 semester hours 480 hours and (d) Associate's degree in 18 semester hours 480 hours early childhood and education or child development including (e) Valid child 18 semester hours 960 hours development and associate credential with (f) Sixty semester hours 18 semester hours 1,920 hours with and

A program director who meets the above qualifications is not employed at the center.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8110 · 1 R 400.8110 Applicant; Licensee designee; requirements (6) The licensee or licensee designee shall maintain accurate records detailing daily arrival and departure times for each child care staff member, child care aids, and volunteer. 7

Mr. Footman does not have daily arrival and departure times for former employee Erica Carson.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

MCL 722.120 Investigation, inspection, and examination of conditions, books, records, and reports; ... failure of licensee to cooperate with investigation, inspection, or examination. ..................................................................... .................. ...................................................... (1) ... 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.

The licensee, Shakeir Footman told licensing that the program director, Erica Carson was on "bedrest". This information is not accurate.

Open Not marked corrected in the state record

Category: recordkeeping. 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 not provided by Avanti Footman during the first or second week of March when she was heard yelling at Shakeir Footman while children at the center: • Ms. Footman acknowledged that she and Mr. Footman were "yelling back and forth" and that the children "probably heard" the argument. • CCSM Tavana Yahya heard yelling between Mr. and Ms. Footman back in the infant classroom. • Mr. Footman acknowledged that Ms. Footman was yelling at him during child care hours while children were resent.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.