R 400.8134(2)(f) · R 400.8134(2)(f) Hand washing. After using the toilet or helping a child use the toilet. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8530(10) · R 400.8530(10) Hazard Areas. The center shall not store combustible materials within the central heating plant or fuel-fired water heater rooms or in basements containing fuel-fired heating equipment, without a proper fire separation.

There were combustibles (toilet paper, rags, etc.) stored in the heat plant rooms were the water heaters and furnace are located. Any items that can catch fire, explode, or melt and release toxins cannot be stored this room.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8143(1) · R 400.8143(1) Children's records. At the time of a child's initial attendance, a center shall obtain a child information card, using a form provided by the department or a comparable substitute, that is completed and signed by the child's parent. The center shall keep it on file and accessible in the center. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8134(3)(b) · R 400.8134(3)(b) Hand washing. After toileting or diapering. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8173(10) · R 400.8173(10) Equipment. A rocking chair or other comfortable, adult-sized seating must be provided for 50% of the child care staff members on duty who are providing infant and toddler care. Bureau

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.8170(13) · R 400.8170(13) Outdoor play area. All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the Consumer Product Safety Commission (CPSC) Handbook for Public Playground Safety, which is available at no cost at www.cpsc.gov. This handbook is also 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. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

The surfacing material was inspected on 1/30/2025 and was found to be "in good condition." During my on-site inspection the surfacing materials appeared to be in good condition. There is adequate surfacing in the fall zone of the equipment.

Open Not marked corrected in the state record

Category: health medication. 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. F

I conducted an unannounced onsite inspection on 12/9/2023. I interviewed Whitney Mooney, Licensee designee, regarding the allegation. Ms. Mooney explained that the previously approved director left employment on 11/9/2023. Ally Mooney has been acting as the substitute program director since that time. Ally Mooney possesses a bachelor's degree in children's ministry, but she lacks coursework in child care administration. At the time of inspection, Whitney Mooney was preparing documents to send to her assigned consultant for program director approval. A request for variance was submitted to the department regarding program director requirements on 12/19/2022, and the variance was granted on 1/4/2023.

Open Not marked corrected in the state record

Category: ratio. 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, including children related to a staff member or the licensee, must be as shown in Table 4: d) Preschoolers, 4 years until school-age, there shall be 1 child care staff member to 12 children and a maximum group size of 36.

During the onsite inspection on 12/9/2023, I interviewed Child Care Staff Member 1 regarding the allegation. She reported working in the Rocking Robins room (children ages 4- 5). Child Care Staff Member 1 stated that there was one occasion during the current week in which the classroom did not maintain appropriate staff to child ratios. Child Care Staff Member 1 arrives at 7:00AM daily. Though she couldn't recall which day, she explained that on one day during the current week she cared for 14 children alone for approximately five minutes. Child Care Staff Member 1 stated that this has been the only time that the classroom has not maintained appropriate ratios in a few months as more staff members have been hired. Typically, if the classroom is close to having too many children, she notifies the office staff, and someone assists in the classroom. I also interviewed Child Care Staff Member 2 regarding the allegation. She denied caring for too many children alone. Child Care Staff Member 2 reported working in the Mighty Moose room (children ages 4-5). There are 11 children currently enrolled in the classroom. Child Care Staff Member 2 arrives at 7:00AM or 9:00AM depending on the day of the week. She explained that the center struggled to maintain appropriate staff to child ratios during the Spring, but there have been no recent instances of ratio overages. I interviewed Child Care Staff Member 3 regarding the allegation. She reported working in the Busy Bees room (children ages 3-4). She stated that there have been no issues with maintaining appropriate staff to child ratios recently. She recalled that the last time that there was an instance of the ratio overage was a couple of months ago. I interviewed Child Care Staff Member 4 regarding the allegation. She also works in the Busy Bees room. Child Care Staff Member 4 stated that there have not been instances of ratio overages for at least one month. Previously, she would arrive at 7:00AM and Child Care Staff Member 3 arrived at 7:30AM. However, Child Care Staff Member 3 would often be reassigned to an infant room to maintain ratio. Child Care Staff Member 3 would return to the Busy Bees room shortly before 9:00AM which would cause ratio overages to occur. When the room failed to comply with staff to child ratio requirements, the duration would often be between 5-15 minutes. This occurred at least two days per week for approximately four weeks during the 3 month of October. Child Care Staff Member 4 reported that there have been no ratio overages since that time. I spoke to Whitney Mooney regarding the allegations. She reported that the center has hired additional child care staff members, adjusted schedules to provide additional coverage, and the center is transitioning to a fully electronic system for attendance tracking and record keeping. The electronic system will allow Child Care Staff Members to more easily record attendance and observe when attendance numbers are reaching capacity for each room. The system will also provide increased consistency and accuracy regarding child attendance record keeping.

Open Not marked corrected in the state record

Category: ratio. 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, including 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 must be 1 child care staff member for 4 children and a maximum group size of 12. 4

I conducted an unannounced onsite inspection on 8/5/2022. I interviewed Heather Phelps regarding the allegation. She acknowledged that the center has struggled to maintain appropriate child to staff ratios and the most recent occurrence was on 8/4/2022. Ms. Phelps explained that there were nine child care staff members absent on 8/4/2022 which made it difficult to adhere to ratio requirements. She stated that two to three rooms did not maintain appropriate child to staff ratios for approximately 15 minutes. I also interviewed Whitney Mooney regarding the allegation on 8/5/2022. She also explained that there were multiple child care staff members absent on 8/4/2022. As a result of these absences the Pleasant Pheasant room (children aged 30 — 36 months) was not able to maintain appropriate child to staff ratios for approximately 10 minutes. Whitney Mooney verified this information with the Child Care Staff Member 4, who also stated the Pleasant Pheasant room did not maintain appropriate child to staff ratios for approximately 10 minutes. Ms. Mooney was not aware of any other rooms failing to meet child to staff ratios. 2 I conducted an unannounced onsite inspection on 10/20/2022. I interviewed Heather Phelps again regarding the allegation. Heather Phelps acknowledged that center has been unable to maintain appropriate child to staff ratios during the morning hours of operation. I asked Heather Phelps if the center has experienced the inability to maintain appropriate child to staff ratios since my last inspection and she replied, "yes." She explained that center has made improvements such as hiring and training additional child care staff members to help ensure that appropriate child to staff ratios are met. However, parents can drop off children at any time during the hours of 7:00AM — 9:00AM which can lead to ratio overages for a few minutes. I provided technical assistance and consultation to Heather Phelps regarding the administrative rules regarding R400.8182 and the requirement that appropriate ratios be maintained at all times. Heather Phelps stated that she understood this requirement. She explained that the struggles have primarily been in the infant and toddler rooms and the preschool room has had some difficulty complying with child to staff ratios as well. I interviewed Child Care Staff Member 1 regarding the allegation. She stated that the mornings are "very bad" at the center between the hours of 7:00AM — 9:00AM. She reported caring for 12 children alone at times (children ages 2 - 2 Darling 1/2, Deer). The most recent occurrence being the date of this interview. On 10/20/2022, she reported caring for seven children ages 2- 2 alone. She explained that the '/2 first child arrives at 7:40AM and all other children arrive between 8:00 — 9:00AM. By 8:15AM, there were more than four children present. Child Care Staff Member 1 stated that she cared seven children alone until 8:30AM when additional staffing assistance was provided. Child Care Staff Member 1 understood that appropriate child to staff ratios for children of this age is 1:4, but the center has difficulty maintaining appropriate ratios each morning. She explained that more child care staff members have been hired, but the center still faces staffing difficulties. Child Care Staff Member 1 reported that there are other rooms at the center that fail to maintain appropriate child to staff ratios on a regular basis. Heather Phelps assists in the rooms when there is no one else available, but staff members continue to leave employment which causes staffing challenges. I interviewed Child Care Staff Member 2 regarding the allegation. She also reported working with children aged 2 — 2 at the center in the Darling Deer room. Child 1/2 Care Staff Member 2 stated that she typically arrives at the center at 9:00AM though she has worked various schedules. She explained that Child Care Staff Member 1 arrives at 7:00AM. Child Care Staff Member 2 stated that when she arrives

Open Not marked corrected in the state record

Category: ratio. 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, including children related to a staff member or the licensee, must be as shown in Table 4: (b) For Preschoolers, 30 months of age until 3 years of age, there must be 1 child care staff member for 8 children with a maximum group size of 16.

Heather Phelps and Whitney Mooney acknowledged that on 8/4/2022, appropriate child to staff ratios were not maintained in the Pleasant Pheasant room. Child Care Staff Member 3 reported that on 10/20/2022, one child care staff member cared for 11 children alone. Child Care Staff Member 3 reported that the Pleasant Pheasant room has not maintained appropriate child to staff ratios every morning from 10/17/2022 — 10/20/2022 with the duration of non-compliance ranging from 30 — 40 minutes.

Open Not marked corrected in the state record

Category: ratio. 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, including children related to a staff member or the licensee, must be as shown in Table 4: (a) For infants and toddlers, there shall be 1 caregiver for 4 children and a maximum group size of 12.

I conducted and unannounced onsite inspection on 5/11/2022. I interviewed Heather Phelps, program director, regarding the allegation. She acknowledged that the center has been understaffed for the past couple of weeks. Appropriate staff member to child ratios were not maintained in the toddler (darling deer) room and the 4-year-old (Mighty Moose) room. Ms. Phelps explained that over the past couple of weeks, the toddler room did not maintain appropriate staff to child ratios for 1/2 hour on one occasion and the 4-year-old room operated for day without 1/2 appropriate staff to child ratios in place. Over the past couple of weeks, the center has struggled to maintain appropriate ratios in both rooms at least a couple of times. Ms. Phelps explained that the center has had difficulty providing adequate staff to child ratios primarily in the mornings. This occurs at drop off time (8:30AM — 9:00AM) as the center is awaiting child care staff members to arrive for their assigned shifts. She acknowledged that ratio overages have occurred in various rooms over the past couple of weeks. On the date of inspection, Ms. Phelps stated 2 that the toddler room (darling deer) operated this morning for approximately 10 minutes without appropriate staff to child ratios while awaiting child care staff members to arrive. She explained that a number of child care staff members have been ill, leaving the center understaffed. The center has offered a refund to parents as an incentive to keep children home as they address staffing shortages. The center has ceased enrolling new children, and they are currently working with a recruiting agency to hire additional child care staff members. I interviewed Child Care Staff Member 1 regarding the allegation on 5/11/2022. She stated that the center is currently a bit understaffed. The staff shortage began approximately two weeks ago. Prior to this, the center did not have staffing or ratio issues. Child Care Staff Member 1 reported that the ratio issues have occurred over the past 2 weeks in the darling deer room (children aged 24 — 30 months), the turtle room (children aged 12-18 months), the pleasant pheasant room (children aged 30- 36 months), and the mighty moose room (children aged 4-5 years). These rooms have not been able to maintain appropriate staff member to child ratios ranging from a few minutes to one hour over the past couple of weeks due to staffing shortages. On the date of inspection, the darling deer room did not maintain appropriate staff to child ratios for approximately 15-20 minutes until she arrived to assist with coverage. Child Care Staff Member 1 explained that on today's date, she arrived at the center at 7:10AM. Upon arrival, she helped to open the mighty moose because the assigned child care staff member was "running late." Child Care Staff Member 1 went to the darling deer room at approximately 8:30AM. She explained that the darling deer room operated without appropriate staff to child ratios for approximately 15 -20 minutes. Child Care Staff Member 1 explained that from 8:00AM — 9:00AM is when overages tend to occur as this is drop off time at the center. I conducted an unannounced onsite inspection on 5/12/2022. I interviewed Child Care Staff Member 2 regarding the allegation. Child Care Staff Member 2 reported working in the pleasant pheasant room (children aged 30-36 months). She stated that the center has not been able to maintain appropriate staff to child ratios primarily during the morning hours of 8:00AM — 9:00AM which is the center's drop off time period. Child Care Staff Member 2 reported that on 5/11/2022 she cared for 9-11 children alone in the pleasant pheasant room for approximately 20 minutes. She explained that this classroom has not been able to maintain appropriate staff to child ratios during the morning hours every day for the past 2 weeks. The classroom has operated over the appropriate staff to child ratios from 5 minutes to 30 minutes every day. I also inter

Open Not marked corrected in the state record

Category: ratio. 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, including children related to a staff member or the licensee, must be as shown in Table 4: (b) For preschoolers 30 months of age until 3 years of age, there shall be 1 caregiver for 8 children and a maximum group size of 16. 4

All parties interviewed acknowledged that multiple rooms have operated without appropriate staff to child ratios in place. Child Care Staff Member 1 and Child Care Staff Member 2 reported that the pleasant pheasant room has not maintained appropriate staff to child ratios. Child Care Staff Member 2 reported caring for 9 - 11 children alone for approximately 20 minutes.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8182 · 1 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 (d) For preschoolers 4 years of age until school-age, there shall be 1 caregiver for 12 children.

Heather Phelps and Child Care Staff Member 3 acknowledged that the mighty moose room has not maintained compliance with child care staff member to child ratios Child Care Staff Member 3 cared for 20 children alone for of an operational day. 1/2

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

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

On October 28, 2020, I completed an unannounced on-site inspection and initiated the investigation. I spoke with Whitney and Sean Mooney, owners of the center, about the investigation. They were already aware of the allegations and had spoken with Child Care Staff Member (CCSM) Elma Poljak who told them that she saw CCSM Courtney Hole push Child A (male, 2 years old) down in the Happy Hares classroom. Two CCSM's Lauren DeVries and Kathryn Zuiderveen, were present in the classroom when the incident allegedly occurred. Ms. Poljak was in a different classroom located across the hallway. Both classrooms have observation windows in the hallway and Ms. Poljak was looking into the classroom across the hall when she saw the incident. Ms. Hole was removed from the classroom and told it was due 2 to an incident being reported about her, but she could not think of anything that happened. Ms. Hole was told that it involved Child A and she explained that he threw himself back. There have been no prior concerns reported with Ms. Hole. The center staff recently completed mandated reporter and sexual abuse training. I interviewed CCSM Courtney Hole. She has been the co-lead caregiver in the Happy Hares classroom, for children that are 18 to 24-months-old, since February. I asked her to describe her day in the classroom. She said that she led the morning meeting time with what was on the lesson plans, ate snack, changed diapers, played outside and then had free time before lunch. She said that there were 11 children present today and three staff members. I asked her what happened with Child A. She said that the classroom had just come inside, children were washing their hands and she noticed that Child A didn't have a shoe on. She said that she told him to sit down on the rug, he did not sit down. She was kneeling to put his shoe on, he grabbed at her face mask and she asked him to stop when he grabbed for it again. She reached for his hand and held it to keep him from touching her mask. He then fell back onto his bottom. She explained that she was trying to keep him from falling all the way back onto the floor by continuing to hold his hand, but he slipped out from her grasp and just sat on the floor. She explained that they were on the rug and were facing south during the interaction. She put his shoe on and he walked away. She then helped other children take off their outdoor gear. Ms. Hole said that Child A did not fall hard, cry or say anything that would have let her know he had been hurt. She said that his head did not touch the ground. She described Child A as a high energy, very active, older child in the classroom. She said that he never cries. He will show a staff member where he is hurt if he has been bitten by another child. Ms. Hole denied pushing or shoving Child A. I interviewed CCSM Lauren DeVries who is the other co-lead in the Happy Hares classroom. She stated she did not see anything happen with Child A and Ms. Hole. She does not think that Ms. Hole did anything to Child A. She said that Ms. Hole is not rough with the children. She said that children in the classroom do "jelly legs" and fall back sometimes. She was helping children put their coats away and did not see Child A getting his shoe put on. She does not remember him crying. He does not cry often but he does when surprised or when pushed. I interviewed CCSM Katharine Zuiderveen who began working at the center about a month ago. She did not see anything happen with Child A and Ms. Hole. She was helping children washing their hands and overall classroom supervision when the interaction occurred. She saw Child A with one shoe off but said that his shoe comes off multiple times a day. She explained that she could not recall seeing Ms. Hole putting Child A's shoe on but because it happens frequently, it would not have stood out to her. She did not see Ms. Hole push or shove Child A. Child A was not acting hurt or crying during that time. She has not seen Ms. Hole do any

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.