ABC Academy III

R 400.8113(1)(k) · R 400.8113(1)(k) Information provided to parents. (1) A center shall provide a handbook, electronically or hard copy, to each parent enrolling a child that includes at least all of the following: (k) Exclusion policy for child illnesses.

The center has a written exclusion policy for child illness and followed the plan.

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R 400.8263(2) · R 400.8263(2) Child accidents and incidents; child and staff illness (2) A center shall ensure that a child who is too ill to remain in the group is placed in a separate area and is cared for and supervised by program staff or an unsupervised volunteer until the parent arrives. The separate area may be an unlicensed space such as the office area, reception area, or hallway but supervision must occur during this time. Food p reparation areas may not be used.

The center provided a separate area for Child A when she was ill while being cared for by a teacher.

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R 400.8330(7) · R 400.8330(7) Food services and nutrition generally ( 7) Infants and toddlers shall be fed on demand.

Child A was fed on demand.

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R 400.8161(1) · R 400.8161(1) Maintenance of premises. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health o r safety.

The premises were not maintained in a safe condition. Near the entrance to the building there was an exposed protruding hinge on a doorframe with no door that caused a safety hazard when Chila A fell and cut her eyebrow on the hinge that had to be glued to close the wound.

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

On 4/27/23, I interviewed the complainant regarding the allegations. On 4/27/23, I interviewed Child A's Mother. Child A has been enrolled in care at the center for approximately four months. Child A has a speech delay and currently has an Individualized Education Plan (IEP) to assist with his verbal skills. On 4/24/23, around 5:30 p.m. Child A's Mother arrived at the center to pick up Child A from care. Child A was in the preschool classroom. According to Child A's Mother, she noticed him walking down the hallway funny and could tell that he had a soiled diaper and was uncomfortable by the way he was walking. Child A's Mother took Child A into his classroom and changed his diaper. While she was changing Child A's diaper, she noticed that Child A was wearing the same diaper she put on him around 9:30a.m. that morning. Child A's Mother said she used different diapers at home than the diapers she provides to the center. Child A Mother said Child A has come home a couple of other times with soiled diapers when she picked him up from care in the past but figured it was the time of day she picked up due to her having a sporadic work schedule. On 4/27/23, I conducted an unannounced onsite inspection to the center and interviewed Ms. Marianne Gladstone, program director. I informed her of the allegation. Ms. Gladstone confirmed the allegation stating that she had already spoken with Child A's Mother regarding the incident. On 4/24/23, Child A arrived to care around 10:30 a.m. When Child A arrived, he was dry. Afterwards, Child A had lunch and then took a nap. When he woke from his nap, he transitioned over to the preschool classroom while the toddler classroom went outdoors. Ms. Gladstone said Child A's diaper was dry when he went to the preschool classroom. Upon return indoors from outdoor play, the Child Care Staff Members (CCSMs) had the children use bathroom. Ms. Gladstone reiterated that Child A had transitioned to the preschool classroom when his classroom went outdoors until Child A's Mother arrived to pick him up from care around 5:30 p.m. She further explained when Child A went over to the preschool classroom for transition time. All the children are potty trained in the preschool classroom therefore when the CCSMs took a bathroom break, the CCSMs must have assumed Child A used the bathroom and did not check his pull up before his mother arrived to pick him up from care. Ms. Gladstone said once she spoke with Child A's Mother and was made aware of the incident, she spoke with all the CCSMs reminding them to check and change diapers, when necessary, in addition to at the end of the day before the parents arrive to pick up their children form care. She also reminded the preschool classroom CCSMs that not all the children transitioning from the toddler 2 classroom are completely potty trained and need to be assisted when using the bathroom or have their diapers checked and changed when needed. Ms. Gladstone said the center works closely 3 with the parents during the potty-training process. Regarding Child A, he is still in the early phases of potty training and wears a pull up or diaper each day. Regarding potty training and diaper changes, Ms. Gladstone said the CCSMs will check or change the children's diapers every two hours, or upon demand. All the diaper changes are documented on a whiteboard located in the classroom. Regarding Child A, after Child Care Staff Member 2 (CCSM 2) spoke with Child A's Mother regarding the incident, she agreed to also document Child A's diaper changes in the ProCare automation system to assure Child A's Mother is aware of Child A's elimination patterns each day. Ms. Gladstone said Child A is responding well with transitioning to the preschool room, however he is taking some time with potty training. Ms. Gladstone said Child A's Mother expressed no concerns with CCSM 2 and said Child A enjoys seeing her each day. On 4/27/23, I interviewed Child Care Staff Member 1 (CCSM 1) at the center. I infor

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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 August 3, 2022, program director, Mariann Gladstone submitted an incident report to Child Care Licensing Bureau. Ms. Gladstone also submitted a summary from Henry Ford Allegiance Emergency Medicine of Child B's visit on August 2. 2022. The diagnosis was a right elbow fracture. 2 On August 9, 2022, I completed an unannounced on-site inspection. I individually interviewed program director Mariann Gladstone and child care staff members Jacquelyn Jewell, Autumn Todd and Sharina Rowley. Ms. Gladstone stated that she did not observe the incident, as she came into the classroom after the incident occurred. Ms. Jewell informed her what happened once she arrived at the classroom. Ms. Jewell was the only child care staff member present in the room when the incident occurred. Ms. Jewell informed her that while the children were on the carpet area, she walked to the front of the room to get the walkie talkie to call for assistance, as a child needed to use the restroom. When Ms. Jewell returned to the carpet area Child B told her that his arm was hurting. Ms. Gladstone spoke to Child B and looked at his arm and he was able to bend and straighten his arm. Ice was applied to his arm, and he laid down to rest. Shortly after Child B laid down his mother arrived at the child care center to bring his sister in. Ms. Gladstone asked Child B's Mother to look at his arm. Child B's Mother decided to immediately take him to the emergency room for examination, and Child B left for the day. Ms. Gladstone denied that Child A had any previous incidents of hurting other children and believes this was an accident. Ms. Jewell stated that she usually does not work in the school-age classroom but was filling in on the day of the incident for a brief time while another child care staff member was on break. Ms. Jewell stated that there were nine school-age children present and it was rest time. She stated the children were sitting on the carpet and reading, as they are school-age and do not take naps and are supposed to engage in quiet activities. Ms. Jewell stated that she observed Child A pick Child B up and attempt to carry him to the couch next to the carpet. She told Child A to put Child B down, as "it was not safe to pick him up". Child A put Child B down and they continued to play. Ms. Jewell stated that her back was facing the children as she walked to the front of the room to get the walkie talkie to call for assistance, as a child needed to use the restroom. When she returned to the carpet where the children were, she observed Child B crying and holding his arm. Ms. Jewell stated that she asked Child B what happened, and he did not say anything. She then asked if he hurt his back and he said "no." She then asked if he hurt his arm and he said "yes" but did not provide any details. Child A then told her, "I picked him up and he flipped but he's okay". Child C then stated, "Child A dropped him, and he fell on his arm." Ms. Jewell stated that Child C was referring to Child B being dropped and falling on his arm. Ms. Jewell then went to the door and told a child care staff member in the hallway that she needed assistance, as the walkie talkie was not working. Program director Mariann Gladstone came to the classroom and assessed Child B's arm and applied ice. At this time child care staff member Autumn Todd came back from break and she left the classroom. When I asked Ms. Jewell if there were previous incidents of Child A injuring other children, she stated that she was not aware of any previous incidents. She stated that Child A and the other boys in the classroom required verbal redirection as they often "horseplay" by running and touching one another. 3 Child care staff member Autumn Todd stated that she did not observe the incident, as she out of the room on break. When she returned to the room Ms. Gladstone and Ms. Jewell were attending to Child A by applying ice to his arm. When I asked if there were previous incidents of Child A injuring other ch

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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 March 23, 2022, the child care staff members provided appropriate care and supervision of Child A. There is no evidence that Child A's was a result of abuse or neglect.

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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.

During the unscheduled onsite inspection on March 8, 2022, program director Natalie Guy-Hazard stated that child care staff member Jennifer Wood usually works in the preschool room, but the center was short staffed on February 25, 2022, so Ms. Wood was helping in the infant room. Ms. Guy-Hazard stated that Ms. Wood was working in the infant room with child care staff member Jennie Lige. Ms. Lige and told Ms. Guy-Hazard that Ms. Wood was sitting on the floor with Child A (male, age 4 months) and Child A rolled off Ms. Wood's lap onto the floor hitting his head on the floor. Ms. Guy-Hazard stated that she observed that Child A had a red mark on his forehead. She stated that Ms. Lige did not make it 2 seem as though the incident was a "big deal". Ms. Lige told Ms. Guy-Hazard that she saw that Ms. Wood was asleep when Child A fell. Ms. Guy-Hazard stated that she is aware that Ms. Wood sometimes "stares off into space". When I asked what Ms. Guy-Hazard meant by staring off into space, she stated that she guesses that Ms. Wood falls asleep. Child care staff members have reported to Ms. Guy-Hazard that they have seen Ms. Wood fall asleep in classrooms where she is working. Ms. Guy-Hazard stated that she spoke with Ms. Wood after receiving the reports about her falling asleep, letting her know that falling asleep is not allowed. Ms. Guy-Hazard has not seen Ms. Wood falling asleep but other child care staff members have reported it to her. Ms. Guy-Hazard has no longer allowed Ms. Wood to work in the infant classroom. She has been working in the preschool room since the incident. Ms. Guy-Hazard stated after receiving the report from Ms. Lige that Ms. Wood was asleep when she dropped Child A, she spoke with Ms. Wood again. Ms. Wood said she was having health issues. She stated that her sinuses were really congested, and she wasn't feeling well. Ms. Wood informed Ms. Guy-Hazard that she was going to see a doctor. Ms. Wood also stated that she would stop falling asleep. She stated that since the incident on February 25, 2022, she has not received any other reports of Ms. Wood falling asleep. Ms. Guy-Hazard stated that she did not complete an accident report regarding Child A being dropped but she believes that Ms. Lige completed a report. Ms. Guy-Hazard stated that she did not watch the camera footage of the incident because Ms. Lige explained to her what happened. Ms. Guy-Hazard stated that she did not contact Child A's parents about the incident, but she believes that assistant director Sadie Yoder may have contacted Child A's Mom or Dad. Assistant program director Sadie Yoder stated that she was informed by Ms. Guy- Hazard that Ms. Lige reported that Ms. Wood was falling asleep while she was sitting on the floor holding Child A. Ms. Wood "fumbled" Child A and he rolled off her lap and onto the floor bumping his head on the floor. Ms. Yoder stated that she does not recall seeing any marks on Child A after the incident. Ms. Yoder stated that a couple of days prior to the incident on February 25, 2022, child care staff members from the toddler room told her that they saw Ms. Wood falling asleep while the children were napping. Ms. Wood was sitting on the floor next to the cots in the toddler room while the lights in the room were turned off. Ms. Yoder did not speak with Child A's Mother. Ms. Yoder has not seen Ms. Wood falling asleep but other child care staff members have reported it to her. Child care staff member Jennie Lige stated that on February 25, 2022, she was working in the infant room with Ms. Wood. Ms. Lige stated that she was feeding an infant while Ms. Wood was sitting on the floor next to Child A who was lying on the floor next to her. Ms. Lige stated that Child A began to get fussy, so Ms. Wood went to pick him up and "fumbled" him dropping him on his head. Ms. Lige stated that Ms. 3 Wood was not falling asleep when she dropped Child A although she has noticed her falling asleep in the past. Ms. Lige stated that she was not

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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. I

During the onsite inspection on February 17, 2022, assistant program director Sadie Yoder reported that Child A and Child B's class was closed, and program director Natalie Guy-Hazard was on vacation. Ms. Yoder stated that 2 on February 15, 2022, child care staff member Kerry Fraser came to her and stated that she and child care staff member Janet Kuntz were walking the preschool class from the classroom to the bathroom in the hall. Ms. Kuntz was at the front of the line and Ms. Fraser was at the end of the line. Ms. Kuntz took the girls into the girl's bathroom while the boys went into the boy's bathroom. Ms. Fraser said to Ms. Yoder that by the time that she made it into the boy's bathroom she saw Child B standing at the urinal holding his "butt cheeks" open while Child A was standing behind him, leaning over and looking at his buttocks. Ms. Fraser stated that the boys were in the bathroom alone for just a few seconds. Ms. Yoder stated that Child B has been exhibiting highly sexualized behaviors and this was the third incident on February 15, 2022. Earlier that day in the classroom Child B was observed rubbing on another child's thighs while they were sitting on the floor in the classroom. Later when the children were in line Child B kept trying to back up and rub his buttocks on the child standing behind him. On another occasion Child B showed his penis and buttocks to another child while they were under a table in a classroom. Child B has also acted aggressively toward other children. In November 2021, Child B kicked Child A in the head while he was sleeping during nap. In December 2021, Child B scratched Child A on the face during a disagreement over a toy. Ms. Yoder stated that Child B does not direct these acts solely toward Child A, he has been aggressive or inappropriate with other children as well. Ms. Yoder stated that after the incident in the bathroom she contacted Child B's Mother and he was immediately sent home for the day. Due to these behaviors child care staff members have shadowed Child B in the classroom. After the incident in the bathroom Child B is no longer allowed to go to the bathroom with other children. Ms. Yoder stated that she contacted the Washtenaw County Intermediate School District (ISD) after the bathroom incident and a child study will be done starting on March 4, 2022. Ms. Yoder stated that a meeting would be conducted with the child care staff members, program director Natalie Guy-Hazard, child psychologists, Child B's parents and Washtenaw ISD staff to discuss the next steps to address Child B's behaviors until the child study is done. During the onsite inspection on February 24, 2022, program director Natalie Guy- Hazard stated that she was on vacation on the date of the incident between Child A and Child B. Ms. Guy-Hazard stated that she learned about the incident upon her return to work. She stated that there are always three child staff members in the class with Child A and Child B. Ms. Guy-Hazard stated that she is aware that Child B does "sneaky things once in a while". He tried to coax a child under a table before and he often tries to draw children away from the group, however he has never been inappropriate to this level before. Ms. Guy-Hazard stated that Child B has previously kicked, and scratched Child A. Child B is defiant and doesn't follow rules but he's not very often aggressive toward other children. He likes to touch his friends and to give hugs at times. Ms. Guy-Hazard stated that she spoke with Child B's Mother who said that Child B used to play with a group of older boys, and he may have learned some 3 of the inappropriate behaviors from them. Child B is no longer allowed to play with that group of boys. Ms. Guy-Hazard stated that there was a meeting held between herself, Child B's Mother, psychologists, and the Washtenaw ISD to address Child B's behaviors. After the incident on February 15, 2022, Child B is no longer allowed in the bathroom with other children. The c

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R 400.8137 · 1 R 400.8137 Diapering; toileting. (10) Toilet learning or training must be planned cooperatively between the child's regular caregivers and the child's parent, so the toilet routine established is consistent between the center and the child's home.

Child A's Mother said that Child A has been enrolled at the center since she was 9 months old. Recently Child A's Mother and Child A's Father spoke with program director Natalie Guy-Hazard about concerns that Child A was not being toilet trained at the center. Child A's Mother stated that Child A was coming home in wet or soiled pull-ups with a red and sore bottom for the last two months. Child A's Mother began marking Child A's pull-ups in the morning to see if she was being changed at the center. For two weeks Child A came home wearing the same pull-up which was wet or soiled. During the onsite inspection on February 8, 2022, program director Natalie Guy- Hazard stated that she spoke with Child A's Mother last week about her concerns about Child A not being taken to the bathroom throughout the day. Ms. Guy-Hazard 2 stated that Child A's Mother said that she would encourage Child A to let child care staff members know when she needs to go potty. Ms. Guy-Hazard addressed the issue with preschool child care staff members, April Kurzynowski and Jennifer Wood. She told the child care staff members to make sure that they are changing Child A's pull-up throughout the day. Ms. Guy-Hazard stated that child care staff members take several potty breaks throughout the day. Ms. Guy-Hazard stated that there is currently no lead caregiver in the preschool classroom. Ms. Guy-Hazard helps in the room as well as assistant program director Sadie Yoder as needed. Assistant program director Sadie Yoder stated that she assists at times in the preschool room. She stated that she has also addressed toilet training with child care staff members in the preschool room after hearing that Child A's Mother reported her concerns. Ms. Yoder reminded the child care staff members to frequently check the children that are not potty trained to make sure that they are not wet. Ms. Yoder stated that she changed Child A's pull-up on February 7, 2022, after Child A told her that she was dry when her pull-up was actually wet. Child care staff member April Kurzynowski has been employed by the center for 2 months. She stated that since working at the center she has consistently worked in the preschool classroom. Ms. Kurzynowski stated that if any child tells her that they need to go potty she takes that child and a group of children to the bathroom. She stated that Child A never tells child care staff members that she needs to go to the bathroom or when she is wet. Ms. Guy-Hazard spoke with her about Child A not being taken to the bathroom. Ms. Kurzynowski stated that she was waiting for Child A to say she needed to go potty to take her to the bathroom. Since Ms. Guy-Hazard informed her that Child A's pull-ups were being marked and she was going home in the same wet or soiled pull-up she has been reminding Child A that she needs to tell her when she needs to go potty. Ms. Kurzynowksi also takes regular breaks to take all of the children to the bathroom. She also makes a note to check Child A to make sure that she is not wet throughout the day. Child care staff member Jennifer Wood has been employed by the center since December 2021. Ms. Wood primarily works as a floater covering child care staff member's breaks. Ms. Wood stated that she does not work in the preschool room everyday but when she is she makes sure to always take children to the bathroom. She has children try to go potty or changes them if they are wet. Ms. Wood stated that because she is not in the preschool room consistently, she is not sure if she has changed Child A's pull-up.

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

Child care staff members did not frequently check Child A leaving her in wet or soiled pull-ups throughout the day.

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R 400.8122 · ................ R 400.8122 Lead caregiver; qualifications; responsibilities. (1) Lead caregivers are required only for groups of children who are preschool age and younger.

The preschool classroom does not have a lead caregiver as required.

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

On April 22, 2021, I made an unannounced onsite inspection to the child care. I interviewed Natalie Guy-Hazard, program director and Marianne Gladstone in the office. Neither of them was present when Child A touched Child C on the buttocks and near his genitals. They learned of the incident when Cheyenne Olson, child care staff member, reported it to Ms. Guy-Hazard. Ms. Guy-Hazard completed an Incident Report on April 15, 2021 and emailed it to me. During my interview with Cheyenne Olson, child care staff member she stated she was the only staff member in the room at the time of the incident. The children were getting lined up at the door to go outside when she saw Child A touch Child C's buttocks. Child C turned around and Child A touched him on the front, near his genitals. Child C told Child A to stop touching him and Child A stopped. Child C did not touch Child A. He just told him to stop and then turned back around in the line. Ms. Olson talked to Child A while he was still in the line and told him he cannot touch other children. Child C was present, and Ms. Olson told him he did a good job using his words. Ms. Olson informed both parents of the situation. She said Child A's Mother informed her that nothing like this has happened before. This is the first time Child A has touched another child at the center and it is believed it was not of a sexual nature. The center has not seen any sexualized behavior from Child A. After completing my interview with Ms. Olson, Ms. Guy-Hazard and Ms. Gladstone played the video of the incident for me. The video did not have sound, but we confirmed with Ms. Olson, that music was playing. It appears that Child A is dancing, doing the "floss", while he is in line. His hands bumped into Child C. The bump does not look deliberate. Child C turned around to ask Child A to stop touching him and that is when Child A's hand hit Child C near the genitals. But then, Child A stopped is behavior and Ms. Olson came over to intervene. Child A's Mother did not return my telephone call. Child C's Mother reported to me that the child care staff informed her of the incident and her son reported that "his bottom was grabbed." Child C's Mother did not see the video.

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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 May 17, 2021, I returned to the center to interview Cheyenne Olson, Candace Riggins, child care staff members, and Marianne Gladstone, assistant director, regarding Child B pulling down his pants in front of his classmates. Ms. Gladstone attempted to locate the video footage for the incident but was unable to get to the exact couple of seconds needed. Ms. Olson stated she did not see Child B expose himself because she left for the day. She heard about Child B pulling down his pants when she returned the next day. She said he does act out sometimes, but she is not aware of any previous situations where he exposed himself or displayed any inappropriate sexual behavior. Candace Riggins, child care staff member was present when Child B exposed himself. She said it was near snack time and Rhonda Scott, child care staff member, took a group of children to the bathroom. Ms. Riggins stated that she was seated at one of the tables with six children. Child B was at the table eating a cookie. He stood up and quickly pulled his pants and underwear down from the front, exposing his genitals. He had his pants back up in about two seconds. Ms. Riggins said she did not want to make it a big deal but did ask Child B why he pulled his pants down. He said he did not know. She explained that he needed to keep his clothing on while at child care. Ms. Riggns supervised Child B more closely throughout the day. She was unaware of Child B exposing himself at the center prior to this incident. Ms. Gladstone stated that Child B's Mother was informed of the incident and the parents of the other children in the room were also notified. This is the first time Child B has exposed himself at the center. Rhonda Scott, child care staff member, stated that she was at the bathroom with a group of children when Child B exposed himself. She did not see the incident but heard about it a few minutes later when she returned to the classroom. Child B's Mother did not return my telephone call. 4

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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 February 19,20211 l interviewed Child A's Guardian years old). The child care directors and staff are aware that a child in the ' room is touching . On February 18, 2021 she told ABC Academy III that Child A reported ■ was touched by Child E years old). Natalie Guy-Hazard =:' Program Director, and/or Mariann Gladstone Executive Director at ABC Academy III told her they were aware of a child in the room that was touching They told her this came about last week. They told her they addressed it with e parents, with the child at their level, and educated the children in the classroom. Last week is when she started seeing Child A doing some things. She spoke with a child care staff member in the classroom yesterday and was told that Child E is only at school during the day and they will keep. and Child A separated, they haveRmae the classroom more open, they have moved things around, and they did naptime in different ends of the room. The child care staff member told her they have even put a third person in the room to increase supervision with the classroom and Child A. Child A's Guardian stated last night Child A stated that someone touched with a toy. They discussed good touch and bad touch, and she told Child she was glad ■ told her. She told Child A should also tell teacher. She said Child A ■ did not say if■ had told the teacher. She observed hild A doing some things last week. She remembers questioning it but does not recall what exactly was doing. However, she knows it had something to do with . Then yesterday morning, Child A was sitting on the floor wa c In television engaging in sexualized behavior. She asked Child A to stop and asked why ■ was doing that and initially did not want to talk about it. However, decided to talk about and she asked i d A, "Has anybody ever touched ■ there, pointing at_. 611 W. OTTAWA • P.O. BOX 30664 • LANSING, MICHIGAN 48905 www.michiga.gov6Iara • 517-335-1980 Child A said, "Yes. [Child E] did and said started to look downs pants at. ■." Sometimes Child A calls Child A's Guardian does not feel Child A would talk to licensing, and she is not sure if that is something that should happen at this time. She will call if anything else occurs at school. On February 23, 2021 1 completed an on-site inspection. I interviewed Natalie Guy- Hazard; Program Director, and Mariann Gladstone, Executive Director. Ms. Guy- E Hazard reported Child A went home and told Child A's Guardian that Child E touched R and looked down pants. Natalie Guy-Hazard, Program Director and Mariann adstone, Executive hector investigated these allegations and there was nothing found to support it ever happened. Child A has been known to do attention seeking behaviors. Child E is a child who is very intelligent, has repetitive behaviors, and gets stuck on things. Child E is very innocent and has no sexualized behaviors. Child E went through a stage some time ago where was touching■ classmates' buttocks, they think it was more of a game to■. Bo i Ms. Guy-Hazard and Ms. Gladstone reported they have never seen any sexualized behaviors from Child E and have never seen or known do anything contained in the allegations. Ms. Gladstone reported with the class, if it happened there, she feels sure that somebody would have known about it. Child A does not sleep, is very active, and has had no sexualized behaviors they are aware of at school. Child A and Child E do have a friendship. Ms. Gladstone reported she showed Child A's Guardian how they arranged the classroom and the fact they have a child care staff member in the room just watching movements and is trained in that, and they spoke to all the child care staff in the room regarding keeping increased supervision for sexualized behaviors. The children in the classroom are ■ years of age and the ratio is normally that classroom is 15 children to 2 child care staff members. On February 23, 2021 1 interviewed Cheyenne Elizabeth Marie Olson child care staff member in the classroom. Ms. Ols

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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. I

On 12/18/2020, I completed an unscheduled on-site inspection. I first spoke with Mariann Gladstone, child care staff member. Ms. Gladstone works in the front office in a supervision roll. She said Child A is Autistic and when he wears costumes "he becomes the character and thinks he's bigger than life." On the day of the incident, each class did Christmas caroling for their parents. Ms. Gladstone approximated that about 5-10 minutes after the class returned to the classroom, she could see from the video monitors that Child A was still wearing the Santa costume and was running around. Ms. Gladstone became concerned because when Child A becomes warm, he gets "worked up and agitated." Ms. Gladstone went into the classroom and told Ms. Jennifer McCarthy, child care staff member, Child A needs to take the costume off. Ms. Gladstone told Child A it was time to take off the costume, he "got mad," and ran under the table. The table was against the wall, so Ms. McCarthy was on one side and Ms. Gladstone was in front of the table. Ms. Gladstone was on her knees talking to Child A telling him to take off the Santa costume. When he would not take it off himself, Ms. Gladstone said she removed the Santa boots and the pants. Child A then came from underneath the table and the top to the costume was removed. Ms. Gladstone said she did not believe she was being rough or "aggressive," with Child A. She said, "I removed the costume quickly but not roughly." Ms. Gladstone said she thought it was important to have Child A remove the costume in that moment because she felt as if she was being proactive because she knows that Child A becomes "very worked up," when he gets warm and sometimes disruptive. I then spoke with Ms. Natalie Guy-Hazzard, program director. She said she just learned about the incident that morning. Ms. McCarthy told Ms. Guy-Hazzard she was concerned because Ms. Gladstone came into the classroom saying Child A needed to take off the Santa costume "right now and wrestled him to get it off." Ms. McCarthy said Child A was kicking and screaming. Ms. Guy-Hazzard said the center has video recording and she had not yet had an opportunity to view the video recording. Ms. Gladstone told her she thought it was time for Child A to take off the Santa costume because Child A was trying to "become Santa," and appeared as if he was becoming "worked up." Ms. Gladstone also added removing the costume from Child A was not as "dramatic," as Ms. McCarthy "made it sound." When I spoke to Ms. Helen Panergo, child care staff member, she said the classroom did Christmas caroling for their parents and used a box of props. Child A chose the Santa costume. When they returned to the classroom all the children began taking off their costumes and putting the props away. Child A refused to remove the Santa costume. Ms. Pangero said she and Ms. McCarty tried to encourage him to take the Santa costume off because the other classrooms were going to do Christmas caroling as well. Ms. Pangero said when she went to give the props to the other classroom, she told them Child A was refusing to remove the Santa costume. The caregiver told her "it was no big deal; they were not planning to use the costume any way." All the children 3 were playing and Child A was not being disruptive while wearing the Santa costume. About 10 minutes after being in the classroom, Ms. Gladstone came into the classroom and said Child A needed to take off the Santa costume, but she did not say why. Ms. Gladstone told Child A it was time to take off the Santa costume, but he did not want to remove the costume. Ms. Panergo said Child A ran under the table and began kicking at Ms. Gladstone. Ms. Pangero said Ms. Gladstone was not rough with Child A but she did not feel it was "urgent" for Child A to take off the Santa costume in that moment. Ms. Pangero said Child A was "fine," and began playing after the Santa costume was removed and she does not have any concerns about what occurred. Next, I

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