Horizon Learning Center

R 400.8131(4)(c) · R 400.8131(4)(c) Equipment. (4) Play equipment, materials, and furniture, must be all of the following: (c) Child-sized or appropriately adapted for a c hild's use.

On 7/22/2025, preschool children were allowed to utilize gymnastic equipment that is not child sized or appropriately adapted for use by children.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Appropriate care and supervision were not provided for Child A on 7/22/2025. Child A's arm was broken while attending the center.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Based on interviews with staff and video surveillance, Child A fell on a monster truck. It was observed Child A grabbing her bottom and crying after she fell on the truck. Teacher 1 was observed consoling Child A. Teacher 1 did not observe any marks on Child A; therefore, an incident report was never filled out. Teacher 1 informed Child A’s Mother of incident at when Child A was picked up at the end of the day on 8/5/2025.

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R 400.8213(1)(b) · R 400.8213(1)(b) Staff; volunteer (1) All staff and volunteers present at the center shall: (b) Act in a manner that is conducive to the welfare o f children.

Based on our findings, investigation, and review - which includes considering the investigation and findings of MDHHS -CCLB determines Teacher 1 is conducive to the welfare of children and is eligible to be associated with a child care organization.

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

Appropriate care and supervision were not provided for Child A (2 years of age). On 3/17/2025, Child A entered the center's parking lot alone while a vehicle was in motion.

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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.

CCSM 1 and CCSM 3 failed to provide appropriate care and supervision of Child A on 10/19/2022 when he was left unattended in front of the center during a transition to the playground. They were not aware that Child A was missing until Witness 1 returned him to the playground anywhere from one minute to five minutes after they arrived at the playground.

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R 400.8158 · 1 R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee designee, licensee designee 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: (a) A child is lost or left unsupervised. 7

Licensee designee Amy Englesman and program director Amy Sweitzer failed to notify Child A's parents and the department of Child A being left unsupervised within 24 hours of the 10/19/2022 incident.

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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. 4

On 06/30/2022 I received an email with an allegation stating that a child care staff member had been working at the center and had not been fingerprinted through the comprehensive background check system. Upon further email correspondence, the name and contact information of the child care staff member, Avary Lester, were provided to me. The complainant also shared that it was "common practice" at the center to allow individuals to work without the required background check. On 07/06/2022 I spoke with Avary Lester on the phone. She said that she worked at the center for "about a year, on and off." She did not work there continuously for a year, but sporadically. When asked if she had completed the comprehensive background check, she stated, "No, I never got fingerprinted." Ms. Lester said that she was usually with one other person when she worked in a classroom with children, but that she did take children to the bathroom. "Sometimes I was alone with them in there. If we were outside, I was usually with someone else but if a kid had to go to the bathroom, I was alone with kids for a period of time." Ms. Lester was counted in staff to child ratio when she worked in the classrooms. When asked if she knew about other child care staff members being fingerprinted, she replied, "there are a few other people who are working there who were never fingerprinted." She also did not sign any paperwork in regards to fingerprinting or background checks. On 07/12/2022 I completed an unannounced on-site inspection at the center. I interviewed Program Director Amy Sweitzer, who stated that she currently has 22 child care staff members working at the center. Ms. Sweitzer provided me with a staff list of 22 and said, "everyone on the list is fingerprinted, except for Ava. She's a sub, and she just started." When asked when specifically she started, Ms. Sweitzer said "mid- June. I gave her the form to be fingerprinted this week (the week of July 11)." When asked what form that was, she provided the comprehensive background check consent and disclosure form. Child care staff member Ava Ham fills in as a sub in the infant room, as the lead child care staff member in that room has been out periodically. "She works about two days a week in there. She's the only one who hasn't been printed. She's never alone with kids, always works with other staff." Ms. Ham does count in ratio when she fills in, and when numbers drop she is the first to go because she's subbing. Ms. Ham started working at the center on May 16 and is currently on the schedule as needed. Ms. Sweitzer did not have a consent/disclosure form on file for Ms. Ham. Ms. Sweitzer said that Ms. Ham is the only current child care staff member who is not fingerprinted. When asked about previous child care staff members being printed, Ms. Sweitzer said Annika Gierke worked at the center, but "not very long." She started on 03/14/2022 and she was no longer working there as of 04/25/2022. 3 She was "with kids a few times" in the infant room. Ms. Sweitzer provided Ms. Gierke with the consent/disclosure form but Ms. Gierke did not get fingerprinted. She gave her the forms a second time, but she still did not get printed and then she left employment. Ms. Sweitzer did have a consent/disclosure form on file for Ms. Gierke. I asked Ms. Sweitzer about child care staff member Avary Lester. She said she started "the second week of April and left the last week of May." "She was not a consistent staff member, she was a sub. She started subbing as needed." Ms. Lester was given the fingerprinting forms but she "did not turn them back in. She didn't get fingerprinted." Ms. Sweitzer did not have a consent/disclosure form on file for Ms. Lester. I reminded Ms. Sweitzer that the law states that all child care staff members must have a comprehensive background check completed and be determined Eligible prior to being with children in care. On 07/12/2022 I reviewed the staff list Ms. Sweitzer gave me and compared it to

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R 400.8112 · 1 R 400.8112 Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (a) Ensure that each individual who requires an eligibility determination under subrule (1) of this rule completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department. The forms are available on the department's website for the child care background check system, www.michigan.gov/ccbc. The form or forms must be signed and dated prior to the individual's appointment to be fingerprinted.

Ms. Sweitzer did not have signed comprehensive background check forms on file for child care staff members Ava Ham or Avary Lester.

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R 400.8112 · 1 R 400.8112 Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (f) Immediately disconnect each individual from the system once he or she is no longer a licensee, licensee designee, child care staff member, child care aide, or an unsupervised volunteer under the license. 5

On 07/12/2022 there were 19 individuals who were Eligible in the CCBC system and Connected, but no longer working at the center at that time. They were not disconnected immediately upon leaving the employ of the center.

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