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 October 6, 2021 I made telephone contact with Child A's mother. She reported that on September 29, 2021 she arrived to pick up her child and was told she was in the bathroom in the barely 3's room. She stated that the rest of the class was out on the playground, but a child care staff member, who's name she didn't know, was in the Barely 3's room and appeared to be cleaning. The child care staff member did not check on Child A and after a few minutes Child A's 2 mother went into the bathroom. She found Child A with smashed feces in her pull up, down her legs, and on the toilet seat. She was attempting to clean it up but was just smearing feces everywhere. Child A's mother stated that she cleaned up her child, washed their hands and left the facility. She was so frustrated she just wanted to get out of the facility and did not say anything to the child care staff member that was in the room. On October 7, 2021, I completed an unannounced onsite inspection at the facility and interviewed licensee/program director, Melissa Jaglan, and child care staff members Sarah Sterling and Lillian Tomasiello. Ms. Jaglan reported that she was not aware of the incident in the bathroom, but that child care staff members are trained to keep the door to the bathroom open at all times so they can supervise the children that are potty training. She reported that she would find out which staff member was in the room that afternoon. Ms. Sterling reported that she is the lead caregiver in that room, but she leaves at 3:30pm and was not present when the incident happened. She stated that usually Child A does not want staff going into the bathroom with her. Ms. Tomasiello stated that she was the child care staff member that brought Child A in from the playground to go to the bathroom. She reported that Child A saw her mother pull into the parking lot, so they were headed in to get her things together. On the way inside, Child A said she had to go to the potty. Ms. Tomasiello said that Child A went into the bathroom and closed the door. Shortly after Child A went into the bathroom her mom came into the room. She stated she did not check on Child A because her mom was there and "I figured her mom would handle it." She reported not being aware that Child A had an accident in her pull up because she usually asks to be changed when she has an accident. She did not check Child A's pull up before sending her into the bathroom. On November 15, 2021, I made telephone contact with Child B and C's mother, Child D and E's mother, and Child F's mother. They reported they have not had any issues with their children having feces on them from not being helped in the bathroom and they believe diapers are being checked and changed when accidents occur.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

Child A's mother reported that on September 29, 2021 at pick up she received an incident report for her child saying she was put into a "calm down chair" as a behavioral correction. She stated that Sarah Sterling was the staff member to complete the report and she was not present at the time of pick up to explain what that meant. Child A's mother stated that normally when Child A has any issues information is sent through the app the facility uses, Brightwheel, but this seemed more serious and had no explanation. Child A `s mother reported that Child A is not 3 years old yet and should not be placed into a time out. Ms. Jaglan reported that Child A does tend to get aggressive with child care staff members and on that day she kicked a staff member during a diaper change. She explained that the calm down chair is not the same as a time out. The chair is 4 located by the library and children are given a book or a calm down kit that has different toys available. Ms. Sterling reported that on the day she completed the incident report Child A was having multiple behavior issues that included throwing fits, kicking a child care staff member during a diaper change, and hitting another child. After she hit the other child she was removed from the other children and taken to the calm down chair. Ms. Sterling explained that she talked with Child A and said, "It is not okay to hit our friends and if you can't be nice you need to sit by yourself to calm down." She stated she was in the calm down chair for 1-2 minutes and she was given a book to look at and her stuffed animal to sooth her. Ms. Tomasiello reported she was not working in the classroom at the time Child A was placed into the calm down chair. While onsite I observed the calm down chair. It is in the back of the room facing towards the rest of the classroom and next to the library. It is a comfortable chair and is not separated from the classroom space.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (i) Time out must not be used for children under 3 years of age.

Child A was placed in the calm down chair on September 29, 2021, but she was spoken with about her behavior and given a book to look at and her stuffed animal to sooth her. She was not placed into a time out. I

Open Not marked corrected in the state record

Open / not marked corrected.

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

On June 1, 2021, I received an email from Licensee/Program Director Melissa Jaglan reporting that a former employee is making allegations regarding physical discipline and attacking current employees. On June 4, 2021, I made telephone contact with Child A's mother, Child B's mother, Child C's mother, and Child D's mother. Child A's mother reported that Ms. Horein is the new lead caregiver in the preschool room, and she has had no concerns. She 2 stated that the previous lead caregiver was not friendly, and she did make complaints about her in the past to Ms. Jaglan. Child B's mother stated that her daughter has never mentioned anything about Ms. Horein and she has no concerns. Child C's mother reported that when the former lead caregiver was there her daughter never wanted to go to the child care. Since Ms. Horein has taken over as lead her daughter seems more comfortable going into the classroom. Child D's mother reported that Ms. Horein was her child's caregiver in the 3's room before recently being moved to preschool. She has never had any concerns with the care and discipline provided. On June 10, 2021, I emailed Ms. Jaglan ask about Ms. Horein. She reported that she is still working at the child care and she has no concerns. She has met with multiple parents who also report no concerns. On June 21, 2021, I completed an unannounced onsite inspection at Little Scholars and interviewed Ms. Jaglan, Ms. Horein, and staff members Lissa Saad and Alexis West. Ms. Jaglan reported she is having a problem with a former staff member constantly trying to report issues that will lead to investigations. She has never received a complaint about Ms. Horein from any parent or current staff member. Ms. Horein reported she is devastated to have these allegations against her. She has dedicated her life to caring for children and she would never hurt them. Ms. Horein said she has held children's upper arms when they are throwing a fit, so they don't hurt themselves, but it has never been a form of discipline. She has never had any complaints from parents and she has no idea where these allegations are coming from. Ms. Saad and Ms. West reported they have worked with Ms. Horein many times and they have never seen any inappropriate discipline or had any concerns. On June 4, 2021 and July 12, 2021 I attempted telephone contact Child E's mother, but was unable to make contact.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8110 · R 400.8110 Applicant; licensee; 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 aide, and volunteer.

On May 17, 2021 I made telephone contact with former staff members, Kaitlyn Moyer and Alexis Aumack and current staff member, Sarah Sterling. Ms. Moyer reported that she was previously employed at Little Scholars and was the assistant director. She reported that Owner/Program Director, Melissa Jaglan is not at the facility for six hours a day. She stated that on average she would come in for two-three hours in the morning and then be gone for the rest of the day. Ms. Aumack was unable to say what an average schedule was for Ms. Jaglan because she was always coming and going at different times. She was unsure if she worked for six hours a day. Ms. Sterling reported that on average she believes Ms. Jaglan works from 7am to 2pm. On May 20, 2021 I completed an unannounced onsite inspection and interviewed staff members, Karen Horein, Alexis West, and Ms. Jaglan. Ms. Horein reported that Ms. Jaglan gets to the facility around 8:30am and leaves at noon. She then comes back around 2:30pm and works until close at 6:00pm. Ms. West stated that Ms. Jaglan's hours are normally around 8:00am to 12:00pm and 3:00pm to close. Ms. Jaglan reported that her normal hours are around 8:30am to 12:00pm and then she comes back by 3:00pm and works until close at 6:00pm. I asked to review the attendance records to verify her hours. Ms. Jaglan reported that she does keep attendance records for the staff, but she does not keep them for herself. On June 4, 2021 I made telephone contact with Child A's mother, Child B's mother, Child C's mother, and Child D's mother. They did not report any concerns with Ms. Jaglan's hours. They stated she is available when they need her, and she is seen at the facility every day. Telephone contact was attempted with Child E's mother, but contact was not made.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8113 · R 400.8113 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.

Ms. Moyer reported that many times while she worked at the facility, she would be left alone with 10 children and some of the children were 2 years old, requiring a 1 to 4 ratio. She explained that in the morning the children would be combined into one room from different age groups. Ms. Moyer was told "We cannot afford to have another staff member come in until there are more children." Ms. Aumack and Ms. Sterling did not report any concerns with ratio. During my onsite inspection on May 20, 2021, I did not see any concerns with ratio. Ms. Jaglan, Ms. Horien, and Ms. West did not report any issues with ratio. They stated that the children who first arrive are kept in the infant room until the numbers are higher, but they maintain the ratio of the youngest child in the room. Once there are enough children and staff members the children are moved to their assigned rooms. Child A's mother, Child B's mother, Child C's mother, and Child D's mother did not report any concerns with ratio. 2nd On June 21, 2021 I received a complaint regarding concerns for ratio. I completed an unannounced onsite inspection that afternoon. Upon my arrival Ms. Jaglan and Ms. Horien were on the playground with the 3's room and the preschool room. There was a total of 12 children present. One of the children was Ms. Jaglan's child who is under 30 months; therefore, they should have been following a 1 to 4 ratio. 4

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. (7) If there are children of mixed ages in the same room or well-defined space, then the ratio and group size is determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child care staff member-to-child ratios and group sizes, if applicable, for each age group are maintained.

The complaint received on June 21, 2021 also reported that new staff members are not receiving proper training before being placed into classrooms. During my onsite inspection I reviewed new staff member files. Ms. Jaglan reported that she does not have copies of the required trainings for their files, but their training records should be maintained on MiRegistry. On June 28, 2021 I reviewed MiRegistry for new staff members, Lissa Saad, Abrielle Morsman, Cassandra Schoonbeck, and Sarah Locke. Ms. Locke was the only new staff member who completed prevention of shaken baby syndrome, abusive head trauma and child maltreatment, and recognition and reporting of child abuse and neglect training before caring for children. She is also the only staff member who completed prevention and control of infectious disease training, including immunizations before unsupervised contact with children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8131 · R 400.8131 Professional development requirements. (3) Before caring for children, all child care staff members and unsupervised volunteers who work directly with children shall be trained on prevention of shaken baby syndrome, abusive head trauma and child maltreatment, and recognition and reporting of child abuse and neglect. 5

Three out of four new staff members were not trained on prevention of shaken baby syndrome, abusive head trauma and child maltreatment, and recognition and reporting of child abuse and neglect before caring for children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8131 · 1 R 400.8131 Professional development requirements. (4) Before unsupervised contact with children, all child care staff members who work directly with children shall complete prevention and control of infectious disease training, including immunizations.

Three out of four new staff members have not completed training on prevention and control of infectious disease training, including immunizations before unsupervised contact with children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

The facility did not provide appropriate care and supervision when Child A, Child B, and Child C were left unsupervised for 4 minutes and 23 seconds after leaving the preschool classroom, going down the stairs, and playing by the entrance vestibule. .......................... ............ ..... .....................................

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8107 · R 400.8107 Applicant qualifications. (1) An applicant shall meet all of the following qualifications: (d) Demonstrate a willingness and ability to comply with the act and these rules.

Ms. Jaglan did not demonstrate a willingness to comply with the rules when she failed to notify the department and the parents that children had been left unsupervised. She told Ms. Aumack that she reported the incident to licensing, showing she was aware of the requirement to report the incident. Ms. Jaglan reported on two occasions that the parents were notified of the incident; however, when I interviewed Child A's mother, Child B's mother, and Child C's mother they reported they were never notified of the incident.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.