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.

Based on interviews, it cannot be determined that child care staff members physically force-fed Child A.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8125(2) · R 400.8125(2) Staff; volunteer; requirements. All staff and volunteers shall act in a manner that is conducive to the welfare of children.

Analysis of conducive: Based on our findings, investigation, and review - which includes considering the investigation and findings of MDHHS -CCLB determines Kimberly Funk and LC 1 conducive to the welfare of children and are eligible to be associated with a child care organization.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8140(2)(h) · R 400.8140(2)(h) Discipline. Confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure.

Based on their own admission, Kimberly Funk, LC 1, CCSM 4, CCSM 7, and CCSM 12 placed children who were being disruptive in the cot room during rest time. Kimberly Funk and LC 1 were in a position of authority over the preschool staff, and they reinforced the expectation that all children were required to sleep during rest time by routinely moving children they deemed disruptive into the cot room at rest time. Kimberly Funk nor LC 1 discouraged preschool staff from using the cot room in this manner.

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. All staff and volunteers shall provide appropriate care and supervision of children at all times.

Based on staff, parent, and child interviews, Kimberly Funk, LC 1, CCSM 4, CCSM 7, and CCSM 12 failed to provide appropriate care and supervision when they placed children 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP who they deemed disruptive in the cot room during rest time. The cot room was not approved child use space, nor had it been inspected for lead hazards. Child B and Child E reported the cot room door being closed on children placed inside. LC 1 admitted to tending to other tasks inside and outside of the classroom after placing children in the cot room. Kimberly Funk and LC 1 were in a position of authority over the preschool staff, and they reinforced the expectation that all children were required to sleep during rest time by routinely moving children they deemed disruptive into the cot room at rest time. Kimberly Funk nor LC 1 discouraged preschool staff from using the cot room in this manner.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8530(1)(c)(ii) · R 400.8530(1)(c)(ii) Hazard Areas. Where the area used for the storage of combustibles does not exceed 100 square feet, by construction having a minimum 1-hour fire resistance rating. All door openings shall be protected by minimum 13/4 inch flush solid core wood doors or 20-minute labeled fire-rated doors in substantial frames and equipped with approved self-closing devices and positive latching hardware.

On 10/23/2024, Kimberly Funk was using the cot room for storage. The cot room did not have a fire door and frame assembly as required by this rule. Additionally, the door was not equipped with approved self-closing devices and positive latching hardware.

Open Not marked corrected in the state record

Category: physical safety. 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.

Kimberly Funk did not ensure that the cot room was approved as child use space prior to placing children in the room.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.8140(3) · R 400.8140(3) Discipline. Non-severe and developmentally appropriate discipline or restraint may be used when reasonably necessary, based on a child's development, to prevent a child from harming himself or herself or to prevent a child from harming other persons or property, excluding those forms of punishment prohibited by subrule (2) of this rule.

CCSM 5 did not use developmentally appropriate discipline or restraint when she placed Child F in a high chair when he was having a temper tantrum.

Open Not marked corrected in the state record

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. I

On 10/04/2021 Ms. Funk submitted an incident report to me via email, however I could not open this document. Ms. Funk mailed a physical copy of the report and this was received on 10/08/2021. Child A's Mother was notified of the incident on 09/30/2021 via phone. On 10/11/2021 I spoke with Child A's Mother. She stated she received an incident report from the staff members at the center and took this to Helen DeVos with her. During the car ride to the hospital, Child A was in and out of consciousness. She explained Child A was examined at this hospital and found to have a minor concussion and needed to have two staples. The doctor reviewed the incident report provided to Child A's Mother, which had explained Child A was pushed and fell on the back of her head. The doctor explained when people are pushed, there is resistance, but Child A's head would not have split in the manner it did if she was aware of what was happening around her. The injury is located on the back of her head and the injury shows no signs of resistance, which she would have had if she were pushed in the front. The doctor did not state this injury was due to abuse. Child A's Mother stated she was told different stories about Child A's injury such as Child A was playing and fell, or Child A was pushed. She stated she has concerns regarding Child B as he has repeatedly hurt Child A. Child B has bitten Child A on the shoulder and broke her skin. Child A's Mother stated she has received roughly four incident reports for marks Child A sustained over the last four months. She stated she knows of Child B because Child A tells her, but the staff members have never used names to identify incidents. She stated she does not recall the names of the staff members, but this incident occurred in the downstairs preschool room soon after drop, around 7:05AM. The incident is dated for 9/30/2021. She stated she has no concerns for the center as the staff member called her right after the incident happened, they had sent her a photo of the injury and washed her hair to clean the blood from her head. On 10/14/2021 I made an unannounced visit to the center and spoke with program director, Kim Funk. She explained she was at the center when the incident with Child A happened, but she was not downstairs. The two staff members present during the incident were Rebecca Shafer and Heather Murphey. Andrew Funk was returning to the center after walking a group of children to the school; she is not sure if he was present when the incident happened. She stated she ran into Andrew Funk who advised her Child A had a gash on the back of her head and he believed she needed stitches. She went downstairs to the preschool and observed Child A playing. She stated she asked Ms. Murphy what happened and was told there was a few children playing with the waffle blocks on the carpeted area, but she does not know what happened because she turned around for a moment. When she turned 3 back towards the children, she saw Child A was crying a little. She walked towards her, which is when she noticed blood on the back of her head and observed the gash. Ms. Murphy explained that Child A did not have a large reaction to the injury. Ms. Murphy reported Child A said Child B's name, but she can't recall exactly what was mentioned. Ms. Funk stated she spoke with staff members for a few days trying to piece together what could have happened; if Child A fell or if she was pushed. She stated staff members have told her that Child A and Child B have "a give and take" relationship and they both have "spit fire" personalities. However, Child A likes to play with Child B and vice versa. They both have pushed each other on occasion. She stated she does not believe their interactions are abnormal or more aggressive. Child B has been a frequent biter in the past, but he was absent during the summer and returned for the school year. She stated when he returned staff members had the normal plans of keeping a close watch on him

Open Not marked corrected in the state record

Category: supervision. 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) Preschoolers, 30 months of age until 3 years of age: Child Care Staff Member to Child Ratio: 1 to 8. Maximum Group Size: 16.

The youngest child in the downstairs preschool classroom was 2 years and 5 months in September 2021. Attendance records indicate the classroom is operating over the maximum group size with this age group as they average 20 children each day. Staff members report roughly 3 staff members present in the classroom. Ms. Schafer stated she had 25 children on 10/26/21.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.