Rosebrook Child Development Center

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

CONCLUSION: REQUIREMENT NOT MET CORRECTIVE Installed door alarms on the external doors, and did ACTION PLAN: additional training with staff on supervision of children. All new staff are getting additional training on supervision as well. We are now checking doors to make sure all alarms are still working, as well as walking through and observing that the classrooms are properly supervising the children. DATE COMPLIANCE 4/24/2025 and on going WILL BE ACHIEVED BY: Bureau

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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. 4

Appropriate care and supervision was not provided to Child A on 06/15/2022 when he was left alone and unsupervised in the classroom for 20 minutes while the rest of the class went outside.

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R 400.8170 · 1 R 400.8170 Outdoor play area. (7) The outdoor play area must be in a safe location.

On 06/23/2022, the preschool children were observed playing in a grassy area, behind the building. This area is not in a safe location for child care children and not approved space. ..................................................... .................................................................................................................................

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R 400.8170 · R 400.8170 Outdoor play area. (13) 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 center did not have verification that two pieces of play equipment had been inspected by a certified playground inspector to verify that they meet the guidelines defined by Consumer Product Safety Commission (CPSC) Handbook for I Public Plavaround Safety.

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R 400.8140 · R 400.8140 Discipline. ................................. ........ (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used. 1

On 04/05/2022, I privately spoke with Child A's Mother who stated that when she picked up Child A on 04/04/2022, she was told by child care staff member, Kendra Kozak, that he had rough day and did a lot of crying. Prior to leaving the center, Child A's Mother spoke with Child A who said he was mad because Ami put her legs over him while he was laying down to take a nap. Child A then told her that Ms. Ami put her hand the back of his head. Child A's Mother said his words were "she put my head down and I couldn't' breath." Child A then said he got up, went into the bathroom, shut the door, and started crying. When he tried to come out of the bathroom, Ms. Ami was holding the door and said she would not let him out unless he stopped crying. Child A's Mother asked Ms. Kozak for more information and was told that in Ms. Kozak's opinion, child care staff member, Ami Buck, was aggressive with Child A and that she left to take her lunch as they were trying to get Child A to take a nap so she is not sure what happened after she left. Child A's Mother then stopped in the office on her way out and spoke with licensee designee/program director, Rachelle Terrana. Ms. Terran did verify that she had reviewed the video footage. Ms. Terran observed Ms. Buck put her ankle on Child A, as well as her hand on the back of his head, and arm across his back because he was fidgeting. Child A's Mother was informed that it was a coping mechanism that Ms. Buck was using. Child A's Mother was aware that Child A does not like taking naps and the child care staff members would have him sit in the office. Child A's Mother requested to review the video footage but was denied. Child A is no longer enrolled in the center following this incident. On 04/06/2022, I privately spoke with licensee designee/program director, Rachelle Terrana. Ms. Terrana indicated that on 04/04/2022 Child A's Mother came to her with concerns that she was told that Child A was being held down on his cot and locked in the bathroom during nap time by child care staff member, Ami Buck. Ms. Terrana told Child A's Mother that she would investigate her concerns and give her a call. Ms. Terrana reviewed the video footage and witnessed Ms. Buck to have her ankle on Child A's ankle, but that she was not "holding him down" The video footage also showed Child A to run into the bathroom and lock himself in there. While inside the bathroom, Ms. Buck was standing outside the door and talking to him. It appears that Ms. Buck was trying to get Child A to unlock the door because Ms. Buck was observed to go and get something to unlock the door and Child A then came out. Ms. Terrana denied that Child A was locked in the bathroom by child care staff members and not allowed to get out. 3 On 04/08/2022, I observed video footage from 04/04/2022 of Child A in the classroom following lunch time beginning at 12:19 PM to 1:11 PM. The video footage shows child care staff members, Ami Buck, Esmeralda Alvarez, and Kendra Kozak helping the children transition from finishing lunch to nap time. Children can be observed laying on their cots and going to sleep or some were reading a book. During this hour-long footage, Child A was observed to be on and off his cot getting books and going back and forth to the bathroom. The child care staff members were observed to follow him and appropriately guide him back to his cot. At one point, Child A is observed to be running around the room, in the front curtains, and even attempts to leave the classroom. Child A also trips over another cot, waking that child, tripping, and falling. The video does show when Child A went into the bathroom, alone, and shuts the door. The light to the bathroom is on, Ms. Buck and Ms. Alvarez are outside the bathroom door and appear to be trying to get Child A to open the door. Ms. Buck is observed to get something to unlock the door. When Child A comes out, she picks him up and carries him to his cot. As she was walking Child A to the cot, he was

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R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee 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: (b) An incident involving an allegation of inappropriate contact.

An allegation involving inappropriate contact from Child A's Mother was made to the center on 04/04/2022 and was not reported to the department within 24 hours.

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R 400.8167 · R 400.8167 Indoor space. (3) 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. ..... ... .............. ................... .......... ..................

The center office is not approved child use space and should not have been used by Child A.

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R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On 04/05/2022, I privately spoke with program director, Rachelle Terrana, who stated that on 03/30/2022, she was walking through the Toddler classroom to go into the office. That is when, out of corner of her eye she thought she saw CCSM1 smack Child A. Ms. Terrana went into office and looked at video which showed Child A take off his gloves and throw them. That is when CCSM1 smacked him on the hand. CCSM1 then grabbed Child A's arm and was saying something to him, however it could not be heard. CCSM1 then put Child A's gloves back on and the class went outside. The incident occurred at approximately 10:30 AM. Ms. Terrana and licensee, Melanie McPeake, spoke privately with CCSM1 later that day when she was ready to go to lunch. Ms. Terrana asked CCSM1 what happened with Child A. CCSM1 responded that Child A threw his gloves, so she put them back on before they went outside. CCSM1 had no recollection that she had smacked him. Ms. Terrana told CCSM1 that the incident was observed on video, but she still did not recall smacking him. CCSM1 was not shown the video footage and Ms. Terrana did not recall if CCSM1 requested to view it or not. CCSM1 was then terminated and sent home on 03/30/2022. I asked Ms. Terrana if there had been any previous concerns with CCSM1. In the beginning of March 2022, CCSM3 had come to her and expressed concern that CCSM1 was a little rougher with the children than she should be. CCSM3 reported that she observed CCSM1 pick Child B up by the arm and walk, nearly drag, him across the room. Ms. Terrana did observe this on video footage and action was taken. I requested to view the video footage; however, it was no longer available due to the time frame. CCSM1 was disciplined with a 1 day, unpaid suspension. Ms. 1/2 Terrana provided me with a copy of the discipline notice that CCSM1 signed and was dated 3/22/22. CCSM1 was also required to take training on how to positively redirect a child and have control of the classroom. Ms. Terrana described CCSM1 to be very remorseful and was crying. I asked Ms. Terrana about CCSM1's temperament with the children and she described her to be rougher with the children that they would like or find appropriate. After the incident with Child B, CCSM1 was supposed to participate in training, however the incident with Child A occurred one week later on 03/30/2022 and there was not time. It was after the incident with Child A that CCSM1 was terminated. 3 I asked Ms. Terrana if she had informed Child A's Mother regarding the incident and she reported that she had not. Child A remains enrolled at the center. Additionally, Ms. Terrana did not recall having a conversation with Child B's Mother regarding his incident with CCSM1. The incident involving Child B was not reported to the department. On 04/06/2022, I privately spoke with Child A's Mother. Child A has been attending the center since July 2021 and attends Monday to Friday. He is in the Toddler Room. Child A's Mother stated that she received a call from Ms. Terrana on 04/05/2022 informing her that CCSM1 had slapped Child A on the hand. Child A's Mother shared that CCSM1 messaged her after her employment was terminated from the center stating, "that she did not do it and they would not show her the video." CCSM1 did not tell Child A's Mother why she was fired, nor that it was because she smacked her child. Child A's Mother did report that CCSM1 is a little rough with the children. If they are doing something they are not supposed to, CCSM1 will grab them and pull them away from what they are not to be doing. Also, a few weeks ago her husband had made the comment that CCSM1 "does pull those children around the room." Child A's Mother indicated that she had never seen CCSM1 be inappropriate with Child A and he is only one years old and does not know. There are no other concerns with the center and Child A remains enrolled. On 04/06/2022, I privately spoke with CCSM1. She has been working for the center since it opened in Novemb

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R 400.8140 · R 400.8140 j Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflictina other forms of coraoral aunishment. 7

Child A was spanked on the hand on 03/15/2022 and 03/30/2022 as a form of punishment.

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MCL 722.115m Child care center, group child care home, or family child care home; requirements for licensure. (2) ...If the department determines that a service, facility, applicant, licensee, child care staff member, or member of the household is not conducive to the welfare of the children, the department shall deny that application or revoke that licensee's license according to section 11.

Child Care Staff Member 1 is not conducive to the welfare of children based on her utilizing inappropriate discipline methods. She has been observed by CCSM2, CCSM3, and program director, Rachelle Terrana, to grab Child A and smack his hands. She was also observed to grab Child B and smack his hand. CCSM1 has been observed to aggressively grab Child A and Child B on different occasions and drag them to different locations. This was the second investigation involving inappropriate discipline with CCSM1. The location of the center is the same, however it is under a different license. The first investigation also had findinas of inaaaroariate discipline.

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R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee 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: (b) An incident involving an allegation of inappropriate contact.

The licensee did not report to the department or to Child A and Child B's parent incidents involving the allegation of inappropriate contact. The incident with Child A occurred on 03/30/2022. The incident with Child B occurred on 03/15/2022 and 03/22/2022.

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R 400.8185 · R 400.8185 Primary care. (2) The center shall implement a primary care system so that each infant and toddler has a primary caregiver.

The facility did not have an established primary care system so that each infant had a primary caregiver.

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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 February 17, 2022, Child Care Licensing received allegations that caregivers at Rosebrook Child Care were not properly taking care of Child A. The written complaint detailed how Child A was in care for two days, and during those two days his diaper was not changed consistently, he was fed inappropriate amounts or fed at all, he was fed spoiled milk, and records were not kept accurately. In the allegations, the complainant described that when Child A was picked up from Rosebrook on the second day his clothes were dirty, and he was dry heaving. According to the records, the complainant has documented CCSM Jodi Layne was watching Child A in the morning around 8:30AM and fed Child A the correct amount. Then the updates on the on-line infant daily sheet stopped. When the complainant called to question about what was going on she could not get an answer from Child Care Staff Member (CCSM), Kaitlyn Jacobs, about the specific food fed or when it was fed to Child A even though it was Ms. Jacobs who was documenting everything on Child A's infant daily sheet. The food that was fed to Child A was changed, amounts of formula changed, and the time the formula was fed changed. The complainant believes that Child A's bottle was left out unrefrigerated for longer than an hour. Due to the inappropriate feeding schedule the complainant stated that Child A received medical treatment for dehydration (Pedialyte) and upset stomach for spoiled milk. During the investigation, I left messages for Child A's Mother and the complainant. I was following up on the not changing of Child A's diaper and to describe the dirty clothes. I did not receive a response. On February 22, 2022, I conducted an unannounced inspection at Rosebrook Child Care. Upon arrival I met with Program Director/Licensee Designee Rachell Terrana. Ms. Terrana explained that the facility is under new ownership, and she has been at the facility for a short time in the capacity of program director. She admitted that the staff is a mixture of new employees and carry over employees from the previous owner. She is still learning everyone's strengths and weaknesses along with their training of the rules. Ms. Terrana admitted that she was aware of the allegations made against the facility. She had already spoken with Child A's Mother about his care at the center and the treatment he received for diarrhea and being lethargic. She explained that assistant program director, Amber Frisbie, is working as the lead caregiver in infants and primary care assignments have not been established. Child A did not have an assigned CCSM when he was enrolled for his short time at the center. 3 On Child A's first day he was cared for by both CCSM Jodi Layne and Ms. Frisbie. There did not seem to be any issues regarding his first day. On the second day, Child A was primarily watched by Ms. Layne, not Kaitlyn Jacobs as the records claim. Since Ms. Layne was a new employee she was not entering information on the on-line infant daily sheets. She was telling the information to Ms. Jacobs who was then entering the information. Ms. Terrana was in the infant room that morning monitoring. It was her understand that Child A was fed 4 ounces at 10AM and then prunes at 11:45AM. This would have been in addition to the earlier bottle. According to Ms. Layne, Child A was fed another bottle in the early afternoon. It was possibly the fourth bottle that Child A did not drink that was the bottle Ms. Layne left it on the counter for more than an hour. There is an unknown amount of how many bottles that Child A came in with on February 15, 2022. Ms. Terrana knows that Child A had two bottles in the morning and prunes. He ate that day and did not display any of the symptoms that Child A's Mother stated that he had later in the day. She is unsure how much of the bottle that had been left out was drank by Child A. She noted that Ms. Layne is no longer employed at the facility. After our interview, Ms. Terrana took me on a tour of t

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R 400.8330 · ................. R 400.8330 Food services and nutrition generally. (18) The contents of a bottle or beverage container must be discarded if any of the following apply: (a) The contents appear to be unsanitary. (b) The bottle or beverage container has been used for feeding for a period that exceeds 1 hour from the beginning of the feeding. (c) The bottle or beverage container requiring refrigeration has been unrefrigerated for 1 hour or more.

On February 15, 2022, Child A's bottle containing formula had been left out, unrefrigerated for over an hour then the contents were fed to him by CCSM Jodi Layne.

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R 400.8185 · R 400.8185 Primary care. (1) As used in this rule, "primary caregiver" means the child care staff member to whom the care of a specific infant or toddler is assigned. The primary caregiver is responsible for direct care, verbal and physical interactions, primary responses to the child's physical and emotional needs, and continued interaction with the child's parents regarding the child's experiences.

During Child A's enrollment he had not been assigned a primary caregiver to be responsible to meet his needs and provide information to Child A's parents in an accurate and timely manner.

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