• Violation

  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: TABLE4 Child Care Staff Member to Child Ratios Age Child Care Staff Maximum -Member to Child Ratio Grot Size ( Infants and toddlers, birth until 30 1 to 4 12 a) months of age ( Preschoolers. 30 months of age Ito 8 16 b until 3 years of age ( Preschoolers, 3 years of age until 4 1 to 10 Not applicable c years of age { Preschoolers. 4 years of age until Ito 12 Not applicable school-age School-veers Ito 18 Not applicable e)

  When I arrived on-site, I explained the allegation to the program director Ms. Miranda Carter. She stated that she did not have any concerns with the center not being able to maintain the required caregiver to child ratios. A walk thru of the center showed that all rooms were operating within the required caregiver to child ratios. On 04/28/2022, Special Investigation 2022D0718005 found the center in violation of the following rules: R400.8182(3)(a-c) Ratio and group size requirements. A corrective action plan, for these violations, was submitted and 1st approved on 05/09/2022 and the center was placed on a Provisional License. On 06/06/2022, I interviewed child care staff member Ms. Chasie Halmich. She reported that she always works in the toddler room (Room 102) and has never been out of ratio. "Always enough help when I arrive." On 06/06/2022, I interviewed child care staff member Ms. Shylee Cairns. She reported that over the last month she had worked in the preschool room (Room 103) and had never been out of ratio during that time. On 06/06/2022, I interviewed child care staff member Ms. Makenna Hath-Thelen. She reported that this was her first day at the center. On 06/06/2022, I interviewed child care staff member Ms. Jordan Smith. She reported that since Ms. Carter has started working at the center, she has not been out of ratio. "Always been in ratio when arriving or opening in the morning." On 06/06/2022, I interviewed child care staff member Ms. Tori Shattuck. She reported that since Ms. Carter started working at the center, she has always been within ratio. On 06/06/2022, I interviewed child care staff member Ms. Stephanie Heinritz. She reported that the center has been fully staffed for a while and so she has not been out of ratio. On 06/06/2022, I interviewed child care staff member Ms. Shanna Lawrence. She reported that she began working at the center on 04/25/2022 and has worked in all of the rooms except the infant room (Room 101). She has never been out of ratio or needed help. On 06/06/2022, I interviewed Child C's Mother. She reported that when dropping Child C (26-month-old female) off in the toddler room (Room 102), she has never had a concern with the number of children and adults present. On 06/06/2022, I interviewed Child B's Mother. She reported that she is one of the first parents to drop their child off at the center. Pretty frequently there is only one caregiver present in the toddler room (Room 102), but there is not usually more than four children present at that time. She said that she likes all of the child care staff members and during the last six months, she will get a text message to either keep 4 Child B (22-month-old female) at home or move her to the infant room (Room 101) due to accommodating the number of staff members and children in attendance. 5 On 06/06/2022, I attempted to interview Child A's Mother. I left a voicemail message requesting a telephone call back. As of the date of this report, I have not received a return telephone call. On 06/29/2022, I returned to the center for an unannounced on-site inspection. All of the rooms were in compliance with the required caregiver to child ratios. On 06/29/2022, child care staff member Ms. Heinritz reported that she has not been out of ratio since the last inspection on 06/06/2022. On 06/29/2022, child care staff member Ms. Bianca Castillon reported that she does not have any concerns with the center not maintaining the required caregiver to child ratio. Child care staff members Ms. Madeline Strong, Ms. Shanna Lawrence and Ms. Miranda Carter have each helped with covering for people when they take a break. On 06/29/2022, child care staff member Ms. Tori Shattuck reported that she has had no concerns with maintaining the required caregiver to child ratios. Ms. Makenna Hath-Thelen, Ms. Madeline Strong and Ms. Miranda Carter have each helped with covering for people when they take a break. On 06/29/2022, child care staff member Ms. Shanna La

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8110 · 1 R 400.8110 Applicant; licensee; licensee designee; requirements. (13) Smoking and vaping must not occur in or during both of the following: (a) In the child care center or on real property that is under the control of the center and upon which the center is located.

  On 06/06/2022, the complainant reported that one time when she arrived at the center, she could smell marijuana. It was an overwhelming smell that did not appear to be contained to one room but was throughout the entire center. On 06/06/2022, Ms. Carter reported that a child care staff member's employment with the center had been terminated on 05/31/2022 due to allegations of her smoking marijuana in her car while parked in the center's parking lot. Ms. Carter became aware of the incident when other staff members told her they had seen it posted on Facebook. When the employee was questioned about the incident, she did not confirm or deny whether she had or had not smoked marijuana on the premises. Ms. Carter stated she has never smelled marijuana on the premises before, but she also said that her sense of smell is not good and that she probably would not be able to smell it even if it was present. Since she has started working at the center, she has never had a child care staff member or parent approach her with having smelled it on the premises. The center shares the building with the Blended Learning Academies students. The students have sometimes been known to smoke marijuana after school hours or when leaving the premises. On 06/29/2022, I made an unannounced on-site inspection. During this inspection, as well as on the unannounced inspection on 06/06/2022, I did not smell any traces of marijuana on the premises. On 06/29/, I interviewed child care staff member Ms. Stephanie Heinritz. She reported she has worked at the center since 2020 and she has never smelled marijuana on the premises. On 06/29/2022, child care staff members Ms. Bianca Castillon, Ms. Tori Shattuck, Ms. Shanna Lawrence and Ms. Shylee Cairns all reported that they have never smelled marijuana on the premises and they have never had a parent mention to them that they could smell marijuana on the premises. On 06/29/2022, child care staff member Ms. KT Shattuck reported that she had had concerns with two child care staff members who no longer are employed at the center. She had heard about them using marijuana as she had seen their eyes appearing to have been glazed over and she could smell it on them. Due to the location of the infant room (Room 101) being located at the front of the building, sometimes when the windows are open, they can smell marijuana. She believes the marijuana smell is now coming from the house across the street. On 06/29/2022, child care staff member Ms. Jordan Smith reported that she had heard that a child care staff member, who no longer works at the center, was let go due to using marijuana. Sometimes in the summer, she can occasionally smell marijuana. She believes the smell is either coming from the house across the street or the students who attend the Blended Learning Academies. On 06/29/2022, child care staff member Ms. Annamarie Herman reported that the smell of marijuana left the center when the two child care staff members had been let go. On 06/29/2022, I interviewed the Director of School Services for the Blended Learning Academies, Ms. Kathleen Travis. The Blended Learning Academies is an at-risk high school learning program for approximately 100 students. The academy is located in a separate area from the approved child care space but is in the same building as the center. She said that the smell of marijuana could quite possibly come from the students. Whether the students would be smoking it themselves, are arriving on the premises smelling of marijuana or are being dropped off on the premises by people who have been or are smoking it. Ms. Travis reported that she has never had concerns with the house across the road smelling of marijuana due to the learning academy classrooms being located on the backside of the building and not in a location that is within close proximity to the house across the road.

• Violation

  R 400.8155 · .................................................................................................................................................................................................................._ I R 400.8155 Child accidents and incidents; child and staff illness. (4) If a center becomes aware that a staff member, volunteer, or child in care has contracted a communicable disease, then the center shall notify parents and provide all of the following information: (a) The name of the communicable disease the children were exposed to. (b) The symptoms of the disease. (c) Prevention measures as recommended by the U.S. Centers for Disease Control and Prevention (CDC) at the following website: ttps...'. w .cdc. av/D seasesC editions. 4

  On 04/11/2022, Child A's Mother stated she read on Facebook that several parents posted on a private group that children were sick with Norovirus at the center. Child A (female, 1 year) was sick for three days missing one day at child care and returned. Child A's Mother did not recall any posting at the center or being informed through the Brightwheel App used by the center. The center used to post when there would be communicable diseases; however, with the new director she does not post. When I arrived at the center on 04/11/2022 there was a note posted on the front door informing parents of a case of pink eye. Child care staff member Ms. Jordan Smith stated notes are put on the front door when there is a confirmed case of any communicable disease. Parents also receive notification through the Brightwheel App. Ms. Smith said the flu was going around but it was never confirmed by any parent or staff to be Norovirus. Parents were aware the flu was going around the center. On 04/11/2022, child care staff member Ms. Kaitlin Shattuck-Marsh stated she has not received any information from parents that anyone was diagnosed with Norovirus. Children sick are sent home and remain at home until well. When there is a confirmed case of any communicable disease, a note is put on the door and parents are sent notification through the Brightwheel App. On 04/11/2022, child care staff member Ms. Stephanie Heinritz stated there were no confirmed cases of Norovirus, just a stomach bug. The recent communicable disease diagnosed is pink eye. On 04/11/2022, child care staff member Ms. Tori Shattuck stated she had the flu on the previous Thursday and Friday. She said it was not Norovirus and felt better without taking any medication. On 04/11/2022, child care staff member Ms. Leah Patrick stated she had a stomach flu on 04/06/2022 and stayed home for two days. She did not see a doctor and returned to work when she felt better. 3 On 04/11/2022, child care staff member Ms. Cheyanne Perry stated just a few children at the center had a stomach bug. To her knowledge no child received a Norovirus diagnosis. During that period, extra deep cleaning was done in the classrooms. Parents were informed through the Brightwheel App. Ms. Perry also said she talked with parents when they picked up their children confirming they were aware of the flu bug. On 04/11/2022, child care staff member Ms. Jazzlyn Dunham stated a few children had a stomach bug that lasted 24 hours. No parents talked with her regarding anyone being diagnosed with Norovirus. On 04/11/2022, child care staff member Ms. Chasie Halmich was present during Ms. Dunham's interview and confirmed what she said and did not have any additional information to share. On 04/11/2022, program director Ms. Miranda Carter stated she is new to the center. She was not present during the period of time when a few children and staff had the flu bug. She is aware of licensing rules regarding notification to parents of communicable diseases. The center posts a note on the front door and sends information to parents through the Brightwheel App. On 04/27/2022, licensee designee Ms. Audrey Pallone-Bugeja stated no parent or staff mentioned Norovirus or was diagnosed with Norovirus. She was aware of the stomach flu that a few children and staff had. For communicable diseases the center's policy is to post a note on the front door for parents to view and send information regarding the disease to parents through the Brightwheel App.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  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: Age Child Care Staff Member Maximum Group to Child Ratio Size a)lnfants and toddlers, 1 to 4 12 birth until 30 months of age 7

  On 03/07/2022, I arrived at Little Scholars North Campus. I requested to speak to program director Ms. Morgan MacDonald and was told by child care staff members in the infant room she left the building to pick up lunch and she would be back shortly. I informed the child care staff members I was onsite for a special investigation regarding ratio of child care staff members to children. I explained I would walk through the building and count children and staff first, then return to interview staff in each classroom. Following is the count for each room upon arrival: • Infant classroom had twelve children present with two staff members, Ms. Kaitlin Shattuck-Marsh and Ms. Jorden Smith. Lead teacher Ms. Shattuck- Marsh stated child care staff member Ms. Aleeseya Hall was on her break for lunch. Child A (female, 3 months) was the youngest child present in care. • Toddler classroom had eight children present with lead teacher Ms. Jazzlynne Dunham. A second staff member Ms. Juliana Nichols walked up behind me in the hallway, wearing her coat and boots. She stated she was leaving the building to go and buy lunch and would be returning shortly. I asked her if she was going to leave one staff alone with eight children. She decided to remain with the teacher and entered the classroom. Child B (male, 1 year 6 months) was the youngest child present in care. • Preschool classroom had sixteen children present with child care staff member Ms. Chasie Halmich. The classroom lights were off and Ms. Halmich was laying on the floor, resting among the children that were also resting. Ms. Chasie Halmich stated lead teacher Ms. Maddie Brown left the building to go and get food for herself and had been gone about 5-10 minutes. Child C (female, 33 months) was the youngest child present in care. • Pre-K classroom had fourteen children present with lead teacher Ms. Stephanie Heinritz and Ms. Tori Shattuck. Child D (male, 3 years) was the youngest child present in care. I returned to the preschool classroom and interviewed Ms. Halmich. She stated it was her first time being left alone with sixteen children. She was laying on the floor resting since the children were resting. Generally, the classroom is left out of ratio while staff take breaks. Ms. Halmich has no other concerns. I asked Ms. Halmich what her plan was if she fell asleep and she was alone with the children. She stated she did not know. I explained to her she is required to provide appropriate care and supervision of children at all times. If she is laying down, on her stomach, and resting, then she is unable to supervise resting children appropriately. Even with an additional staff member present, she is required to supervise children appropriately. Ms. Brown returned to the preschool classroom carrying food. She stated she left the building to get food and was out of the building 10-15 minutes. Normally 4 someone is present in the building to give her a 30-minute break. During the last two weeks the center has not had an extra staff person to fill in for lunch breaks. The center has been out of ratio about five times, only during lunch breaks. Ms. Brown said she has no other concerns. I returned to the infant room and interviewed Ms. Shattuck-Marsh. She stated the center is out of ratio every day during breaks. The center is short staffed and does not have a staff member that is able to step in and cover when a staff member takes a break. Currently, staff are taking fifteen-minute breaks to eat and unwind. The infant classroom is out of ratio for about 45 minutes daily during this period. The center has been four staff members short for one to two months preventing staff from receiving full lunch breaks. Ms. Smith stated the infant room is out of ratio for about 45 minutes per day during break time only. The remainder of the day the infants have the appropriate number of staff to children, which is 1 staff to 4 infants. Staff are working long hours, 50-55 hours per week, with no days off. Th

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

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

  On 03/07/2022, the preschool classroom did not meet the required ratio of 1 child care staff members to 8 children. The center had one child care staff member present with sixteen children; the youngest child was 33 months of age. In addition, Ms. Brown stated the classroom has been out of ratio about five times during the previous two weeks during breaks.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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: Age Child Care Staff Member Maximum Group to Child Ratio Size c)Preschoolers, 1 to 10 Not applicable 3 years of age until 4 years of age

  On 03/07/2022, child care staff members Ms. Heinritz and Ms. Shattuck stated Pre-K classroom has not followed the required 1 child care staff member to 10 children ratio during breaks. For about one to two months, the center has been short staffed. Each day the room is out of ratio for thirty minutes while each staff member takes a fifteen-minute break leaving the remaining staff member to supervise children. An additional staff member was required to maintain appropriate ratio.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8176 · R 400.8176 Sleeping equipment. .................................................. .......................................... (13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or porta-crib with a resting or sleeping infant.

  On 01/21/2022, I completed an unannounced onsite inspection. Licensee designee Ms. Audrey Pallone-Bugeja was the only person present at the center. The center had temporarily closed and was expected to reopen on 01/27/2022. Ms. Pallone-Bugeja stated that she is not present during operating hours and that I would need to speak to the child care staff members who worked in the infant room. I requested to speak with the program director. She called the program director and said she would be onsite within a few minutes. I observed the infant room while waiting for the program director to arrive. There were three battery operated cradling swings, two bouncy seats and 10 cribs. The room was very clean and well organized, he cribs were located on one side of the room and on the other side of the room there was a designated tummy time area and a gated area for the cradling swings. I did not observe any blankets in the room. When program director Ms. Morgan MacDonald arrived, she stated that she had started working at the center on 01/03/2022. She occasionally works in the infant room helping to assist child care staff members when they leave the room to change a diaper, take a break or leave the premises to go to lunch. She stated there are only three child care staff members who work in the room; Ms. Katie Shattuck, Ms. Alesseya Hall, and Ms. Jorden Smith. The cradling swings are used to help sooth and calm the infants and provide them with movement to help them relax. The bouncy seats are used to entertain the infants. The center's policy for when children fall asleep in the cradling swings or bouncy seats is to immediately place them on their backs in a crib. She has never witnessed a child asleep in the swings or the bouncy seats. Some children bring their own blankets with them to the center, but she was unsure of who those children were. As far as she was aware, the only items children are allowed to have in the crib with them is a crib sheet, a pacific and a swaddling blanket. She further reported that she had not received any complaints or concerns in regard to infants sleeping in the swings or bouncy seats or having blankets over their faces. I returned to the center on 01/28/2022 to conduct an observation of the infant room and interview additional child care staff members. When I arrived in the infant room, there were three child care staff members present and eight infants. Child care staff members Ms. Kattie Shattuck and Ms. Chasie Hallmich were assisting infants with falling asleep in the cribs, while child care staff member Ms. Aleyssia Hall was playing with two infants in the tummy time area of the room. Three children were observed sleeping in the cribs with blankets. It was confirmed that all three of the infants were over one year in age. Child care staff member Ms. Alesseya Hall stated that she has worked in the infant room since October 2021. She confirmed that the cradling swings are used to help calm the infants. When she places a child in the swings, she stays near the swing 3 area so she can quickly remove them if they should fall asleep. The only time she uses a blanket with an infant, is if she is rocking them in the rocking chair. She does not allow infants to have blankets when they are in the cradling swings and they can only have a blanket in their crib if they are over the age of one. She has never witnessed an infant sleeping in one of the cradling swings or bouncy seats and she has never seen a child with a blanket over their face or near their face while sleeping. Child care staff member Ms. Katie Shattuck stated that she works in the infant room every day and has been employed with the center for two and a half years. She confirmed that the cradling swings are only used to soothe the infants and infants are only in them for approximately ten minutes at a time. Child A uses the swing for soothing, but since she is now starting to sit up, she wants to do more things. She has never witnessed Child A, o

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8176 · R 400.8176 Sleeping equipment. (6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping equipment.

  There was no evidence to support that Child A, or any other child, had been allowed to sleep in an unapproved space.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  R 400.8380 · R 400.8380 Maintenance of premises. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health or safety.

  Ms. Grant and Ms. Pallone-Bugeja ensured the building did not pose a threat to health or safety of the children. They provided extra outdoor play, contacting parents via two emails through Brightwheel, and closing Pre-K and Pre-School classrooms on 07/14/2021 when staff were concerned with the smell and dust created by adjacent rooms having flooring refinished.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  R 400.8840 · R 400.8840 Swimming activity area. (6) The use of hot tubs and private wading pools is prohibited.

  On 05/21/2021 three wading pools were filled with water and used by children birth through Pre-School. Ms. Pallone-Bugeja and Ms. Grant were unaware wading pools are prohibited from use.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  R 400.8330 · R 400.8330 Food services and nutrition generally. (23) Children shall not have beverage containers or food while they are walking around or playing.

  Ms. Pallone-Bugeja failed to ensure that children did not have food while they were walking or playing. On 05/21/2021 children in care were photographed standing, playing, and walking around while eating ice cream. Pictures were posted on Facebook.

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

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

  On 06/29/2021 I completed an onsite inspection. I explained the allegations to Ms. Mariah Grant, interim program director and reviewed pictures obtained from Facebook. Ms. Grant stated she has been employed at the center for over five years and wading pools have always been used outside for water day. She was unaware that wading pools are prohibited for use. During the summer months, the center has one day per week where children participate in water day, depending on weather. Sprinklers, water tables, and wading pools are used. Water day is on the grassy area outside the fenced in play area. The approved fenced in play area is not used for water day because the area gets too wet and muddy. Most days, infants and toddlers engage in water day as a group. After the infants and toddlers are finished and return inside the building, Pre-K and Pre-Schoolers exit the building for water day. Infants and toddlers will participate in water day for about 15 minutes up to one hour. Pre-K and Pre-Schoolers may spend as long as 2 hours outside engaged in water day. On 05/21/2021, it was the "kick off' to summer event and all the children in care were outside together as one group. Ms. Grant reviewed the attendance records for 05/21/2021 and said forty-one children were in care; five infants, nine toddlers, sixteen Pre-Schoolers, and twelve Pre-K children. Ms. Grant said ten child care staff members, including herself, provided care to the forty-one children. Ms. Grant reviewed pictures and staff attendance records confirming the following child care staff present: • Ms. Tory Shattuck, Lead Infant • Ms. Hailey Dean, Lead Toddler • Ms. Kaitlin Shattuck, Child Care Staff Member • Ms. Erikka Garcia, Child Care Staff Member • Ms. MaiDer yang, Child Care Staff Member • Ms. Jazzlynne Dunham, Child Care Staff Member • Ms. Alexis Duby, Lead Pre-School • Ms. Jorden Smith, Child Care Staff Member • Ms. Leah Patrick, Child Care Staff Member • Ms. Mariah Grant, Interim Program Director Ms. Grant stated she had two staff members on the north side of the grassy area as a barrier for the road. An additional two staff members were on the west side of the grassy area near the entry/exit driveway and the remaining six staff moved around assisting children where needed. There are three wading pools used with children in care. The wading pools have a small amount of water, approximately one inch deep for the infants and toddlers. The Pre-K and Pre-Schoolers have about four inches of water in the wading pools. Water from a hose is used to fill the wading pools and they are emptied after each session. The pools are rinsed out but not sanitized between use. Children in care engaged in water play in the morning, went in to the building for lunch and rest, then returned outside for more water play. In the afternoon, the center arranged for an ice cream truck to come. Children were outside when the ice cream truck arrived. Ms. Grant did not think the children washed hands prior to eating the ice cream. She reviewed pictures and confirmed some children were standing and moving while 4 eating their ice cream. Infants did not participate in water play in the afternoon or eat ice cream. On 06/29/2021, Ms. Kaitlyn Shattuck stated she arrived early to work to set up the outside for water day. It was a big day since it was the first water day of the summer. Infants and toddlers are kept closer to the building while Pre-K and Pre-Schoolers are farther back on the grassy area. Wading pools for infants and toddlers are filled with about one inch of water. All children were outside in the morning, went in for lunch, nap, and then all back outside in the afternoon. The schedule on 05/21/2021 for infants in care was approximately: • 9:30 AM — 10:00 AM infants went outside • 11:15 AM — 11:30 AM return to inside the building • 2:30 PM infant go back outside • 3:15 PM return to inside the building Ms. Shattuck stated infants did not go in to the wading pools in the afternoon nor hav

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8182 · 1 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 shall be 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.

  On 05/01/2021 the center had a mixed age group of children from 4 months through Pre-school. The child care staff member- to-child ratio is based on the youngest child in the group which would require a 1:4 ratio. Ms. Pallone-Bugeja did not maintain a 1 child care staff member to 4 children ratio when 41 children were in care with 10 child care staff members. An additional child care staff member was needed to maintain the required child care staff member-to-child ratio. ..................

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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: Age Child Care Staff Maximum Group member to Child Ratio Size a)Infants and toddlers, 1 to 4 12 birth until 30 months of age 7

  On 05/21/2021 Ms. Pallone-Bugeja did not maintain a maximum group size of 12 infants and toddlers when 41 children were present outside during water day with 10 child care staff members. Ms. Pallone-Bugeja was unaware maximum group size was required during outside play.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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: Age Child Care Staff Maximum Group member to Child Ratio Size b)Preschoolers, 30 months 1 to 8 16 of age until 3 years of age

  On 05/21/2021, Ms. Pallone-Bugeja maintained a 1 child care staff member to 8 children ratio for preschoolers 30 months of age through preschool during outside water day; however, she exceeded maximum group size of 16 when she had 41 children present in care with 10 child care staff members. Child B was present in care and he was 31 months. Ms. Pallone-Bugeja was unaware maximum group size was required during outside play.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8134 · R 400.8134 Hand washing. (3) Staff and volunteers shall ensure that children wash their hands at all of the following times: (a) Before meals, snacks, or food preparation experiences.

  On 05/21/2021 at approximately 2:00 PM, Pre-K children exited the building for afternoon water day. Children played until approximately 3:30 PM until the ice cream truck arrived. Pre-K children used hand sanitizer; however, they did not wash their hands with soap and running water prior to buying and eating ice cream.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8125 · R 400.8125 1 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times. • •' • i •-• p il• - • • -• 'f• - • • f' i • • f i • #- # ••l~I .

  On 10/05/2020 Child A's Mother stated Child A had been at the center in care since June 2020. Child B bullies Child A by telling him she and Child A's Father do not love him and they will never pick him up from child care. Child A's Mother tried to address her concerns with the program director, but was unsure if that was Ms. Mariah Grant or Ms. Catherine Ramos-Martinez. Child A is doing his virtual learning while in care at the center and was instructed by his public school teacher to have materials ready for use on 09/29/2020 for a zoom meeting he had; however, he was not allowed to get the materials and he told his public school teacher he was at a terrible child care. After reading the book Pinocchio at the center, Child A told his mother Ms. Grant told him he should dress up as Pinocchio for Halloween. Child A and was confused by the comment; however Child A's Mother thought Ms. Grant was insinuating he was a liar. Child A's Mother was unsure if he was part of the book reading because there are two separate groups of children in the classroom; virtual learners and preschool children. Child A's Mother talked with Ms. Grant on 09/30/2020 regarding the relationship between Child A and Child B and told Ms. Grant she thinks Child B is bullying Child A. Child A's Mother was told by child care staff members that Child B wrote a letter on 09/28/2020 that she wanted to harm herself. Ms. Grant told her child care staff members would be implementing behavior charts for Child A and Child B. Child A's Mother spoke with Ms. Ramos-Martinez on 10/03/2020 and discussed that the information that is being given to her is not accurate. Ms. Ramos-Martinez encouraged her to file a complaint with child care licensing. Ms. Ramos-Martinez told her Child A did write a letter that said she did not like herself, but nothing more. Child A's Mother thinks the child care staff members do not report information accurately to parents. On 10/06/2020 I made an onsite inspection and informed program director Ms. Catherine Ramos-Martinez of the allegations. She said Child A is very smart but does not always get along with other children. Child A is no longer enrolled in care, but while in care at the center Child A was doing virtual learning. There were times when Child A did not want to do his work or would purposely do his work incorrectly stating his mother allows him to do it that way. Ms. Ramos-Martinez said she works two days per week in the classroom; however, on 09/29/2020, the day of the occurrence, it was not her day to work in the classroom. Pre-K lead caregiver Ms. Mariah Grant does the employee schedules and has her working two days in the pre-k classroom, two days completing paper work, and one day off each week. Ms. Grant also schedules each child care staff member to work four 10-hour days each week with one day off. When Child A had an issue with the supplies he needed for virtual learning and Ms. Grant became aware of it, Ms. Grant went directly to Ms. Audrey Pallone-Bugeja, licensee designee, and discussed the problem with her. Ms. Ramos-Martinez said on the days she worked in the classroom, she never 5 witnessed behavior that was bullying in nature between Child A and Child B. Child A and Child B would not get along; however, she would talk to both children about (- Care rules; caring about each other's feelings and how to be kind. She never heard Child B tell Child A that his parents did not love him or would not pick him up from child care. During a conversation with Ms. Grant, Ms. Grant questioned whether the story was reversed. Perhaps Child A told Child B that her parents do not love her and they will not pick her up from child care because of the letter Child A wrote on 09/28/2020, which said she was a bad girl, she did not like herself, but she did not know why. After Child B wrote the letter, Ms. Strunk brought the letter to her attention and after reading it she approached Child B and told her positive things about herself; reass

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child.

  There is no evidence that Ms. Mariah Grant humiliated or shamed Child A by telling Child A he should be Pinocchio for Halloween because he is a liar. Ms. Grant and child care staff members were working on manners and had the children watch Pinocchio on YouTube. The story was a lesson on being truthful.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  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: (c) A child care staff member.

  On 09/16/2020 and 09/18/2020, Ms. Audrey Pallone-Bugeja, licensee designee allowed Ms. Tori Shattuck unsupervised contact with children in the preschool classroom, labeling her a volunteer and paying her until she was finger printed and determined eligible by CCBC on 09/23/2020. During a phone conversation with Ms. Pallone-Bugeja on 10/21/2020, she stated she did not have enough staff and thought she could be a volunteer until finger printed and determined eligible. ...............

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8112 · R 400.8112 Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (b) Maintain a copy of the completed and signed form or forms for each individual entered into the child care background check system under the license.

  Ms. Pallone-Bugeja, licensee designee did not ensure Ms. Tori Shattuck had a completed consent and disclosure form in her file. While onsite 10/21/2020, Ms. Ramos-Martinez was unable to locate the form. During the exit conference on 11/30/2020, Ms. Pallone-Bugeja stated Ms. Tori Shattuck completed a form prior to finger printing but was unsure of where it was at.

  Open Not marked corrected in the state record

  Category: background checks. Open / not marked corrected.

• Violation

  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. Audrey Pallone-Bugeja, licensee designee, did not ensure her program director was present at least 50%, not less than a minimum of 6 hours per day for a full day program. Ms. Ramos- Martinez worked four 10-hour days with one day off each week. One day each week, the center did not have a qualified program director on site for not less than 6 continuous hours.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  R 400.8113 · R 400.8113 Program director qualifications; responsibilities. ................................................ (3) All program directors are responsible for the general management of the center, including the following minimum responsibilities: (b) Administering day-to-day operations, including being available to address parent, child, and staff issues.

  Ms. Audrey Pallone-Bugeja, licensee designee assigned various parts of the program director's responsibilities to child care staff members preventing Ms. Ramos-Martinez from administering the general management of the center including day-to-day operations, addressing parent, child, and staff issues. Ms. Ramos-Martinez was not able to address staff scheduling issues including ensuring that lead caregivers and the program director are on site at least 6 hours per day.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (9) All program directors shall have at least 2 semester hours or 3.0 CEUs in child care administration or have an administrative credential approved by the department. These semester hours may satisfy a portion of the requirements of subrules (7) and (8) of this rule. The program director may also use 30 hours of administrative training from MiRegistry to meet these requirements.

  Ms. Pallone-Bugeja named Ms. Grant interim program director; however, Ms. Grant has not completed 2 semester hours or 3.0 CEUs in child care administration or have an administrative credential approved by the department.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8122 · 1 R 400.8122 Lead caregiver; qualifications; responsibilities. (2) At least I lead caregiver shall be assigned to each group of children in a self-contained or well-defined space and shall be present and providing care in the assigned group in the following manner: (b) At least 6 hours per day for programs operating 6 or more continuous hours. 15

  Ms. Audrey Pallone-Bugeja, licensee designee, did not ensure a lead caregiver was present at least 6 hours each day in the infant room, toddler room, preschool room, and pre-k room. Each lead caregiver worked four 10 hour days and had one day off each week. One day a week, each classroom did not have a qualified lead caregiver present for at least 6 hours.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  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.

  Ms. Pallone-Bugeja did not ensure appropriate care and supervision of children occurred when she allowed Ms. Isabella Guerrazzi, 17-years-old, to be an unsupervised child care staff member working with infants. Ms. Guerrazzi does not meet the requirements to be a child care staff member which poses a risk to children in care.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8125 · 1 R 400.8125 Staff; volunteer; requirements. (5) A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information: (a) The individual is aware that abuse and neglect of children is against the law. (b) The individual has been informed of the center's policies on child abuse and neglect. (c) The individual knows that all staff and volunteers are required by law to immediately report suspected abuse and neglect to children's protective services. 16

  Ms. Pallone-Bugeja did not ensure Ms. Guerrazzi and Ms. Shattuck signed written statements prior to hiring or volunteering indicating they were aware abuse and neglect of children is against the law; they were informed of the center's policies of child abuse and neglect, and they are required by law to immediately report suspected abuse and neglect to children's protective services.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8131 · R 400.8131 Professional development requirements. ............... (1) The center shall provide an orientation about the center's policies and practices and these administrative rules for all personnel hired after the effective date of these rules and before unsupervised contact with children.

  Ms. Pallone-Bugeja did not ensure Ms. Tori Shattuck received an orientation and had a certificate of training in her file prior to unsupervised contact with children on 09/16/2020.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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. 17

  Ms. Pallone-Bugeja did not ensure Ms. Tori Shattuck was trained on prevention of shaken baby syndrome, abusive head trauma and child maltreatment, and recognition and reporting of child abuse and neglect before unsupervised contact with children on 09/16/2020. Ms. Tori Shattuck did not complete the required training until 10/26/2020.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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.

  Ms. Pallone-Bugeja did not ensure Ms. Tori Shattuck completed prevention and control of infectious disease training, including immunizations before unsupervised contact with children on 09/16/2020. Ms. Tori Shattuck did not complete the required training until 10/26/2020.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8131 · 1 R 400.8131 Professional development requirements. (5) Within 90 days of being hired, or the first day as an unsupervised volunteer, all child care staff members and unsupervised volunteers who work directly with children shall complete the following trainings, which may count toward annual professional development hours and are available at MiRegistry: (a) Administration of medication. (b) Prevention of and response to emergencies due to food and allergic reactions. (c) Building and physical premises safety. (d) Emergency preparedness and response planning. (e) Handling and storage of hazardous materials and appropriate disposal of bio-contaminants. (f) Precautions in transporting children, if applicable. (a) Child development.

  Ms. Pallone-Bugeja did not ensure Ms. Tori Shattuck completed training in: administration of medication, prevention of and response to emergencies due to food and allergic reactions, building and physical premises safety, emergency preparedness and response planning, handling and storage of hazardous materials and appropriate disposal of bio-contaminants, precautions in transporting children, if applicable, and child development before unsupervised contact with children on 09/16/2020. Ms. Tori Shattuck did not complete the required training until 10/26/2020.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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: TABLE a Child rare Staff McEnber to Child Ratios Age Child Care Staff Maxuntun Member to Child Ratio Group Size ( Intiuth.: nd toddlers, birth until 30 Ito d 12 a) months of age ( Preschoolers, 30 mouths of age Ito 8 16 b) tuttil 3 yeais of aue ( Preschoolers. 3 years of age tuitil 4 Ito 10 Not applicable C ears Of aee ( Preschoolers. 4 years of age until Ito 12 Not applicable d) school-age School-agers 1 to 18 Not applicable e

  Ms. Pallone-Bugeja did not ensure appropriate child care staff member to child ratio was maintained when she allowed Ms. Guerrazzi to work in the infant room and count in ratio when Ms. Guerrazzi was not eligible to be a child care staff member. An additional child care staff member was needed to maintain compliance with appropriate child care staff member to child ratio.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

Child B (6-year-old, female) bullies Child A (6-year-old, male). Child A complained the center is bad and does not allow him to get his necessary items for virtual learning. The pre-K lead caregiver Ms. Mariah Grant told Child B to dress up as "Pinocchio," suggesting he is a liar. In addition, Child B wrote a letter stating she does not like herself.

Disposition: Substantiated