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. (b) Placing any substances in a child's mouth, including but not limited to, soap, hot sauce, or vinegar. (c) Restricting a child's movement by binding or tying him or her. (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child. (e) Depriving a child of meals, snacks, rest, or necessary toilet use, (f) Excluding a child from outdoor play or other gross motor activities. (g) Excluding a child from daily learning experiences. (h) Confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure. (I) Time out must not be used for children under 3 years of age. 611 W. OTTAWA • P.O. BOX 30064 • LANSING, MICHIGAN 48909 www.michigan_gov/1ara .51( -335-1980

On 2/9/2023, I completed an unannounced on-site inspection at the child care center. Program director Emily Allor-Hilla said she was aware of the allegations. Ms. Allor-Hilla confirmed she completed a verbal and written report of the incident to her assigned licensing consultant, Jessica Rindfleisch. Ms. Allor-Hilla said on 1/19/2023, CCSM 1 came to her office and asked if she could take a break because CCSM 1 was feeling frustrated with Child A. CCSM 1 told Ms. Allor-Hilla "I'm afraid I'll put my hands on him." Ms. Allor-Hilla agreed to go the classroom to relieve CCSM 1 for a break. Ms. Allor-Hill and CCSM 1 went to the classroom together. CCSM 1 picked up her belongings and left the classroom while Ms. Allor- Hilla remained in the classroom. Before CCSM1 left the classroom, Ms. Allor-Hilla heard CCSM 2 encourage Child A to apologize to CCSM 1. Ms. Allor-Hilla said Child A did not seem upset and the classroom seemed to be transitioning from lunch time to nap time in a calm manner. CCSM 1 returned to the classroom about 15 minutes later. Ms. Allor-Hilla said CCSM 1 appeared to be calm and CCSM 1 said she was ready to return to the classroom. Ms. Allor-Hilla returned to her office. Ms. Allor-Hilla said the following day, 1/20/2023, Child A's Guardian came to Ms. Allor-Hilla's office and asked what happened between CCSM 1 and Child A. Child A's Guardian said CCSM 1 approached her at pick-up time on 1/19/2023 and apologized, stating she put her hands on Child A. Child A's Guardian gestured by putting her open palmed hand on top of her head. Ms. Allor-Hilla told Child A's Guardian she was not aware of any incidents involving CCSM 1 and Child A but she agreed to check into the situation. Ms. Allor-Hilla said CCSM 1 was not working on 1/20/2023 so she called CCSM 2 into her office to inquire about the situation. CCSM 2 told Ms. Allor-Hilla that on 1/19/2023 Child A started hitting CCSM 1 because CCSM 1 was not getting Child A's food fast enough. CCSM 2 said CCSM turned Child A's chair around and then left the classroom. Ms. Allor-Hilla asked CCSM 2 if CCSM 1 put her hand on Child A's head during the interaction. CCSM 2 denied that she observed CCSM 1 place her hand on Child A's head. Ms. Allor-Hilla asked CCSM 2 to complete a written report of what happened on 1/19/2022. Ms. Allor-Hilla said CCSM 2 submitted a written statement on 1/20/2023. CCSM 2's written statement was consistent with her verbal statement. Ms. Allor-Hilla called CCSM 1 on the telephone on 1/20/2023 to inquire about the incident. CCSM 1 told Ms. Allor-Hilla Child A was hitting her on the legs repeatedly, so she put her hand on his head to distance Child A from herself. CCSM 1 told Ms. Allor-Hilla she does not believe she put her hands on Child A's head in an aggressive manner, she was only trying to protect herself from being hit repeatedly by Child A. CCSM 1 told Ms. Allor-Hilla this was the point where she realized she should take a break from the classroom because she felt herself becoming increasingly frustrated with Child A. CCSM 1 said she apologized to Child A's 611 W. OTTAWA . P.O. BOX 30664 . LANSING, MICHIGAN 48909 www. michigan.gov/lara . 517-335-1980 Guardian during pick up time on 1/19/2023 because she felt bad about how frustrated she became with Child A. Ms. Allor-Hilla spoke with CCSM 3 who was also working in Child A's classroom on 1/19/2023. CCSM 3 said she did not observe anything unusual between CCSM 1 and Child A on 1/19/2023. CCSM 3 said she was near CCSM 1 during pick-up time, so she overheard CCSM 1 apologize to Child A's Guardian. CCSM 3 asked CCSM 1 about the apology to Child A's Guardian. CCSM 1 told CCSM 3 she "palmed" Child A's head. CCSM 3 demonstrated by placing her open palmed hand on top of her own head. After speaking to all the child care staff members who worked in Child A's classroom on 1/19/2023, Ms. Allor-Hilla called Child A's Guardian to discuss her findings from speaking to everybody. Ms. Allor-Hilla said she believed Chi

Open Not marked corrected in the state record

Category: nutrition. 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 09/26/2022, Ms. Griffin reported to me that there was an alleged incident of a child being scratched by a child care staff member. She later submitted a written incident report regarding the incident. Emily Allor-Hilla, program director, stated that on 09/22/2022, Child Care Staff Member 3 informed her that Child A's Mother and Father wanted to discuss a situation regarding Child A with her. Ms. Allor-Hilla walked down to Child A's 3 classroom and observed Child A's Mother yelling at Child Care Staff Member 2. Child Care Staff Member 2 was informing Child A's Mother that she has not witnessed Child Care Staff Member 1 being aggressive with Child A. Child A's Mother was very agitated and stated that she will "beat up [Child Care Staff Member 1]" and "she isn't afraid to go to jail." Ms. Allor-Hilla asked to speak with Child A's Mother and Father in her office. Child A joined them in Ms. Allor-Hilla's office. Ms. Allor-Hilla asked Child A's Mother and Father what their concerns were. Child A's Mother stated that Child A had a scratch on her hand and that Child A stated that Child Care Staff Member 1 is mean to her. Child A's Mother asked Child A, "who did that?" while pointing to Child A's scratch. Child A replied, "my teacher." Child A's Mother asked Child A, "What happened?" Child A replied, "She bumped into me." Child A's Father asked Child A if Child Care Staff Member 1 knew that she bumped into her? Child A replied, "no." Child A's Father stated to Child A, "Well, you have to let people know when they knock into you because they might not have known." Child A's Mother also reported to Ms. Allor-Hilla that Child A urinated in her pants at school earlier that week and Child Care Staff Member 1 or Child Care Staff Member 2 never said anything to her about it. Child A's Mother added that Child A only has accidents when she is scared or in trouble. Ms. Allor-Hilla told Child A's Mother and Father that she would investigate the matter further by speaking with Child Care Staff Member 2 and she would observe Child Care Staff Member 1's teaching practices. They also discussed that Child Care Staff Member 2's teaching practices might not align with Child A's personality and some coaching may be needed. The meeting ended. The group discussed meeting again in the future, but no date or time was established. Ms. Allor-Hilla considered the scratch matter to be settled as it appeared to be an accident that Child Care Staff Member 1 was not aware of, and she was going to look into how things were going in the classroom. The following day, Ms. Allor-Hilla brought up the meeting with Child Care Staff Member 1 as she was absent the day that it occurred. They discussed Child Care Staff Member 1's teaching methods and how she could help Child A work through transitions and tough times. Ms. Allor-Hilla also asked Child Care Staff Member 1 and Child Care Staff Member 2 about Child A urinating in her pants that week. Neither were aware of Child A urinating in her pants. They added that Child A has not urinated in her pants so far that school year. They discussed setting up a meeting in the future to talk with Child A's Mother and Father regarding their concerns. On 09/26/2022, which was the first day that the center was in operation following the meeting with Child A's Mother and Father, Child Care Staff Member 2 texted Ms. Allor-Hilla and asked if she could come down to the classroom. When Ms. Allor-Hilla Arrived at the classroom, she observed Child A's Mother in the classroom along with Child A. Child Care Staff Member 1 was in the classroom assisting another student. Child A's Mother entered the classroom and said, "I thought we were supposed to 4 have a meeting today?" Ms. Allor-Hilla apologized to Child A's Mother and indicated that they didn't set up a time for a meeting. Child A's Mother was angry and left the classroom. Ms. Allor-Hilla informed Child A's Mother that she would call a substitute child care staff member to the classroom, a

Open Not marked corrected in the state record

Category: ratio. 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.

Ms. Allor-Hilla stated that she was informed by Child Care Staff Member 2 on the morning of 09/29/2022 that she noticed an increase in yelling by Child Care Staff Member 1 the week of 09/26/2022. Ms. Allor-Hilla stated that she would speak with Child Care Staff Member 1 and to let her know how the day goes. That evening Child Care Staff Member 2 contacted Ms. Allor-Hilla and informed her that she witnessed Child Care Staff Member 1 grab Child A's arm. The following morning, Ms. Allor-Hilla called to report the incident to Ms. Griffin. On 09/30/2022, Ms. Griffin called me to report the incident. When initiating the on- site inspection on 10/03/2022, I learned that Child A's Mother and Father were not informed of the incident. I told Ms. Griffin that Child A's Mother and Father needed to be informed of the incident. Following the second allegation, Child Care Staff Member 1 was suspended without pay pending the results of the investigation. Child Care Staff Member 1 was later terminated from employment. Child Care Staff Member 2 stated that the week of 09/26/2022 was very chaotic. Following the meeting with Child A's Mother and Father, the classroom had to move into a different room temporarily while the regular classroom was repaired. The children were not listening well. Child Care Staff Member 1 seemed frustrated. Child Care Staff Member 1 normally uses a loud voice, but her voice was louder than normal. She wasn't saying mean things to the children, it was more that she was using a louder voice to try to get their attention. On 09/29/2022, Child Care Staff Member 2 witnessed Child Care Staff Member 1 in an altercation with Child A. Child A did not want to lie down for nap and she was in the block area. Child A threw a large Lego and then started to build with them. Child A hit Child Care Staff Member 1. Child Care Staff Member 1 said to Child A, "Do not hit my body." Child A tried to hit Child Care Staff Member 1 again and Child Care Staff Member 1 grabbed Child A's arm and walked her a few feet to her cot. Child A said, "oww" and then started to cry. She laid down on her cot and went to sleep. Child B then stood up from his cot, so Child Care Staff Member 1 grabbed his arm and walked him back to his cot to lie down. Child B cried as well, but it seemed to be because he didn't want to lie down, not that he was in pain. Child B laid on his cot and went to sleep. Child Care Staff Member 2 did not believe the actions were abusive or too aggressive but did not think that Child Care Staff Member 1 handled the situation in the best way possible. Child Care Staff Member 1 stated that the week of 09/26/2022 was chaotic. Child Care Staff Member 1 stated that she normally has a loud voice, but that week her voice was louder than normal to get the children's attention because they weren't listening well. Child Care Staff Member 1 stated that she did not feel frustrated, but 10 09/29/2022 was a challenging day because the group had to use an alternative classroom as the regular classroom was being used for maintenance. They were trying to follow their normal routine, but it was hard being in a different classroom. Child A had a pretty good week, but that day at nap time she did not want to lie down. Child A was in the block area and started to throw wooden blocks. Child Care Staff Member 1 positioned herself so that Child A could not throw blocks. Child A started to hit Child Care Staff Member 1. Child Care Staff Member 1 told Child A not to hit her body. Child A continued to hit her. Child Care Staff Member 1 stated that Child A was hitting her hard. Child Care Staff Member 1 put out her arm and grasped Child A's upper arm so that Child A could no longer hit her. While Child Care Staff Member 1 had her hand on Child A's arm, Child A twisted her arm, which made her muscle slide over her bone. Child Care Staff Member 1 stated that she could feel Child A's muscle siding over the bone. Child A said "oww", so Child Care Staff Member 1 let g

R 400.8158 · R 400.8158 1 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 11 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.

Child A and B's parents were not notified of the incident that occurred on 09/29/2022 where their arms were grabbed by Child Care Staff Member 1. .......................... ........ ............................................................................._................... .................

Open Not marked corrected in the state record

Category: health medication. 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.

On 06/01/2022, Emily Allor-Hilla, program director, called me to report that Child A's Mother called her and reported that Child A stated that Child B "fingered" her in the house area of the classroom on five separate occasions. Child B stated that the incident occurred on days that Glenda Doty, child care staff member, was absent. Ms. Allor-Hilla stated that Ms. Doty was absent on 05/16/2022. Ms. Allor-Hilla submitted a written report to me regarding the incident. I spoke to Child A's Mother regarding the incident. She stated that one day she walked into a room in her home and found Child A "acting out" on her little brother. Child A was tickling her brother near his diaper area. Child A's Mother said, "What are you doing?" Child A jumped and replied that she was trying to give him a hug. Child A's Mother asked Child A if she had done that before to her little brother. Child A's Mother stated that she just knew someone had done something to Child A. Child A's Mother said to Child A, "Who did this to you?" Child A stated that Child B "touched her right there" while pointing toward her . Child A's Mother held up her hand in a circle and had Child A demonstrate how Child B toucher her. Child A forced her finger into the circle hard. Child A's Mother stated that there was an incident recently at school when Child A did not want to go to school because another child was bullying her. Child A's Mother agreed to allow me to interview Child A using the forensic interview protocol. The interview was scheduled for the following day. On the day of the interview, I arrived at Child A's home. I rang the buzzer to the door of the apartment complex multiple times, and no one answered. I also tried to call Child A's Mother while standing outside the door. I left a message for Child A's Mother requesting that she return my call. I never received a call back from Child A's Mother; therefore, I was not able to conduct a forensic interview with Child A. I conducted an on-site inspection at the center. The center was closed for the summer at the time that the allegation was received, and the classrooms were torn down for the summer. I was not able to see the classroom how it would have been set up during the school year. Ms. Allor-Hilla stated that the group primarily used classroom 108, but toward the end of the year, they started using classroom 120, which is also approved classroom space, so that 108 could be torn down for the summer. Both classroom 108 and 120 are square classrooms with two small individual bathrooms. The bathrooms each contain one toilet and one handwashing sink. Ms. Allor-Hilla stated that she was aware of some friction between Child A and Child B. She stated that Child B and was very blunt. She "spoke her mind." Child B was described as a bully. If a child wanted to play with her, Child B would say, "No. I don't like you." Ms. Allor-Hilla was aware of Child A and Child B not getting along sometimes. Child A would want to play with Child B and Child B wouldn't want to. 3 Ms. Allor-Hilla was not aware of any inappropriate touching occurring between Child A and Child B. Ms. Allor-Hilla stated that there were 6 children enrolled in the afternoon session that Child A and Child B attended. Ms. Allor-Hilla provided me with the daily attendance for classroom 108 for the month of April and May. During those months there were only three days when all six children enrolled in the classroom were present. The remaining days there were between one and five children present. Mostly there were four to five children present on a daily basis. Ms. Doty stated that she is the lead caregiver in classroom 108. She stated that the afternoon session that Child A and Child B attended only had five to six children in attendance on a daily basis. There were always at least two child care staff members present; sometimes there were three. Ms. Doty was unaware of any inappropriate touching occurring in the classroom and stated that there was no way th

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.

On 02/09/2022, I received a phone call from Emily Allor-Hilla, program director, informing me that Child A was found outside of his classroom by center child care staff members. She indicated that she would submit the written report and witness statements to me that day. I received the written incident report and witness statements shortly after the call. I conducted an unannounced on-site inspection at the center. The center is located in a former school building that is primarily "L" shaped. The west wing of the building runs east to west, and the hallway has a short zigzag in the middle. The east wing runs north and south and is a straight hallway, Child A attends classroom 111, which is toward the end of the west wing. Child A's classroom's door is located approximately 30 feet from the west exit. There is also a south exit located 52 feet from the classroom door. There are also other exterior exits on the east side of the building. Ms. Allor-Hilla stated that she was made aware of the incident by Barb Numerich, Sylvia Arizola, and Child Care Staff Member 1, all child care staff members. Ms. Numerich, Child Care Staff Member 1, and Ms. Arizola found Child A in the hallway near where the two wings connect. They did not know where Child A belonged, so they checked the nearest classroom, which was room 120. The classroom was empty. They then took Child A down to room 108. Keri Hahn, child care staff member, was in the classroom and told them that Child A belonged in room 111. They took Child A to room 111 and then walked down to the office to report what happened to Ms. Allor-Hilla. After Ms. Allor-Hilla was informed of the incident, she went to room 111 to speak with the classroom child care staff members. Carol Ramos, child care staff member, stated that she was speaking with Ms. Hahn when Child A left the classroom. She did not know what had happened. Samantha Gardner, child care staff member, told Ms. Allor-Hilla that she left for the restroom and when she returned to the classroom, Child A was being brought back. Ms. Gardner stated that she saw Child A in the classroom prior to taking her restroom break as he ate lunch at her table. Courtney Childs, child care staff member, stated that she remembers seeing Child A sitting at his lunch table eating, but not after lunch. Ms. Hahn told Ms. Allor-Hilla that earlier she brought a child back into room 111 and briefly spoke to Ms. Ramos. As she was leaving, she saw Child A playing with a set of play keys. She said "hi" to Child A as she was walking to the door. Ms. Hahn left the classroom and closed the door behind her and walked into room 108 across the hallway. After speaking with the child care staff members, Ms. Allor-Hilla then called Ms. Bethany Griffin, licensee designee, to report the incident. Following the call with Ms. Griffin, Ms. Allor-Hilla called me to report the incident. 4 I received the video footage from the hallway cameras that showed Child A leaving room 111. There are not cameras at all locations that Child A wandered to, but I was able to establish an estimated time line of how long he was left unsupervised. The video footage shows the hallway outside of room 111 on 02/09/2022. At 11:52:25a.m., Ms. Hahn exited room 111 and walked across the hallway into room 108. At 11:52:33a.m., Child A exited the classroom. To the west of the classroom approximately 30 feet away is an exit door that leads outside. Child A started slowly walking east down the hallway. At the zigzag, Child A walked past another exit door that leads directly outside and continued east down the hallway. He slowly walked down the hallway and stopped several times to look at the items hanging in the hallway. At 11:53:44a.m., Child A left the camera view. This location is right outside Ms. Arizola's and Child Care Staff Member 1's office where Child A was found. There is also an exit door that leads to the outdoors in this area. The video then shows Child A being walked back down the west wing

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8155(1)(b) · R 400.8155(1)(b) Child accidents and incidents; child and staff illness. (1)A center shall have a written plan for how and when a parent is notified when personnel observe any of the following: (b) A child experiences an accident, injury, or incident.

On 12/10/2021, I received a phone call from Bethany Griffin, licensee designee, informing me that she had just learned on 12/09/2021 that Child A fell and hit his head in the classroom on 09/28/2021. Child A's Mother and Father were not notified until four hours after the incident occurred. Child A's Mother and Father took Child A to urgent care the following day where he was diagnosed with a concussion. The attendance system shows that Child A was out sick on 09/29/2021 with a runny nose and a headache. Ms. Melissa Herschleb, program director, was unaware of the incident and Ms. Griffin had just been informed. Ms. Griffin stated that the classroom that the incident occurred in was no longer operating due to an unrelated incident. Ms. Griffin submitted a written incident report on the departmental form regarding the incident on 12/10/2021. She also submitted the center's incident report that was completed by Child Care Staff Member 1, former lead teacher in Child A's classroom. The report indicated that on 09/28/2021 at 9:30am, Child A fell approximately 1.5 feet while playing with foam blocks. The report noted that he injured his forehead and that a bruise or swelling was present. Ice was applied and comfort was given. Child A returned to his regular classroom activities. The report indicated that a parent or guardian was notified at 1:28p.m. that day. The report was signed by Child Care Staff Member 1 and indicated that Ms. Barb Numerich, child care staff member, and Child Care Staff Member 3, who was formerly employed by the center, were present in the classroom during the incident. Child A's Mother stated that on 09/28/2021, she received a phone call at approximately 1:30p.m. informing her that Child A hit his head several hours earlier. She was getting ready to leave to pick him up from school when she received the call. Child A's Mother added that it took her over an hour to reach the center as she 3 had to ride the bus. When she arrived at the center to pick up Child A, Child Care Staff Member 1 invited Child A's Mother into the classroom to demonstrate how Child A had hit his head. Child A's Mother explained that Child A was rocking on a foam block like a teeter-totter and rolled too far forward and hit his head on the floor. After Child A's Mother exited the classroom, Ms. Herschleb approached her and publicly reminded Child A's Mother "you know you are not supposed to be in the classroom." Child A's Mother told Ms. Herschleb that she was invited into the classroom by Child Care Staff Member 1 so that she could show her what happened to Child A. Child A's Mother showed Ms. Herschleb the incident report she received from Child Care Staff Member 1. Child A's Mother was upset that Ms. Herschleb had stated loudly that Child A's Mother was not supposed to be in the classroom. She felt it put her life at risk as someone might think that she inappropriately touched children and that was why she was not allowed in the classroom. Child A's Mother stated that she was aware that she was not supposed to be in the classroom due to a prior felony conviction, but Child Care Staff Member 1 had invited her in the classroom, so she assumed she was allowed to go in there. Child A's Mother left the center with Child A. Child A's Mother stated that Child A seemed fine that day. She did not take him in for medical treatment. The following morning, Child A was talking funny and wasn't making sense and his eyes were glazed, so Child A's Mother decided to take him to urgent care. Child A was diagnosed with a slight concussion. She also followed up with Child A's pediatrician after the visit with urgent care. She did not take Child A back to the center that day. Child A's Mother stated that day she received a call from Child Care Staff Member 2, formerly employed at the center, that Child A's classroom would be closed for two weeks. Child A's Mother stated that when she received the call from Child Care Staff Member 2, she informed her that Ch

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158(3) · R 400.8158(3) Incident, accident, injury, illness, death, fire reporting. (3) A licensee, licensee designee, or program director shall report to the department, via phone, fax, or email, within 24 hours of notification by a parent that a child received medical treatment or was hospitalized for an injury, accident, or medical condition that occurred while the child was in care.

Ms. Griffin reported Child A receiving medical treatment within 24 hours of learning that he had gone to urgent care following the incident that occurred on 09/28/2021.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158(4) · R 400.8158(4) Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

Ms. Griffin submitted a written report regarding the incident that happened to Child A on 09/28/2021 within 24 hours of learning that Child A had received medical treatment.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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

Maria Garza and Kendyl Wyse did not provide appropriate care and supervision of Child A when she was able to leave the classroom without their knowledge and go to Child B's classroom, where she was for approximately 5-10 minutes.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.