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.

On December 9, 2022, I completed an on-site inspection and spoke with program director Brynn Lazarus. Ms. Lazarus provided the ProCare incident reports for biting Child A from September 2022 through December 9, 2022. ProCare is the management application used by Scribbles & Giggles Learning Center to communicate with parents. On September 14, 2022, Child A's parents were notified through ProCare that he and a friend were crawling through a tunnel in the classroom when the friend bit his left cheek. The area was iced. Also on September 14, 2022, Child A's parents were notified through ProCare that Child A was bit on his left side/back. On November 7, 2022, Child A's Parents were notified through ProCare that Child A has a scratch on his right eye which was cleaned. Ms. Lazarus noted Child C was moved up due to openings in classrooms, being developmentally appropriate, and needs of the center. On November 8, 2022, Child A's parents were notified through the ProCare application that Child A was playing with a cart and another friend came to try to use the cart, the friend bit Child A on his right arm; they applied ice and gave hugs. The note states the child care staff member that observed this happen did so while she was changing another child's diaper. Child A had a mouth impression on his arm with redness in the center of the mouth impression and a photo of the injury was uploaded into ProCare. On November 14, 2022, Child A's Parents were notified through ProCare that another child was able to suck on Child A's cheek and they attempted to apply ice but Child A did not allow it. A photo of Child A's cheek was uploaded into ProCare. In the photo no bruising is visible, but the cheek is red. On December 9, 2022, I spoke with child care staff members Nichole Bunker. Ms. Bunker stated Child B tends to lean in to hug her friends and then bites them instead. Being aware of this, they have increased supervision on Child B and are working with the family to quickly resolve the biting. She does not know the date, but there was a time 2-3 weeks ago where Child A and B where playing and Child B leaned in like she was going to kiss him. However, she sucked on his cheek, and this was communicated to parents through ProCare. The most recent incident with Child A and B where they were playing near the tables as naptime was ending; not 3 all the children were awake at that time. The lights were not turned on but there was natural light from the windows. Ms. Bunker was 8-10 feet away putting diapers away at the changing table. She looked over to check on them and Child B was on top of Child A; she went over and separated the children. Child B bit Child A. Ms. Bunker was unsure which children she is the primary caregiver to; however, stated they all help as needed to ensure the care and safety of all the children in the classroom; she later stated she knows who she cares for just went blank when asked by licensing. I observed the classroom and the area where Child A and B were at when Child B sucked Child A's cheek. The area is within 8-10 feet of the diaper changing table which is where Ms. Bunker was when the biting occurred. She was the child care staff member who turned and saw Child B on top of Child A. She had a peripheral view of the children without turning her head and then a full view when turning her head. I spoke with Ms. Bunker, Ms. Ladiski, and Ms. Ayala regarding the importance of keeping a global view of the classroom, of knowing their assigned toddlers, and communicating consistently with each other to ensure the environment is safe and the children are supervised appropriately. I discussed talking with the children consistently as well to ensure they stay engaged. On December 9, 2022, I spoke with child care staff member Alexandria Ladiski. Ms. Ladiski stated Child A and Child B are known biters and the child care staff members in the classroom have increased supervision on both children. Child B has not had an issue in several

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 December 9, 2022, I spoke with program director Brynn Lazarus. Ms. Lazarus stated on December 7, 2022, Child A's Father brought him into Scribbles & Giggles Learning Center, signed him in, handed him to her over a wall that separates the lobby where parents sign in to the office where Ms. Lazarus was standing. Then Child A's Father signed him out and left. She sat Child A down on the ground and before she could do anything else, Child A's Mother rounded the corner and grabbed Child A, then she left. It happened very quickly, and she did not think it would be hazardous to take Child A when he was being handed over the wall by his father. I explained the hazards, he could have fell, either her or Child A's Father who was handing him over the wall could have lost their balance, or Child A could have squirmed or moved quickly. Ms. Lazarus stated she can see the potential hazards, and this will not be allowed to happen again. On December 9, 2022, I interviewed child care staff members Nichole Bunker, Alexandria Ladiski, and Antonia Ayala. None of these child care staff members saw Child A in the building on December 7, 2022. On January 4, 2023, I received an email from program director Brynn Lazarus. The email contained a photo of the wall Child A was handed over with a measuring tape 5 from floor to the lower part of the opening. The wall Child A was handed over was 3 feet 7 inches high.

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 December 9, 2022, I spoke with program director Brynn Lazarus. Ms. Lazarus stated they have a policy child care staff members are not allowed on their phones for personal use. However, child care staff members must update the management application ProCare for all the children's care. This is done on their cell phones. It could look like they are doing something personal when they are really updating ProCare. Ms. Lazarus stated if she receives any concerns regarding telephone usage by child care staff members, which does not happen often, she sends a notice to all child care staff members reminding them they are only to use their phone for ProCare application unless necessary. On December 9, 2022, I spoke with child care staff member Nichole Bunker. Ms. Bunker stated she and the other child care staff members in the classroom use their cell phones to update ProCare throughout the day. For example, this is done after every diaper change and each entry has several subcategories which must be completed. To complete this for all the children it can take up to 40 minutes to do. The child care staff members take turns updating the ProCare application. They also document meal times, nap time, and they take and upload photos of the children throughout the day. They are not allowed to use their cell phones for personal use unless it is urgent such as taking a call from their child's school. On December 9, 2022, I spoke with child care staff member Alexandria Ladiski. Ms. Ladiski reported a lot of the time if a child care staff member is on the cell phone it is A to update the application ProCare; they do not neglect children and only use their phones for personal use on occasion when necessary. On December 9, 2022, I spoke with child care staff member Antonia Ayala. Ms. Ayala stated she has observed Ms. Ladiski on her phone when holding children, and she does not do the work she is supposed to do. The phone time appears to be personal, and she reported this to Nichole Bunker who told her she spoke to Brynn Lazarus about it.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. (5) A center shall have a written policy detailing when children, staff, and volunteers will be excluded from the center due to illness.

On December 9, 2022, I completed an on-site inspection and spoke with program director Brynn Lazarus. Ms. Lazarus provided Scribbles & Giggles Learning Center's Health Policy and Parent Handbook. The Health Policy and the Health, Accident & Injury Policy in the Parent Handbook were reviewed. Both state a child with pink eye may return to care when they have been on medication for 24 hours with no drainage. Ms. Lazarus stated Child A's Father reported on the evening of December 6, 2022, Child A had pink eye. Child A's Father was concerned Child A's Mother would report he refused his parenting time which ends at 7:00 a.m. Ms. Lazarus called Child A's Mother and explained if Child A's Father drops him off at the center in the morning, she will have to call her and have her come and pick him up due to the pink eye illness. Ms. Lazarus offered to draft a letter for Child A's Mother that Child A is unable to attend child care due to the pink eye. Child A's Mother declined the letter. The exchange was going to be in front of Scribbles & Giggles Learning Center. Due to Child A's Father's concern regarding the custody dispute between him and Child 7 A's Mother, he walked Child A inside the center, signed him in, handed him to Ms. Lazarus and then signed him back out and left. Ms. Lazarus did not feel this was exposing anyone to the pink eye and therefore she took Child A. When Child A's Father handed her Child A, Ms. Lazarus sat Child A down on the ground. Immediately Child A's Mother rounded the corner into the office, grabbed Child A up, and immediately left the building. Child A's Mother stated, "The police may be showing up here too." Child A was never in the classroom. After Child A left, Ms. Lazarus washed her hands. She did not sanitize the sign-in area or the doors. The communicable disease notice was posted outside the classroom door. I observed the posting and took a photograph. On December 9, 2022, I interviewed child care staff members Nichole Bunker, Alexandria Ladiski, and Antonia Ayala. None of these child care staff members saw Child A in the building on December 7, 2022. On January 5, 2023, I completed an exit conference with Brynn Lazarus. I explained there are no violations and reviewed the investigations

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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.

On August 30, 2022, I spoke with Child A's Mother. Child A's Mother stated on August 17, 2022, she was told Child A was jumping over the balance beam and had a bad fall. She was told she may want to come and get him and take him to the emergency room as he was in a lot of pain. Child A is always jumping around like a "ninja." She asked Child A what happened and he stated his foot tripped and he landed on his arm. It was a bad break and he had to have surgery that same evening. He is in a cast and just started kindergarten, he is doing well. Child A's Mother stated when Child A's Father arrived at Scribbles & Giggles Learning Center, Child A was obviously in severe pain. Child A's Father told her Child A was sitting in the office with a frozen bag of vegetables and a towel. When she arrived Child A had just got into his father's vehicle and they left for the hospital. According to Child A's Mother, visibly you could not tell Child A's arm was broken other than some swelling. Child A's Father asked Brynn Lazarus the owner of Scribbles & Giggles if he could watch the video, but she is not sure if he ever did. She has no concerns with supervision or the way this incident was handled. She was concerned once she found out how bad of a break it was that the center staff did not just call 911. None of the medical team at the hospital expressed any concerns regarding how the break occurred. Child A will see a specialist August 31, 2022, and they will get to look at the x-rays then. Child A's Mother will contact me if there is anything she feels licensing should know. On August 30, 2022, I spoke with child care staff member Jessica Marshall. Ms. Marshall stated on August 17, 2022, Child A and some of his friends were playing "ninja" and she and other child care staff members told them several times they were not allowed to play that and redirected them. None of the children have ever tried to jump over the balance beam before. Child B attends ninja classes, and he comes to school and attempts to teach his friends the moves he is learning. She and her colleagues spoke to the children a few times explaining these ninja moves were not a game for school, they were not safe for school, and it is not safe to do these things without learning them from a trained professional. Ms. Marshall stated on August 17, 2022, when Child A and his classmates were playing on the balance beam, she turned around to help another child leaving her back to Child A and his friends. She is not sure if anyone else was watching Child A's group of children. Child B came up to her as her back was still to Child A and his friends and told her that Child A was injured. She walked over to where Child A was at and his arm was "dangling and did not look right." She took him inside and she got him seated and comfortable putting ice underneath and on top of his arm. Child A was crying and kept saying his arm hurt. She talked to him asking what location felt best to hold his arm and then once they found the most comfortable setting, she 3 called Child A's Mother. Child A's Mother was called not more than five minutes after the injury occurred. She told Child A's Mother he was on the playground playing, fell, and injured himself. She was not sure but believed Child A's arm may be broken. She asked Child A if he could move his arm from the shoulder, from the elbow, and if he could wiggle his fingers. He was able to move his arm from his shoulder but did not want to wiggle his fingers. He was unable to straighten or bend his arm at the elbow. She told Child A's Mother something was not right with his arm and someone needed to come and get him right away. She urged Child A's Mother to take him to the emergency room. Child A's Father arrived first, and Ms. Marshall stated she helped him get Child A into the car; he said he was going straight to Sparrow emergency room. Child A's Mother arrived five minutes later and picked up Child A's siblings, and then left. On August 31, 2022, I

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8170 · R 400.8170 1 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.

On August 30, 2022, I spoke with child care staff member Jessica Marshall. Ms. Marshall stated the balance beam is maybe 18 inches off the ground and there is only grass underneath it. Ms. Marshall called me back and explained she went outside and measured the balance beam and it is 14 inches from top of balance beam to the ground. On August 30, 2022, I spoke with program director and licensee designee Brynn Lazarus. Ms. Lazarus stated she is not sure if the beam is meant to be a bench as it has been there since she acquired the building. I explained it is an elevated structure and children use it to climb and play on. The child care staff members all referred to it as a balance beam and described it being used as such. The playground inspection was reviewed and it is noted that the balance beam is pictured in the photo but is not listed as playground equipment. I explained to Ms. Lazarus that for it to be used as a piece of playground equipment, it would have needed to be inspected and approved by a certified playground inspector.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8170 · R 400.8170 Outdoor play area. ............................. (11) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, upon request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department upon request and shall keep it on file at the center.

The balance beam in the outdoor area was not inspected by a certified playground inspector prior to use. ..........

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8152 · R 400.8152 Medication; administrative procedures. (2) A child care staff member shall give or apply medication, prescription or non-prescription, only with a prior written permission from a parent.

Ms. Lazarus administered medication to Child A without written permission.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8170 · 1 R 400.8170 Outdoor play area. (11) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, upon request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the department upon request and shall keep it on file at the center.

The truck in the outdoor play area did not have any ground covering in the fall zones. There was only grass surrounding the equipment.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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 truck in the outdoor play area was not inspected by a certified playground inspector prior to use.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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

On 6127/22, 1 spoke with the complainant regarding the allegations. On 6/27/22, 1 interviewed Child A's Mother via telephone. According to Child A's Mother Child A has been enrolled in care at the center for She informed me that this is Child A's first-time attaenpdpinrgo cxairme aattaeclR ld care center. Child A Child A's Mother explained tha as had this condition since birth and that the restricts Child A's tongues range of motion therefore assisting in Child A's as this can interfere with the ability for Child A to make According to ere has been nRmir)rovement in Child A's behavior, she could no longer attend care at the center. Child A's Mother feels the center is discriminating towards Child A's and that is why they will not move her into the 3-year-old classroom, s Mother dis- enrolled Child A from care and will begin care at a new child care center in D3O ).:IPA conducted an unannounced inspection to and_t onsite the child care center. Upon arrival at the center, I interviewed Ms. Brynn Lazarus, licensee designee regarding theallegations. Ms. Lazarus has been the licensee designee of the child care center for 15 years. She denied the allegation indicating that Child A's Mother was frustrated with the center due to them not allowing Child A to move into the 3-year-old classroom. Ms. Lazarus explained to 1, that Child A was not ready to move up to the 3 year-old 3 classroom due to as the 3 year-old classroom has higher expectations and the classroom"woupechallenging for Child A with her current rule following and biting challenges. Ms. Lazarus has not witnessed Child A's behavioral issues at the center firsthand, but rather was informed of Child A's continuous meltdowns during transition times by the child care staff members working in Child As classroom. Ms. Lazarus was recently notified that Child A was scheduled for She again denied Child A's _ being the reason behind Child A not being moved to the 3-year-old classroom, but rather explained that it was due to Child A's continuous behavior issues she displays in the younger classroom. Ms. Lazarus further explained when Child A had meltdowns during transition times, this requires the child care staff members to be one-on-one with Child A, therefore taking the child care staff members attention away from the other child care children present in the classroom. Ms. Lazarus said the center does not have the ability and staffing to provide children with one-on-one care. Ms. Lazarus said the center has worked with children having delays in the past and have worked with their families to assure the children are being provided with the level of care needed to help them succeed while in care and Early On visits their center on a regular basis. Ms. Lazarus denied having any conversation with Child A's Mother regarding Child A being disenrolled from care in 30 days. Ms. Mitchell and Ms. Roberts had conversations with Child A's Mother about the continual behavioral issues Child A was having in care but neither mentioned disenrolling her from care. On 6/2822, 1 interviewed Ms. Alexander Mitchell, child care staff member at e center. I informed Ms. Mitchell of the allegations. Ms. Mitchell has been employed at e center for approximately and is the lead child care staff member in Child A's classroom. Ms. Mitchell described Child A as a sweet girl who was having a hard time transitioning and following the rules. Ms. Mitchell further explained that Child A had meltdowns when it was time to sit at the table; wash her hands, and put toys away. When Child A got upset, she cried, screamed, and threw herself to the ground, shoved children and child care staff members. When they were walking, Child A refused to walk and just threw her legs out from herself and fell to the ground refusing to walk. Ms. Mitchell denied telling Child A's Mother that Child A would be disenrolled from the center, but rather said when she would talk with Child A's Mother regarding Child A not being ready to move to t

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8155 · 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: https://www.cdc.gov/DiseasesConditions. 4

Ms. Lazarus has not received confirmation that any of the child care children or child care staff members have tested positive for coronavirus.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.