• Violation

  R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

  Based on the interviews that were conducted and the video footage that was reviewed, there is insufficient evidence to support that Teacher 1 did not provide appropriate care and supervision for Child A. Specifically, there is insufficient evidence to support that Teacher 1 snatched the broom from Child A and snatched him up by his right arm lifting him off of the floor.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8254(6) · R 400.8254(6) Diapering; toileting (6) Diapers and training plants must be checked f requently and changed when wet or soiled.

  Based on the interviews that were conducted and the diaper change documentation that was reviewed, there is insufficient evidence to show that Child A and Child B’s pull-ups were not checked frequently and changed when wet or soiled.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8113(1)(a) · R 400.8113(1)(a) Information provided to parents. (1) A center shall provide a handbook, electronically or hard copy, to each parent enrolling a child that includes at least all of the following: (a) Criteria for admission and withdrawal.

  Child A's Mother withdrew Child A's enrollment and admitted that Child A was not terminated from care.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

  Based on interviews with the PA, teachers and parents, teachers provided appropriate care and supervision of the children.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

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

  Based on the interviews that were conducted, there is sufficient evidence to support that LC and CCSM 3 did not provide appropriate care and supervision when Child A was left unsupervised in the GSRP classroom for about 10 to 15 minutes.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8167(1)(b) · R 400.8167(1)(b) Indoor space. Thirty-five square feet for preschoolers and school-agers.

  Based on my review of the Addendum to the Original Licensing Study Report dated 04/05/2019 and the attendance records for the Preschool classroom for the week of 03/10/2025, the Preschool classroom was over capacity on 03/11/2025 with 21 children, on 03/12/2025 with 20, 22, and 23 children, and on 03/13/2025 with 21 and 22 children. The approved capacity for the Preschool room is 19 children 30 months old and older.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8182(3)(b) · R 400.8182(3)(b) Ratio and group size requirements. Preschoolers, 30 months of age until 3 years of age, child care staff member to child ratio of 1 to 8, maximum group size of 16.

  The child care center did not maintain child care staff member-to-child ratio in the Preschool room (preschoolers, 30 months of age until 3 years of age requiring 1:8 ratio), on the following dates: 03/10/2025, 03/11/2025, 03/12/2025, 03/13/2025 and 03/14/2025.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8182(3)(c) · R 400.8182(3)(c) Ratio and group size requirements. 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Preschoolers, 3 years of age until 4 years of age, child care staff member to child ratio of 1 to 10, maximum group size not applicable.

  The child care center did not maintain child care staff member-to-child ratio in the Preschool room (preschoolers, 3 years of age until 4 years of age requiring 1:10 ratio), on the following dates: 03/10/2025, 03/11/2025, 03/12/2025, 03/13/2025 and 03/14/2025.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R 400.8137 · R 400.8137 Diapering; toileting. (6) Diapers and training pants must be checked frequently and changed when wet or soiled.

  On 04/05/2023 I received a complaint, which indicated that Child A (2-year-old, female) did not have her pull-up diaper changed at any time while at the center on 04/04/2023. Child A arrived at the center wearing an Aldi brand pull -up diaper and was in the same pull-up diaper when she returned home. The center provides diapers and does not use Aldi brand pull-up diapers. The complainant stated this was not the first occurrence. This has happened at least four times in the last seven months. On 04/05/2023 I contacted the complainant, by phone two times and once by email. I did not receive a follow-up phone call or email. On 04/11/2023 I completed an unannounced onsite inspection at Childtime in Lathrup Village. I interviewed Program Director Laura Bivins, CCSM 1, CCSM 2, CCSM 3, and CCSM 4. I interviewed Ms. Bivins. She stated that children are changed every two hours, or more frequently, if needed. However, she was aware that Child A was not changed at least every two hours. It was brought to her attention on 04/04/2023 via email, by Child A's Mother. Ms. Bivins said that Child A is non-verbal. She cries frequently, throws toys, and is aggressive towards other children. Due to these behaviors and safety concerns, staff will move her to the preschool classroom to be with older children, who are more adept to handle and understand her attempts at communication. In addition, staff will take Child A for walks around the building to help calm her down. She said the center is in the process of creating and implementing a behavior plan that includes directional cards, emotion cards, and basic word cards to help with speech and cognition. Ms. Bivins stated on 04/04/2023, Child A was moved to the preschool classroom (3 and 4- year-old room). There was a miscommunication between staff. The preschool classroom did not change her diaper because they did not realize she needed diaper changes. It was an oversight, on behalf of the center. Ms. Bivins was not aware that Child A was not changed on any other dates. Ms. Bivin's spoke to Child A's Mother on 04/05/2023 when she dropped her children off at the center. Ms. Bivin's apologized to Child A's Mother and stated it was an oversite on behalf of the center. She said staff in the preschool room thought Child A was changed by the two's room staff and vice versa. Ms. Bivin's stated that the center does not use pull-up diapers, they only use regular diapers. They never use Aldi brand diapers. I interviewed CCSM 1. She said Child A is assigned to the two's classroom and Child A is in her primary care group. She stated she did not change Child A's diaper. She arrived at the center at 9:00 am. She was due for a change until 11:00 am. However, she was moved to the preschool classroom shortly after she arrived. She added that Child A exhibited difficult behaviors when changed. Child A refused and fought with staff during some changing times. CCSM 1 stated she will not fight with Child A to be changed when this occurs. CCSM 1 has spoken with Child A's Mother about her 3 concerns regarding Child A's behavior during diaper changes in November 2022. A week prior to the diaper incident, Child A was sent home because she picked up a vase of flowers and smashed it onto the floor, then proceeded to throw diapers all over the room. I interviewed CCSM 2 and CCSM 3. Both staff members work as assistants in the two's classroom. Both stated that Child A has difficult behaviors, and she often will not let staff change her diaper. She will hit and kick staff and scream and tantrum when it's time to be changed. CCSM 2 stated she did not change Child A on the date of the incident. CCSM 3 stated she checked Child A's diaper prior to circle time, which is around 9:00 am and Child A was dry. At 9:30 am, CCSM 3 checked Child A's diaper again, and it was dry. She was also dry at 3:00 pm. At 3:00 pm she went to preschool. On 06/14/2023 I re-interviewed CCSM 3. She said that Child A went to the preschool classroom after na

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8182 · 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 is 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. 5 ..... .. .........

  Child A was 33 months of the date of the incident. Child A was in the preschool room with a mixed age group. Child care staff to child ratios for children ages 30 months to 3 years old is 1:8. The preschool classroom was out of ratio on 04/04/2023 when there was 1 staff and 13 children from 12:00pm until 3:40pm.

  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: (b) Preschoolers, 30 months of age until 3 years of age shall maintain a child care staff to child ratio of 1 to 8, with a group maximum group size of 16 children.

  Child A was 33 months on 04/04/2023. Child care staff to child ratios for children ages 30 months to 3 years old is 1:8. The preschool classroom was out of ratio on the date of the incident when there was 1 staff and 13 children from 12:00pm until 3:40pm.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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. 4

  On 02/06/2023, I spoke with the complainant. No additional information was provided. On 02/09/2022, I completed an unannounced onsite inspection. I spoke with Program Director, Laura Bivins regarding the complaint against the facility. Ms. Bivins denied any reports that children have been improperly supervised during the times CCSM's were on their phone. She denied any peer or parent complaints about cell phone usage. She is aware that CCSM's have used their phones in the classrooms. She knows about this due to her random in class check-ins. She has addressed this with staff and reminded them of the company policy. I inquired about temperament of any of the toddler CCSM's, specifically about any staff being physically rough with children. She denied any concerns and denied that any of the staff have had disciplinary actions as a result of improper supervision of care of the children. She also denied that any concerns have been brought to her attention by others. On 03/24/2023, I spoke with Child A's parent. She denied having any concerns regarding the care her child has received. Her child has been in care for approximately one year and is normally picked up around nap time. During drop offs and pick up CCSM's are always welcoming and do well with communicating with her. She shared there always seems like "more than enough staff." She said her child "loves going to school and loves her teachers." On 03/24/2023, I spoke with Child B's parent. She shared her child has been in care at the facility since he was 3 months old. She's never had any concerns regarding the temperament of the staff caring for him, and although she did not know the ratio for this age group was 1 to 4, she has never had concerns there weren't enough staff to care for the children. On 03/24/2023, I spoke with Child C's parent. She shared she's had multiple children in care at the facility and has continued to use them because the staff takes "great care of 3 my babies." She expressed being surprised that a complaint was called in against the facility. When asked about ratio concerns, she said she feels like "they have too many staff sometimes." She expressed feelings of being satisfied with the care provided to her children. On 03/24/2023, I spoke with CCSM D who works with the toddler age group. She denied ever observing any CCSM's being rough with the children or being on their cell phones. She shared she's an experienced staff member and would not allow anyone to treat the children in such a way. I asked if she's ever observed any CCSM's allowing children to drink from their personal beverage cups. She denied ever observing this. On 03/24/2023, I spoke with CCSM E who works with the toddler age group. She denied ever observing staff on their personal cell phones while in the classrooms. She denied this for herself as well. She denied having any concerns regarding the temperament of any CCSM specifically anyone being physically rough with the children. She denied ever observing this. On 03/30/2023, I spoke with CCSM F. CCSM's F denied having any temperament concerns with anyone that she's worked with and specifically denied ever observing anyone physically grab a child in a rough manner. She said, "everyone is good with the kids." She denied having any concerns and shared everyone always treats the children "nice." She confirmed this for herself as well. When discussing CCSM's allowing children to drink from their personal beverage cups she said she has observed this and has done this as well. She said this is only done when the staff have not had a drink out of the beverage container yet. She shared she did not know why this occurs and could not recall which CCSM she observed doing this.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8 · .............p... ............................................................. ................. R 400.8 182 ..R.....a.....t..i.o.... ..a....n....d.............g.rou 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: 7 Age Child Care Staff Maximum Group Size member to Child Ratio a) Infants and toddlers, 1 to 4 12 birth until 30 months of age

  On 02/09/2023, I completed an unannounced onsite inspection. I spoke with Program Director, Laura Bivins regarding the complaint against the facility. Ms. Bivins shared the facility is currently in ratio. She shared most of her recent staffing issues surround staff emergencies and having to call off work. She also shared she has two CCSM's that have to leave daily to pick up their children from school. During these times, she or another assistant will fill in, but if someone calls off work that day or there is an emergency and someone leaves, it will put them out of ratio. She could not recall the last time this occurred but shared she believed it was within the past week. At the end of the day, some of the classrooms are combined, however, the infant and toddlers are only combined with each other. She denied that infants/toddlers are combined with older children. If this was to ever occur, she understands the ratio is maintained based on the youngest child in the group. I observed each of the follow classrooms: *Bold portion shows out of ratio classrooms Time out of ratio Room Children in attendance CCSM's Room ratio (Approx) 5 Infant 1 4 children present 1 CCSM 1 to 4 -------- Infant 2 8 children present 2 CCSM 1 to 4 --------- Toddler 10 children present 2 CCSM I to 4 3:05pm-4:00 m 2's 8 children present 2 CCSM 1 to 4 --------- Early Preschool 10 children present I CCSM I to 8 3:45 m-4:29 m Pre-School 9 children present 1 CCSM 1 to 10 --------- Pre-K 15 children present I CCSM 1 to 12 3:00 m-4:30 m We discussed the rooms being out of ratio, and Ms. Bivins shared she forgot a CCSM in the toddler classroom had to leave at 3pm. She'll have to look into the other rooms. Due to ratio concerns, I did not request to have any staff members sent to me for interviews. On 03/24/2023, I spoke with Child A's parent. She shared during drop offs and pick up CCSM's are always welcoming and do well with communicating with her. She denied having any concerns regarding staffing issues and shared there always seems like "more than enough staff." On 03/24/2023, I spoke with Child B's parent. Although she did not know the ratio for this age group was 1 to 4, she's never had concerns there weren't enough staff to care for the children. She's always felt like her child is well taken care of. On 03/24/2023, I spoke with Child C's parent. She shared she's had multiple children in care at the facility and has continued to use them because the staff takes "great care of my babies." When asked about ratio concerns, she said she feels like "they have too many staff sometimes." She expressed feelings of being satisfied with the care provided to her children. On 03/24/2023, I completed an unannounced onsite inspection. I spoke with Program Director, Laura Bivins briefly as she was working in the infant classroom and parents were beginning to pick up children. Ms. Bivins immediately responded, "I already know we're out of ratio." She shared multiple CCSM's called in due to personal illnesses with their family and a flight cancellation. She said she's been working in the classroom throughout the week to help with maintaining ratio as much as possible. She's been working in the infant classroom since 10:30am with another CCSM (who I observed) with 9 infants. I observed each of the follow classrooms: *Bold portion shows out of ratio classrooms Time out of ratio Room Children in attendance CCSM's Room ratio (Approx) Infant 1 9 children present 2 CCSM I to 4 9:36am-3:47pm Infant 2 6 children present 2 CCSM 1 to 4 1 to 4 Toddler 11 children present 2 CCSM Ito 4 12:O0p m-unknown 2's 8 children present 2 CCSM 1 to 4 1 to 4 Early Preschool 10 children present 2 CCSM 1 to 8 1 to 8 C: Pre-School 11 children present 2 CCSM 1 to 10 1 to 10 Pre-K 12 children present 1 CCSM 1 to 12 1 to 12 On 03/24/2023, I spoke with CCSM A. She confirmed there have been times when the classrooms are out of ratio but it's mainly during the end of the day. She shared some staff have to le

• 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 Size member to Child Ratio b) Preschoolers, 30 months of age, I to 8 until 3 years of age .. .....................

  Ratio is maintained during times when mixed age groups are in the same space.

  Open Not marked corrected in the state record

  Category: ratio. 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.

  On 06/03/2022, Ms. Bivins emailed an incident report, and according to the incident report, at 10:25 a.m., on 06/02/2022, Ms. Bivins received a phone call from Child A's mother stating that her son needed to seek medical treatment on 06/01/2022. On 06/01/2022, Child A's father was told at pick up that he was fussy during the day, which he always is. The parents took him to seek medical treatment because they noticed that he was favoring one arm. Child A was diagnosed with W The child care center did not notice anything different about I while he was the center. The child care center did not witness any injury and he was not favoring his arm when he was in their care. On 06/06/2022, l interviewed Child A's mother by telephone. She said Child A's father picked him up from the child care center on 06101/2022 and he was told that Child A had been whiny all day. Usually, the child care center will text or email Child A's mother and inform her of any concerns they have regarding Child A's behavior. The center did not text or email Child A's mother about his whining. He has been attending the child care center for a month and is now starting to get adjusted to attending the center. Once Child A was home, Child A's father called her and asked if he had been moving his left arm because every time he moved it, Child A would cry. Child A's father took him to the hospital and his elbow was pulled back into place. She called the child care center and spoke with Ms. Bivins to determine if something had occurred while Child A was at the center. Ms. Bivins told her that nothing inappropriate occurred between Child A and another child or another child care staff member. Ms. Bivins informed her that she would review video footage for 611 W. OTTAWA • P.O. BOX 30664 • LANSING, MICHIGAN 48905 www.michiga.govAara • 517-335-1980 that day. When Child A was six or seven months old, he attended another child care center, and his elbow was injured by another child who was playing with him. The incident was investigated via special investigation# 2021D 0802005, and no violations were cited. On 06/06/2022, 1 received and reviewed Child A's Child A was seen at the On 06/07/2022, 1, , interviewed Ms. Bivins at the center. Ms. Bivins said video footage is being pulled by her district manager, Tanya Zoro, and will be available for review. Child A was admitted to the child care center in but has not attended since 06/0112022. She does not spend her days with him; however, she is aware of his behavior in the two's classroom. She described Child A as a being a child who is very busy, cries a lot, and does not communicate well. When guided by child care staff members, he will do what is asked of him. He likes to play alone and regularly has tantrums on the floor. He will throw himself on the floor and child care staff members will allow him to have his tantrum and let him roll on the floor. He often cries and yells while walking around the classroom freely. If child care staff members hold his hand to guide him to an activity, he sometimes will fall to the floor. She denied ever observing child care staff members pull him up off the floor when he has tantrums. Child A's mother was provided with accommodation paperwork, but she has not returned the paperwork. Ms. James, Ms. Rogers, and Ms. Law are the child care staff members that were working in Child A's classroom on 06101/2022. She denied having any concerns with them and denied that any of them have had any disciplinary action since their employment began with the child care center. On 06/0712022, 1, interviewed Ms. Rogers at the center. She said is child care staWff memer in the two's classroom. She believed Child A's last day attending the center was on 06/01/2022. On 06/01/2022, Child A was dropped off at the center around 10:00 a.m. He was extremely fussy from the time he was dropped off until he was picked up by his father. He stood next to Ms. Law all day. Child A did not play with the other kids. He did

  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: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

  On 03/24/2022, I interviewed Ms. Bivins and Ms. Zoro at the center. Ms. Bivins said she was informed by a parent, who was watching live feed of the toddler classroom, that Ms. Harrell flicked Child A on the head with her fingers, and then put him back on his cot. Ms. Bivins and Ms. Zoro reviewed video footage regarding the incident, and it appeared that the allegations are accurate. On 03/24/2022, I reviewed video footage dated 03/23/2022. The video footage did not have timestamps, nor does it have audio. I watched video footage beginning at 2:40 p.m. I observed eight children in the classroom, some sitting on or near their cots. Ms. Harrell was sitting in a chair, Ms. Jones was sitting across from Ms. Harrell, and Ms. Howard was sitting in a chair in the corner. Child A was sitting in front of his cot. Ms. Harrell, Ms. Jones, and Ms. Howard were talking to each other, and Child A crawled right in front of Ms. Harrell. Ms. Harrell flicked her hand at Child A's head and her hand appeared to have made contact with Child A's head. She then picked him up with what appeared to be excessive force and put him on his cot. I interviewed Ms. Howard at the center on 03/24/2022 and by telephone on 04/12/2022. Ms. Howard said she is a child care staff member in the toddler classroom. She did not recall seeing Ms. Harrell flick her hand at Child A's head at the end of naptime on 03/23/2022. She has never seen Ms. Harrell flick a child on his or her head. She has only seen Ms. Harrell use positive methods of discipline with the children. She denied seeing Ms. Harrell use excessive force to put Child A on his cot on 03/23/2022. She did not recall Ms. Harrell putting Child A back on his cot on 03/23/2022. She has never seen Ms. Harrell use excessive force with any child. She denied seeing Ms. Harrell put a blanket on Child A's head on 03/23/2022. I interviewed Ms. Jones at the center on 03/24/2022 and by telephone on 04/12/2022. Ms. Jones said she is a child care staff member in the toddler classroom. She did not recall seeing Ms. Harrell flick her hand at Child A's head at the end of naptime on 03/23/2022. She has never seen Ms. Harrell flick a child on his or her head. She has only seen Ms. Harrell use positive methods of discipline with the children. She observed Ms. Harrell put Child A back on his cot on 03/23/2022, but not with excessive force. When the children are preparing for naptime and getting on their cots, child care staff members will wave the blanket in the air and place it on the children's bodies, not on their heads. She denied seeing Ms. Harrell flip a blanket on Child A's head. I reviewed the incident report dated 03/24/2022. According to the incident report, at 2:40 p.m., on 03/23/2022, a parent alleged that Ms. Harrell flicked her fingers on a child's head. 3 I reviewed the child care center's discipline policy. It states that no child care staff member is permitted to use physical, mental, or emotional punishment on any child or demean a child any way. Child care staff members are prohibited from using the following as means of punishment or redirection on any child: • Hitting, shaking, biting, pinching, pulling, pushing, physical force or inflicting any other form of corporal punishment to hurt a child. • Restricting a child's movement by binding, tying or any other type of physical restraint or timeout, including lifting or carrying a child. • Confining a child in any enclosed area such as a closet, locker, cubicle, office bathroom, etc. • Mental or emotional cruelty such as humiliating, shaming, threatening, belittling, intimidating, forcing or frightening a child. • Depriving a child of water, meals, snacks, rest, recreation time or necessary toilet use, or depriving of shelter or water, etc. • Use of food or water as a reward or punishment. • Use or withholding of physical activity as a punishment. • Subjecting a child to harsh, abusive or profane language. • Leaving children unattended or unsupervised for any amount

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used. 7

  I interviewed Child A's mother by telephone on 3/15/2021. The center has a phone application that enables parents to see the Early Preschool classroom via live feed. She described several things she observed on 02/04/2021 that concerned her. Between 10:00 a.m. and 11:00 a.m. on 02/04/2021 her son was playing with cars during a transition time. She believes he must not have been listening. She saw a staff member, who she thinks was Ms. Bell, yank him by the hand to go to time out and then yanked his hand to get him to sit down. He was on a carpet away from other kids. Ms. Bell was sitting on the floor nearby, then her son was offscreen. Child A's mother said that at about 11:00 a.m. Ms. Downer was preparing lunch and her son was not listening. Ms. Bell was noticeably frustrated. Child A stood in front of a cot and she pushed him onto it. He was there 5-7 minutes and then got up and was the last child to be served lunch. Child A wears pull-ups. After his nap, at about 3:00 p.m. he was standing in front of the bathroom facing the classroom. Child A's mother said she could see someone from inside the bathroom yank him by the arm and pull him inside but did not know who it was based on the camera view. Between 3:45 p.m. and 4:00 p.m., Child A's mother could see her son sitting in a chair. Child B began to pull his chair backwards. Child B started crying. Ms. Downing yelled at Child A, assuming he was to blame. She immediately sent him to time out, then consoled Child B. On different occasions when Child A has been in time out, he has sometimes sat at a table without any toys. Child A's mother said she addressed her concerns with Ms. Downer when she arrived to pick up her son and with Ms. Bivins at 7:00 a.m. the next morning. She said she had many conversations with staff about her concerns. After speaking with Ms. Bivins, she would see some short-term improvement. She disenrolled Child A and his older sibling on 03/02/2021 after her son told her on 03/01/2021 that he was afraid and did not want to go to the center. I made an unannounced inspection at the center on 03/17/2021 and interviewed program director Laura Bivins. I asked her to view the videotape for 02/04/2021 to evaluate the allegations. Ms. Bivins said it was not possible since the tapes are overwritten every seven days. Ms. Givens recalled Child A's mother arriving with her 3 son at 6:45 a.m. the next morning (02/05/2021) to share her concerns about what she had seen on the live feed. Ms. Bivins said his mother made assumptions that the staff members were yelling at her son and questioned how she had determined this since there is no audio with the live feed and staff members are masked. She did not recall Child A's mother using the word "yanking" to describe staff members' interactions. Child A's mother told her staff would grab a child and sit them down harder than she would. Regarding an incident where he was placed in time out, she said the staff members made a judgment call about what had happened when they heard Child B crying. Ms. Bivins said she took Child B out of the classroom a few days later, due to the complaints alleging favoritism. She said she did not review the videotape concerning the 02/04/2021 allegations since Child A's mother continued to bring Child A to the center and she did not see it as serious. She said she did not contact LARA about the allegations for this same reason and said the complaints were ongoing. Ms. Givens talked to staff members about the allegations and was satisfied with their account of what had happened on 02/04/2021. Ms. Bivins said Child A struggled with his recent transition from the 2's classroom to Early Preschool. He and his mother liked his prior staff members. Ms. Bivins said Child A's mother soon expressed concerns about a variety of things, including misplaced clothing after he began attending the Early Preschool room on 01/23/2021. Ms. Bivins said that she has not received complaints from parents or staff about Ms.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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.

  There was no evidence that staff members use any prohibited or corporal forms of punishment. I did not see Ms. Bell or Ms. Downer yank children's arms or push children. Staff interviewed denied seeing this or any other aggressive or corporal forms of punishment. Child C's mother, Child D's mother, Child E's mother, and Child F's mother did not report any concerns with how staff members interact with children.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee designee, or program director shall report to the child's parent and the department. directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following: (b) An incident involving an allegation of inappropriate contact.

  The program director did not notify LARA within 24 hours of receiving an allegation of inappropriate contact.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  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. 4

  On 03/15/2022, I interviewed Child A's mother by telephone. She said the center has a phone application that enables parents to see the preschool classroom via live feed. Between 8:30 a.m. and 11:40 a.m. on 03/15/2022, it appeared that a pre-k child care staff member pushed or nudged Child A out of the classroom that is closest to the bathroom. Child A tripped and fell to the floor. The pre-k child care staff member did not assist her up. The pre-k child care staff member appeared frustrated, returned to her classroom, and closed the door. Child A's preschool child care staff member was near her and appeared to have seen her but did not help her up until she started crying. Child A did not have any injuries from the fall. On 03/17/2022, I interviewed Ms. Bivens at the center. Ms. Bivins said she would contact her District Manager to obtain the video footage for 03/15/2022 for me to review to evaluate the allegations. She stated that Child A attended the child care center for a trial visit on 03/15/2022. She would not follow simple directions from child care staff members, she would not respond to child care staff members when they called her name, and she left the preschool classroom twice. Child A's mother spoke with Ms. Bivins regarding concerns she had. She informed her that a pre-k child care staff member escorted Child A out of the pre-k classroom and Child A tripped and fell. The child care staff members did not help Child A get up from the floor right away. Child A's mother did not tell Ms. Bivins that the pre-k child care staff member pushed or nudged Child A. The pre-k child care staff member was identified as Ms. Settles. The preschool child care staff member was identified as Ms. Palmer. On 03/17/2022, I interviewed Ms. Settles at the center. Ms. Settles said she is the lead caregiver in the pre-k classroom. She was told that Child A was having a difficult time adjusting to being at the center. Child A would not make eye contact 3 with the child care staff members, she was unable to stay still, continuously crawling under the table, and she would cover her ears from time to time. Child A also left the preschool classroom at least twice. During one of the times, Child A went into the pre-k classroom. Ms. Settles guided Child A back to the preschool room by extending her arm out in the direction of the preschool classroom and telling her that she had to stay in her classroom. As she extended her arm out, Child A fell to the floor and began to cry. Ms. Palmer waited a few seconds before she helped Child A up and Ms. Settles went back into the pre-k classroom. She denied pushing, nudging, or touching Child A. She denied being frustrated with Child A. On 3/24/2022, I interviewed Ms. Palmer at the center. Ms. Palmer said she is a child care staff member in the preschool classroom. Child A left the classroom on several occasions and went into the pre-k classroom. She and Ms. Settles continued to talk to her and tell her that she had to stay in her classroom. During one of the times Child A went into the pre-k classroom, Ms. Settles extended her arm out to grab Child A's hand, but Child A fell to the floor and began to cry. Ms. Palmer denied that Ms. Settles pushed or nudged Child A. Child A "just fell to the floor." Ms. Palmer asked Child A if she was okay and asked her if she needed help standing up. Child A did not say anything, and she did not stand up. After a few seconds, Ms. Palmer saw that she was not standing up on her own, so she helped her up, gave her a hug and a tissue to wipe her tears. She did not believe Ms. Settles showed any signs of being frustrated with Child A. On 03/24/2022, I reviewed the video footage dated 03/15/2022. The video footage did not have timestamps, nor did it have audio. I watched video footage from 9:00 a.m. to 11:45 a.m., which was the time Child A arrived at the center until the time Child A left the center. I observed Child A walk into the pre-k classroom which was in the upper right

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  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.

  Child A's mother said the same pre-k child care staff member who pushed or nudged Child A out of the classroom also appeared to have grabbed Child A's arm when she was sitting at a table and moved her to another table. There were two other males rolling around on the ground and Child A was the only child that was moved to another area. Child A's mother believes she was moved to another table for no reason. She believes the two males that were rolling on the ground should have been redirected. Ms. Bivins said Child A's mother did not inform her of the allegation of a child care staff member grabbing Child A's arm. Child A's mother informed her about her concerns with the way Ms. Settles redirected Child A when she and other children were sword fighting with pencils. Ms. Settles denied grabbing Child A's arm and yanking her in a different direction in an attempt to redirect Child A while two other males were rolling on the ground and received no redirection at all. She redirected Child A when she put her pencil in the other children's faces who were sitting at the table with her. She redirected her by taking the pencil away but not by grabbing her arm and moving her to another table. She did not recall observing two males rolling on the ground. Ms. Palmer denied Ms. Settles grabbing Child A's arm and yanking her in a different direction in an attempt to redirect Child A while two other males were rolling on the ground and received no redirection at all. Ms. Palmer did not recall observing two males rolling on the ground. In the video footage that I reviewed, I did not observe Ms. Settles grab Child A's arm and yank her in a different direction in an attempt to redirect Child A. There was one time when three children were playing on the floor, and Ms. Palmer was sitting at a 5 table with four children, and Child A was sitting at another table. I did not observe two males rolling on the ground.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

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

  Child A's mother said Child A told her the child care staff members were mean and that her milk was taken away because she was blowing bubbles in it. She stated that Ms. Bivins told Child A's mother that Child A did not eat her lunch, however, she received a document from the child care center indicating she ate most of her lunch. Child A ate a lot of food when she went home. Also, the children in the classroom sat for several minutes with nothing to do and appeared antsy while Ms. Palmer braided and styled a child's hair. Child A was separated from the other children for not sitting in her chair at the table and attempting to sit with another child on the mat while Ms. Palmer was styling the child's hair. Another time, Child A was sitting at a table with other children, and they all had pencils and were play sword fighting with the pencils. A child care staff member took only Child A's pencil away. Child A was isolated from the other children during naptime because her mat was placed far away from the other children. Ms. Bivins said she is unaware if Child A's milk was taken away for blowing bubbles in it. She was unaware of how much lunch Child A ate. She denied that Child A was isolated multiple times throughout the day, was treated unfairly, and was spoken to harshly. Child A was not treated differently than the other children. She did not see Ms. Palmer styling the child's hair. She questioned Ms. Palmer about braiding the child's hair when she was informed about the incident. Ms. Palmer told her she was asked by the parent to style the child's hair because she had not had time to style it that morning. Ms. Bivins discussed with Ms. Palmer that she should not style the children's hair and that is the parent's responsibility. Ms. Bivins went into the classroom and saw the children sitting at the table with no activities in front of them while Ms. Palmer was waiting for papers to be printed, which she was going to have the children complete. Ms. Bivins placed manipulative toys on the table for the children while they waited. She informed Ms. Palmer that the children should have an activity to complete such as putting together puzzles or playing with blocks while they are waiting for the papers. Ms. Bivins was informed that there was another time that day when the children had pencils in their hands. Child A was placing her pencil in the other children's faces who were sitting at her table. Ms. Bivins acknowledged that all the children's pencils probably should have been taken away because they were not writing anything just yet. She did not see Child A being isolated from the other children whenever she walked into the classroom, and her mat was not placed far away from the other children. Per the licensing rule, the children's mats must be at least 18 inches apart. Also, the layout of the room makes it difficult for the mats to be placed where the children are all placed together. The mats are spread out throughout the room. Ms. Settles denied that she, or any other child care staff member, spoke to Child A harshly, or treated Child A unfairly or differently than the other children. Ms. Settles was walking through the classroom to get to her classroom and saw Child A putting her pencil in the other children's faces. She took her pencil away and told her that she could not put the pencil in anyone's face because she might poke them in the eye. She did not take the other children's pencils away because the other children were not play sword fighting or putting the pencils in other children's faces. They were only hitting the pencils on the table. She was not in the classroom when Child A was drinking milk or eating lunch. She did not see Ms. Palmer styling a child's hair. Ms. Settles does not know if she was isolated from the other children because she was not in the preschool classroom for long periods of time. 7 Ms. Palmer denied Child A's milk being taken away from her at lunch. She did not see her blowing bubbles in her

On 03/23/2022 at the end of naptime, Child A (18 month old male) was getting off his cot and child care staff member LaQueda Harrell flicked him on his head with her fingers, and then put him back on his cot.

Disposition: Substantiated

Ms. Bell and Ms. Downing have scolded Child A (male, age 2 pushed him onto his cot and yanked his arm. 1/2),

Disposition: Substantiated

Child A's (3 year old female) first day was on 03/15/2022. As Child A was waiting to go into the bathroom, she peeked into the pre-k classroom. A child care staff member turned Child A around and nudged her, causing Child A to fall on the floor. The child care staff member did not help Child A up. A preschool child care staff member witnessed this happen and she too left Child A on the floor. The preschool child care staff member eventually assisted Child A off of the floor and gave her a tissue to wipe her tears. A pre-k child care staff member appeared to have been seen grabbing Child A's arm and yanking her in a different direction in attempt to redirect Child A, while two young males were rolling on the ground and received no redirection at all. Child A was isolated multiple times throughout the day, spoken to harshly, and was treated very harshly for exhibiting normal childlike behaviors. In the morning, Child A was blowing bubbles in her milk and the milk was taken from her. Child A was also not allowed to finish eating her lunch for an unknown reason. Child A was sitting at a table with other children, and they all had pencils, play sword fighting with the pencils. Child A was isolated from the group as she was accused of trying to attack another child with the pencil. During nap time Child A's mat was placed far away from the other children.

Disposition: Substantiated