The Learning Tree Child Care Center - North

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 self report of the incident, the interview with the PD, CCSM’s, and parents there is substantial evidence to conclude that appropriate supervision was not provided when Child A was left unsupervised in the outdoor play area.

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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.

There is insufficient evidence to conclude that appropriate care and supervision of children was not provided at all times.

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R 400.8110(7) · R 400.8110(7) Applicant; licensee; licensee designee; requirements. A child shall only be released to persons authorized by the child's parent or guardian.

Based on the interviews of PD and CCSM's, there is insufficient evidence to show that the person Child A was released to was not authorized by Child A's parents.

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R 400.8155 · R 400.8155 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 07/18/2023, I conducted an onsite inspection at the center. I interviewed the program director, Elizabeth Schnoes. She stated on 07/11/2023 two CCSMs took 15 school- age children, ages 6 – 11 years old, on a field trip to Heritage Park. While at the park Child A fell off a ladder. Child A cried for a while but returned to regular activity once back at the center. She complained to CCSM1 who had her to sit at the table so that first aid could be administered. She had no bruises or abrasions. An internal incident form was completed but “no phone call was made 3 to the parent because there were no visible injuries”. The center was later informed that Child A was seen by a physician. While at the center I interviewed CCSM2. She said she was at the park when Child A fell. She hurt herself but seemed better once consoled. CCSMs kept an eye on her and offered her first aid once back at the center. Child A’s parents were called and notified on the childcare communication application called HiMama. She also called Child A’s Mother and spoke with her when she picked Child A up. No one thought Child A had been seriously injured. On 07/18/2023, I interviewed Child A’s Mother over the phone. She said Child A fell from the ladder of a playscape during a field trip at a park and landed on her back and elbow. When Child A’s Father picked her up that afternoon, she was unable to move her arm at the elbow joint and was in a lot of pain and crying. Child A’s Father notified her of the injury and immediately took her for an exam to see if a bone was broken. Child A’s Mother called the childcare center to find out why they were not notified of the fall and the center stated the arm didn't look injured, so they did not make a report to her. She said she was not notified by the center while Child A was at the center. Child A’s Father was told about the fall but the center did not take the injury as serious as it was. Child A’s arm was placed in a sling due to being fractured. I shared with her that a child care center is required to notify parents when there is a change in the health of a child. The center said they notified her by phone, but Child A’s Mother said she did not receive a phone call. On 07/18/2023, I interviewed CCSM1 over the phone. The field trip was the late morning, she said she was dealing with another group of children when she turned and saw Child A on the ground. She was crying and saying she fell. She said she fell and hurt her arm. No swelling but a little red. CCSM1 had she sat at a picnic table to rest. Child A was able to move her arm after 10 minutes. The elbow was a little red but no swelling. CCSM1 said she called Child A’s Mother and left a message. She did not put notification in the communication app, HiMama. She added that she did not think CCSM2 posted on the application either. On 07/26/2023 an exit conference was held over the phone. I offered consultation regarding notification to parents. After a phone call attempt a childcare staff member should call the next person on the child information card until verbal communication is made. Additional communication could have been made on the HiMama. The center has a policy for notifying parents, but I was not followed on this occasion. I shared with Mrs. Schones the findings and she agreed to submit a corrective action plan. 4

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R 400.8158 · R 400.8158 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.

The center failed to notify the department verbally within 24 hours of finding out that medical attention was sought after she fell while in childcare.

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R 400.8158 · R 400.8158 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. 5

The center failed to provide the department with a written report after Child A was injured while in care.

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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 a) Infants and toddlers, 1 to 4 12 birth until 30 months of age

On May 2, 2023, I initiated this investigation via telephone with Child A's Mother who reported that she has not observed Child A's classroom to be out of ratio. Child A's Mother is aware that of the ratio requirements. On May 15, 2023, during an unannounced on-site inspection, the program director Samantha Greenwell, CCSM 1, CCSM 2, and CCSM 3 were interviewed separately. Ms. Greenwell denied that the toddler 2 classroom was out of ratio on April 18, 2023. She acknowledged that if a staff member has to leave or doesn't come to work, there are other staff members that will assist. I observed 8 children present with 2 CCSM in the classroom in question. On May 15, 2023, CCSM 1 reported that she has not been overwhelmed with ratio issues. She denied that the classroom is consistently out of ratio. She reports that if an emergency happens and a teacher does not make it to work, they have office staff to sub in their absence. On May 15, 2023, CCSM 2 also denied that their classroom has been out of ratio. She stated that if there is a need, "they" will send someone in the classroom to help. On May 15, 2023, CCSM 3 stated that in the mornings, sometimes, the ratio gets out of compliance between 8:30am and 9:00am. This is because staff members may call in sick or are running late for the morning shift. When this occurs, the front office works to correct it. She does not recall if any of classrooms were out of ratio on April 18, 2023. On July 19, 2023, Child B's Mother stated that she does not have any concerns with the child care facility. She stated that she has not had any concerns with ratio in Child B's classroom. On July 19, 2023, Child C's Mother stated that she loves the service provided at this childcare facility. She stated that she is aware of the ratio requirements. She stated that this morning at drop off, she and three other moms arrived at the same time. This was going to make the one teacher present out of ratio. She said that before the parents left, the teacher called for assistance and one of the ladies who work in the office arrived. Children attendance records and staff attendance records were reviewed for the date in questions, there were no concerns for ratio violations. 3

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children.

On 04/25/2023, the department received an incident report from program director, Samantha Greenwell. The report states, “while transitioning from lunch to nap, [Child A] grabbed a cutting knife from the counter.” Child B tried to take the knife from him and accidently cut himself. On May 2, 2023, I initiated the investigation via telephone call to Child A’s Mother. Child A’s Mother reported no concerns regarding the knife incident. She stated that she understands that things happen fast. Child A has been in attendance since February 2021, and she is pleased with the childcare facility. On May 4, 2023, per a written statement, child care staff member (CCSM) 1, said that she was preparing lunch. She said that CCSM 2 asked her if one of the children had went potty. She responded that she needed to “grab” a pull-up for that child. She then walked away to “grab” a pull-up from another classroom. When she returned into the classroom CCSM 2 informed her that Child A took the knife from the counter and Child B was bleeding. CCSM 1 said that she was applying pressure trying to control the bleeding. She reported that CCSM 2 then left the room to get help from the program director or the assistant director, but CCSM 2 never returned. CCSM 3 came into the classroom to assist her with the injury and other classroom duties. On May 15, 2023, during an unannounced on-site inspection, I interviewed the program director Samantha Greenwell, and CCSM 3. CCSM 1 and CCSM 2 were not present. Ms. Greenwell reported that she was not present in the classroom when the incident occurred, however CCSM 3 went in to assist. She stated that each parent involved was notified of the incident immediately per their injury policy. On May 15, 2023, CCSM 3 said that she was not inside of the classroom when the incident occurred. CCSM 2 came into the office to report the injury, that is when she went to the classroom to assist. CCSM 3 stated that Child B’s Mother was notified immediately, and Child B was given first aid to stop the bleeding. During a follow-up interview, CCSM3 indicated that she did not know the proper terminology for knives. However, the knife used was not a butter knife, or a large butcher knife and smaller 3 ANALYSIS: Based on documentation review and interviews, there is evidence that the childcare children were not supervised at all times resulting in an injury to Child B. CCSM 1 left a paring knife on the counter, allowing Child A and Child B access to the knife, which result in Child B being injured. CONCLUSION: REPEAT VIOLATION ESTABLISHED SIR 2017D0350008 dated 01/06/2017; Corrective action plan received 02/08/2017. SIR 2018D0932030 dated 10/12/2018; Corrective action plan received 11/09/2018. SIR2019D0918005 dated 01/07/2019; corrective action plan received 01/21/2019. SIR2021D0918003 dated 02/08/2021, corrective action plan received 02/12/2021 (1st Provisional)

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

Based on our findings, investigation, and review - which includes considering the investigation and findings of CCLB determines CCSM 1 is conducive to the welfare of children and is eligible to be associated with a child care organization.

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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 04/25/2023, the department received an incident report from program director, Samantha Greenwell. The report states, "while transitioning from lunch to nap, [Child A] grabbed a cutting knife from the counter." Child B tried to take the knife from him and accidently cut himself. On May 2, 2023, I initiated the investigation via telephone call to Child A's Mother. Child A's Mother reported no concerns regarding the knife incident. She stated that she understands that things happen fast. Child A has been in attendance since February 2021, and she is pleased with the child care facility. On May 4, 2023, per a written statement, child care staff member (CCSM) 1, said that she was preparing lunch. She said that CCSM 2 asked her if one of the children went potty. She responded that she needed to "grab" a pull-up for that child. She then walked away to "grab" a pull-up from another classroom. When she returned into the classroom CCSM 2 informed her that Child A took the knife from the counter and Child B was bleeding. CCSM 1 said that she was applying pressure trying to control the bleeding. She reported that CCSM 2 then left the room to get help from the program director or the assistant director, but CCSM 2 never returned. CCSM 3 came into the classroom to assist her with the injury and other classroom duties. On May 15, 2023, during an unannounced on-site inspection, I interviewed the program director Samantha Greenwell, and CCSM 3. CCSM 1 and CCSM 2 were not present. Ms. Greenwell reported that she was not present in the classroom when the incident occurred; however, CCSM 3 went in to assist. She stated that each parent involved was notified of the incident immediately per their injury policy. On May 15, 2023, CCSM 3 said that she was not inside of the classroom when the incident occurred. CCSM 2 came into the office to report the injury, that is when she went to the classroom to assist. CCSM 3 stated that Child B's Mother was notified immediately, and Child B was given first aid to stop the bleeding. During a follow-up interview, CCSM3 indicated that she did not know the proper terminology for knives. However, the knife used was not a butter knife, or a large butcher knife and smaller than a steak knife. I asked CCSM3 if it was a small paring knife used to cut fruit. 3 She said yes, it could have been that. CCSM3 also reported that after this incident, knives are no longer used in the classrooms. On July 19, 2023, I interviewed Child C's (2-year-old male) and Child D's (2-year-old female) mothers. During separate interviews, each stated that they did not have concerns with supervision at this child care facility. They each reported that they are pleased with the care and service provided. On July 19, 2023, during the exit interview, Stephanie Parks informed me that she was the new program director. Ms. Greenwell was no longer in that position. On July 27, 2023, Child B's Mother was interviewed by phone. She said she was notified immediately when Child B was injured. She was concerned because the story the program director told her did not match what CCSM 2 reported to her. Child B's Mother stated that she asked to see the video footage and was initially denied. After more urging, she was allowed to see the footage. The events on the video footage occurred as CCSM 2 explained. She observed Child A taking the knife from the counter, Child B tried to grab the knife from Child A and was cut. She said that Child B was taken for medical treatment for the injury. The cut was glued, he did not receive stitches. Child B is still in attendance as she feels that the changes that have been implemented will keep the children safer. On July 27, 2023, I interviewed CCSM 2 by phone. CCSM 2 said on the date in question, April 24, 2023, she was in the bathroom assisting a child. CCSM 1 was preparing for lunch. She said that CCSM 1 left out of the room without informing her that she was leaving. While in the bathroom, another child came into the

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children.

Based on our findings, investigation, and review - which includes considering the investigation and findings of MDHHS - CCLB determines CCSM 1 is conducive to the welfare of children and is eligible to be associated with a child care organization. Based on documentation review and interviews, there is evidence that the childcare children were not supervised properly. CCSM 1 left a paring knife on the counter, allowing Child A and Child B access to the knife, which result in Child B being injured. However, prior to leaving the room, CCSM1 took steps to prevent children from gaining access to the knife.

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

Based on our findings, investigation, and review - which includes considering the investigation and findings of MDHHS -CCLB determines CCSM 1 is conducive to the welfare of children and is eligible to be associated with a child care organization.

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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 a) Infants and toddlers, 1 to 4 12 birth until 30 months of age 4 I

On 11/30/2022, I conducted an unannounced inspection to the center. I interviewed program director, Samantha Greenwell. She stated that there have been issues with the ratio. Child care staff members CCSM call offs which leaves the center short of staff. She has put in calls to their other locations to check if they may have available staff. Child care staff members are trained to call and notify the office when their classroom is out of ratio. She has stepped into the classroom if needed to assist in maintaining ratio. There are five to six managers available to step in a room as needed. I observed the CCSM to child ratio in toddler two, preschool one and two, GSRP one and two. During my inspection, the classrooms mentioned in the complaint were all in ratio. Toddler two room's CCSM to child ratio was 3:9. Preschool one room's CCSM to child ratio was 2:12. Preschool two room's CCSM to child ratio was 2:20. GSRP one room's CCSM to child ratio was 2:15. GSRP two CCSM to child ratio was 1:7. I was provided with attendance sheets for each room. I reviewed the dates for 11/25/2022,11/28/2022 and 11/29/2022. On 11/25/2022, the CCSM to child ratio was maintained in toddler two, preschool one and two, and GSRP rooms one and two. On 11/28/2022, the CCSM to child ratio in toddler two was maintained. However, the ratio in preschool rooms one and two was not. The CCSM to child ratio in preschool one was 1:11. The CCSM to child ratio in preschool two was 1:13. There should have been two CCSMs in each room to comply with the ratio requirements. On 11/29/2022, the CCSM to child ratio in toddler two was 1:7, there should have been two CCSMs in this room. The CCSM to child ratio in preschool one was 1:11 from 8:11 a.m. to 8:24 a.m. and 1:14 from 8:30 a.m. to 9:20 a.m. There should have been two CCSMs present in this room. The CCSM to child ratio in preschool two was 1:14. There should have been two staff present in this room. On 12/21/2022, I interviewed Child A's (2-year-old, male) Father. He does not have any concerns with the ratio in his child's classroom. 3 On 12/21/2022, I interviewed Child B's (2-year-old, female) Mother. She has observed during drop off, CCSMs making a phone call from the classroom to the office making them aware of the number of children. The children are moved around to other classrooms to maintain ratio. On 12/21/2022, I interviewed Child C's (4-year-old, female) Mother. She is not concerned with ratio. She has observed approximately nine children when she drops Child C off. She has also observed Ms. Greenwell fill in classrooms and work to ensure ratio is maintained. On 1/4/2023, I interviewed the complainant. Complainant stated that classrooms were out of ratio around Thanksgiving in toddlers and preschool. Ms. Greenwell is notified when rooms are out of ratio, but she does not send help or assist right away. Sometimes it takes up to ten minutes before someone steps in. She signs into two rooms at a time when they are over in ratio and stands between two rooms. Substitutes fill in when needed but are allowed to leave early even if the room is not in ratio. On 1/4/2023, I interviewed CCSM 1. There are no issues with ratio. Closers have been hired to assist with ratio in the evening. Management assists in the classroom when they can no longer move children around. On 1/09/2023, I interviewed CCSM 2. Ratio is maintained well while she is working. Children are moved up or back to other classrooms to maintain ratio. On 1/9/2023, I interviewed CCSM 3. She is aware of ratio in all classrooms. The (CCSM) to child ratio is maintained when she gathers the count for the day. On 1/9/2023, I interviewed CCSM 4. The rooms were busy around Thanksgiving but never over in ratio in her room. Several staff were sent home early the day after Thanksgiving because the numbers were low.

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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 c) Preschoolers, 3 years of 1 to 10 30 age until 4 years of age

On 11/28/2022, the CCSM to child ratio in preschool one was 1:11. The CCSM to child ratio in preschool two was 1:13. There should have been a second CCSM present in both rooms. On 11/29/2022, the CCSM to child ratio in preschool one was 1:11 from 8:11 a.m. to 8:24 a.m. and 1:14 from 8:30 a.m. to 9:20 a.m. The CCSM to child ratio in preschool two was 1:14. There should have been a second CCSM present in both rooms

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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 d) Preschoolers, 4 years of 1 to 12 36 age until school- ......................................................................................... age.................................................

Based on interviews with CCSMs, parents and review of attendance records., The CCSM to child ratio was maintained in the four-year-old classroom.

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R 400.8140 · ........................................ I R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (c) Restricting a child's movement by binding or tying him or her.

On 2/17/2021, I interviewed complainant. Complainant stated that she observed child care staff member, Richelle Jackson hold down Child A (one year old male) hands, pried his mouth open to force feed him. Complainant stated that child care staff member, Savannah Edmondson-Klump told Ms. Jackson she should try and make Child A eat it. Ms. Edmondson-Klump stated that Child A will like it if he tries it. Complainant stated that Ms. Jackson pulled up a chair next to Child A and placed her hand over both his hands on his lap. Ms. Jackson placed the meatloaf on her index finger and pried his mouth open. She force-fed Child A the meatloaf while he was crying and spitting it out. Child A asked for apples so Ms. Edmondson-Klump told Ms. Jackson she could give him his apple slice. Fruit is provided as a dessert to the children last so they can eat their other food first. Child A was crying non-stop and was only given an apple slice before taking his nap. Complainant stated that when Child A's Mother arrived later to go home, she was told that he tried meatloaf for lunch. Complainant stated that the next day she spoke with program director, Samantha Greenwell regarding what she observed. Ms. Greenwell informed complainant that she would look into her complaint, but nothing happened. Complainant stated that Ms. Edmondson-Klump and Ms. Jackson continued to work in a classroom together unsupervised after informing Ms. Greenwell of what she observed. Complainant was not comfortable with what she observed knowing nothing was done about it. On 2/18/2021, I interviewed Ms. Greenwell. She stated that she reviewed video from the classroom after speaking with the complainant. Ms. Greenwell stated that she talked with Ms. Edmondson-Klump and Ms. Jackson after watching the video. She was informed that Child A's Mother asked them to try and have Child A eat lunch when she dropped him off. In the video, Ms. Greenwell stated that Child A was offered meatloaf for lunch. Child A pushed himself away from the table because he did not want it. Ms. Jackson asked Child A to try a no thank you bite. She placed the meatloaf on a fork and placed it in his mouth. He spit the meatloaf out. Ms. Edmondson-Klump told Ms. Jackson he did not have to try another bite. Child A was given his apples to eat. Ms. Greenwell stated that the children are given their fruit at the end of the meal as a dessert so they can try their other foods first. On 2/18/2021, I interviewed Ms. Edmondson-Klump. She stated that Child A does not try his food at mealtimes. Child A's Mother wants Child A to try other foods. On the day in question, Child A did not want to try any of his food. Ms. Jackson tried to offer the meatloaf on a fork but Child A did not want it. She stated that she was helping serve the other children. Ms. Edmondson-Klump did not observe Child A being force fed the want meatloaf. Child A's mouth was open from him crying. Ms. Edmondson-Klump saw him spit the meatloaf out and said to give him his apples. Child A was given two apple slices the amount given to each child. She stated that she told Child A's Mother that he did not want the meatloaf at all when she saw her 3 later. On 2/18/2021, I interviewed Ms. Jackson. She stated that she noticed Child A did not want to eat anything at lunch. Ms. Jackson stated that she grabbed a glove and placed the meatloaf on her finger. She tried to put the meatloaf in Child A's mouth. Child A was moving his head back and forth. He did not want to try the meatloaf and pushed her hands away. Ms. Jackson stated that she placed both of his hands on the table with her hand on top of his and tried a second time. Ms. Edmondson-Klump told her she did not have to try anymore. Ms. Edmondson-Klump gave him his apple slices to eat. On 3/11/2021, I interviewed Child B's (one year old male) Mother. She stated that she did not have any concerns regarding the care of Child B. Child B's Mother stated that she is notified through the classroom app regarding

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R 400.8320 · R 400.8320 Food preparation. (5) Ready to eat foods must not be prepared or served using bare hands.

On 2/17/2021, I interviewed complainant. She stated that Ms. Jackson used her bare hands placing the meatloaf in Child A's mouth. On 2/18/2021, I interviewed Ms. Greenwell and Ms. Edmondson-Klump. They both stated that Ms. Jackson used a fork to place the meatloaf in Child A's mouth. On 2/18/2021, Ms. Jackson stated that she used a glove to place the meatloaf on her finger to feed Child A. 4

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R400.8335 · R400.8335 j Food services and nutrition; provided by center. (1) Food and beverages provided by a center must be of sufficient quantity and nutritional quality to provide for the dietary needs of each child according to the minimum meal requirements of the child and adult care food program (CACFP), as administered by the Michigan department of education, based on 7 CFR part 226, 1-1-18 edition, (2018) of the United States Department of Agriculture, Food and Nutrition Service, CACFP, and is hereby adopted by reference. A copy can be obtained at no cost from CACFP at http://www.fns.usda.gov/cacfp/meals-and-snacks. In addition, a copy is available for inspection and distribution at no cost at the Michigan Department of Licensing and Requlatory Affairs. Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933.

On 2/17/2021, I interviewed complainant. Complainant stated that Child A would not eat the meatloaf. Child A spit the meatloaf out and was crying nonstop. Child A was given an apple slice and placed on his cot. He was not given any other food to eat. On 2/18/2021, I interviewed Ms. Greenwell, Ms. Edmondson-Klump and Ms. Jackson. They all stated that Child A was given two apple slices to eat after refusing to eat his meatloaf. He was not offered any other foods. On 2/18/2021, I was informed by Ms. Greenwell, Ms. Edmondson-Klump and Ms. Jackson that the fruit is served as a dessert. The children are not provided fruit until they have tried their other foods first. I informed them that the children must receive all components of the meal together. They were not aware fruit or other components cannot be withheld at mealtimes.

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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, 2020, I initiated this investigation onsite. The program director, Samantha Greenwell was present. Ms. Greenwell disclosed that Jennifer Cyb and Adrianna Marsh were the child care staff members present when Child A was left on the playground. In separate statements, both child care staff members Jennifer Cyb and Adrianna Marsh reported taking their class outside on December 2, 2020 at approximately 10:45am. They both said when it was time to return inside, they children held the transition rope and they each did face to name head counts. Both Ms. Cyb and Ms. Marsh reported that after the count, two or three children let go of the rope, but not Child A. They stated that those children were retrieved, and they continued into the building. Both caregivers reported that they are unaware when Child A let go of the rope. Once inside, Ms. Marsh reported that the same child was counted twice "by mistake". On December 10, 2020, Child A's mother reported that Child A has been at The Learning Tree North for about two years. She stated that this incident was upsetting and that as a result, she changed Child A to The Learning Tree West. Child A's mother said that she was uncomfortable with the teachers because they did not realize that Child A was left outside. She said that it was also upsetting that another teacher from another classroom brought him back into his classroom. On January 22, 2021, child care staff member Sarah Whicker reported that she was in her classroom serving her children lunch when she glanced out of the window and saw Child A walking on the sidewalk alone on the playground. She reported that he did not seem scared or crying. Ms. Whicker recalled that Child A's class had gone in approximately 10 minutes prior to this.

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