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.

Teacher 1 did not provide appropriate care and supervision when Child A was injured from the wagon flipping over when Teacher 1 was running with the wagon full of children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8345(4) · R 400.8345(4) Water supply; plumbing. All plumbing fixtures and water and waste pipes must be properly installed and maintained in good working condition. Bureau

Open Not marked corrected in the state record

Category: physical safety. 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 01/05/2023 the complainant stated that Child A left the grounds without being accompanied by an adult. Child A was returned by a nearby resident. The center was not aware that Child A had left the center until she was returned. Child A's Mother was not notified until the following day. The incident occurred in the summer of 2022, it was not reported to licensing, and Child A's Mother did not receive an incident report. On 01/05/2023, I received an email from Jinelle Manchester stating that she did not receive a phone call or incident report from the center pertaining to this incident. On 01/06/2023 Child A's Mother stated that in August of 2022 Child A was allowed to leave the field where the children were playing outside at the center without anyone noticing. She was not sure of the exact date. Child A was returned by a stranger, and Child A's Mother was informed about the incident the following day by Ms. O'Rourke and Ms. McGill in the middle of the day after she had been working for a few hours. Ms. O'Rourke and Ms. McGill stated that they were very sorry and that two children had come through the back gate on their bikes and left the back gate open. They stated that Child A was alone for about 5 minutes before she was returned. Child A's Mother was unsure why the staff waited to inform her about the incident. Child A is autistic and does not speak which caused a greater concern for Child A's Mother. Child A's last day at the center was November 2, 2022. On 01/06/2023 Ms. O'Rourke stated that the incident occurred on August 2, 2022. She was the assistant program director when the incident occurred. Ms. O'Rourke stated that she was informed at around 4pm by Ms. McGill after she was informed by Mr. Ooten that the gate located at the back of the field was left open by two children that were riding their bikes through the field. The gate leads to the dead-end residential street. Child A exited the gate and was returned to the field by a female. The female contacted the center a couple of days later, maybe Friday, and spoke to Ms. O'Rourke. She wanted to make sure that Ms. O'Rourke was aware that Child A was returned to the center. Ms. O'Rourke did not obtain any contact information from the female. There were three classes outside when the incident occurred. Terrific Turtles, ages 2 3; the child care staff member to child ratio is 1 to 8 with a 1/2- maximum group size of 16. Zealous Zebras, 3-year-olds; the child care staff member to child ratio is 1 to 10 with a maximum group size of 30. 3 School age, 5-10-year-olds; the child care staff member to child ratio is 1 to 18 with a maximum group size of 36. Ms. O'Rourke did not have the attendance records for the day of the incident because the previous program director had destroyed the information, but she would check to see if she could retrieve the information; if so, she would email the information. On 01/12/2023 Ms. O'Rourke sent an email stating that she was not able to recover the attendance record for August 2, 2022, due to the breach in the system that day. Ms. O'Rourke stated that she was not sure if the field was approved for child care use, but after the incident, she has not allowed the field to be used by the children. The children can only use the fenced playground, which is approved. Ms. O'Rourke and Ms. McGill informed Child A's Mother on August 3,2022. Ms. O'Rourke does not think that the department was contacted. At the time, she was not aware that the incident was required to be reported to the department verbally within 24 hours and a written report within 72 hours. She attended a licensing training in December of 2022 where she learned about the licensing reporting requirements. She was not sure why Child A's Mother was not informed the same day, and she did not provide Child A's mother with a written incident report. She thought that informing Child A's Mother verbally was the only requirement. On 01/24/2023 Ms. O'Rourke emailed the center's serious injur

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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: (a) A child is lost or left unsupervised.

I Ms. O'Rourke did not contact the department within 24 hours when Child A left the outdoor play area unsupervised. Ms. O'Rourke stated that she was not aware that she was required to inform the department within 24 hours of Child A being unsupervised.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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. C~

Ms. O'Rourke did not provide the department with a written report within 72 hours when Child A left the outdoor play area and was unsupervised. Ms. O'Rourke stated that she was not aware that she was required to provide a written report within 72 hours of Child A being left unsupervised.

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. (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.

Child A's Mother was not informed of the incident when she picked up Child A or before she left work for the day, which would have been as soon as possible per the center's serious injury or incident process. Ms. O'Rourke acknowledged that she did not inform Child A's Mother until the next day.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8167 · 1 R 400.8167 Indoor space. (3) A center shall provide a floor plan of all child use areas to the department at initial licensure and before making structural changes or adding any child use space. Only space that has received prior approval for child use by the department may be used for child care. 7

The field was not approved for child care use according to the original licensing report dated 08/13/2012. Ms. O'Rourke acknowledged that she did not know if the field was approved for child care use.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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 1 to 8 16 of age until 3 years of age

The preschool children were outside on the field with two additional classes with more than 16 children. Mr. Ooten acknowledged that there were more than 16 children present when Child A left the field area.

Open Not marked corrected in the state record

Category: ratio. 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. 611 W. OTTAWA • P.O. BOX 30664 • LANSING, MICHIGAN 48909 www.michigan.gov/lara • 517-335-1980

On November 11, 2022, the child care staff member provided appropriate care and supervision of Child A.

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. (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 November 11, 2022, the child care center did not provide Child A's Mother with an Ouch Report per the center's Illness and Accident policy.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · 1 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.

On November 11, 2022, the licensee, licensee designee, or program director did not report to the department within 24 hours that Child A was treated at Urgent Care.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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. 611 W. OTTAWA • P.O. BOX 30664 • LANSING, MICHIGAN 48909 www.michigan.gov/lara • 517-335-1980

On November 11, 2022, the licensee, licensee designee, or program director did not report to the department within 72 hours that Child A was treated at Urgent Care.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8310 · R 400.8310 Food preparation areas. .................................................. ...................................................................................................................................................................................................................................... (5) Mechanical ventilation to the outside may be required if a problem is evidenced.

There were no ventilation problems evident during my on-site inspections and staff did not report any problems.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8315 · 1 R 400.8315 Food and equipment storage. (9) Food and utensils must be stored in a cabinet or a shelf above the floor. 4

Food and utensils were stored in cabinets and shelves above the floor. I

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8320 · R 400.8320 Food preparation. (6) Food must be cooked to heat all parts of the food to the safe temperature as identified in the document titled Safe Minimum Cooking Temperatures, published by the U.S. Food Safety Working Group. This document is adopted by reference in this rule and is available at no cost on the Foodsafety.gov website, https://www.foodsafety.gov/keep/charts/mintemp.html. It is also available for inspection and distribution at no cost from the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, Ml 48933.

The center has metal stem food thermometers. Staff state they use them to ensure food that requires cooking is heated to the required safe temperatures before it is served to the children.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8325 · 1 R 400.8325 Sanitization. (4) Multi-use tableware and utensils must be washed, rinsed, and sanitized using 1 of the following methods: (a) A commercial dishwasher. (b) A residential dishwasher with sanitizing capability. (c) A 3-compartment sink and adequate drain boards. (d) A 2-compartment sink for washing and rinsing, a third container suitable for complete submersion for sanitizing, and adequate drain boards. 5

The center has a commercial dishwasher that cleans and sanitizes the tableware and utensils.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8320 · R 400.8320 Food preparation. (1) Food must be in sound condition, free from spoilage, filth, or other contamination and be safe for human consumption.

I left a message for the complainant and sent her an email but did not receive a response. The complainant stated how much of what the children eat is provided; however, it is not consistent on the Tadpole's app. Owner Rachael Flannagan stated for the infant and toddler classrooms, the staff put what is eaten in the Tadpole's app. She stated the staff are consistent with posting what the children eat each day for the parents to see. I observed the Tadpole app for one of the classrooms and the staff had input what the children ate that day. Staff member Anna O'Rourke works with 2-year-olds. She stated every day, she posts in the Tadpole app what each child ate that day for the parents to see. 2 ••• • •- • •rr •: :_ • • lii • ; • • • • r ii •r -• • • •- • •••-• •' • ••a

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8330 · R 400.8330 Food services and nutrition generally. ..................................... .... ............... .... (10) Menus must be planned in advance, dated, and posted in a place visible to parents. Food substitutions must be noted on the menus the day the substitution occurs.

The complainant stated the menu is not provided to parents and parents cannot go inside the building. It is not posted inside or online. Ms. Flannagan, Ms. O'Rourke, and Ms. Fossett all stated the menus are given out weekly and are posted in the Tadpole app, in Class Tag, on the Facebook business page, in the classrooms, and kitchen. The parents are also encouraged to let the staff know if they need anything, including a menu and they will gladly give them one. Ms. Flannagan stated the preschool and school age parents come into the building, but the infant and toddler parents still drop off and pick up by at the doors. Ms. Flannagan showed me the menus for the weeks of 7/26/21 through 8/13/21. They were posted throughout the center and in the Tadpole app.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8330 · 1 R 400.8330 Food services and nutrition generally. (6) A center shall make water available to drink throughout the day to children 1 year of age and older.

The complainant stated at the end of the day when she picks her children up, the center has a water cooler outside, but the children are not drinking it and they are overheated and thirsty upon pick up. 4 As I pulled into the center, I observed the water cooler outside by the playground. The school age children were outside, and they were all going over to the cooler to get a drink. Ms. Flannagan, Ms. O'Rourke, and Ms. Fossett all stated the children are always offered water while inside and outside at the center. If the children are thirsty, they can get something to drink.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8335 · R 400.8335 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 Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933.

The complainant stated her children come home and are so hungry upon pick up. Several lunches have been strawberry cream cheese roll ups, which is not enough food to sustain them and is more of a snack than anything else. The children are provided a lot of processed foods that contain way too much sodium for their systems. Ms. Flannagan, Ms. O'Rourke, and Ms. Fossett all stated there is always enough food for the children and they can have more if they want. They have breakfast between 7:45-8:15 am, AM snack around 10:00 am, lunch around 12:00 pm, PM snack between 3:00-3:30 pm. There is always a fruit, vegetable, and protein component to their lunches. They have fresh fruits and vegetables, not canned. They follow the minimum meal requirements of the child and adult care food program. I looked at their menus and here is an example of what is given for each meal: Breakfast — whole wheat bagels with cream cheese and orange slices. AM Snack — pretzel crisps with sliced apples. Lunch — whole grain pasta with tomato sauce, side salad, and sliced oranges. PM Snack — pita chips with hummus. They did have the strawberry cream cheese roll ups on 7/27/21, but that is the only time it was on the menus for the weeks of 7/26/21 through 8/13/21. 5

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 4OO.814O Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On 4/30/2021, center owner Racheal Flanagan informed me of the incident between staff member Sarai D'Anna and Child A. She sent the incident report and stated that staff member Megan Stalford told her that Ms. D'Anna told 2 Child A to lie down during naptime and when did not, she forcefully pushed head into cot. When Child A woke up, Ms. talford noticed that Child A ha a fat lip and took to the office and told the office staff what happened. Ms. Flanagan talked to bot s. Stalford and Ms. D'Anna and put Ms. D'Anna on On 515/21, and I conducted an onsite inspection at the center. We met with owner Racheal Flanagan. Ms. Flanagan stated that after nap on 4/29/2021, Ms. Stalford came to staff member Michayla Watson and told her that Ms. D'Anna pushed Child A into cot, and now has a fat lip. Ms. Watson then called Ms. Flanagan, who was away from the cen er, and told her what happened. Ms. Flanagan told Ms. Watson to take Ms. D'Anna out of the classroom and bring her to the office until Ms. Flanagan's return. When Ms. Flanagan returned to the center, she talked to Ms. Stalford first. Ms. Stalford stated that Ms. D'Anna dr pushedtflun Child A down hard on ■ cot andi started crying. Then Ms. D'Anna laid next to to gets to sleep. Ms. Flanagan then spoke with Ms. D'Anna. When Ms. Flanagan asked Ms. D'Anna to tell her what happened, Ms. D'Anna was confused and asked what Ms. Flanagan was talking about. Ms. Flanagan told her Child A woke up from nap with a fat lip from her pushing ■ down onto cot. Ms. D'Anna stated she did not do that. She had only laid Child A down on pillow onU cot during naptime. Ms. Flanagan told Ms. D'Anna that she ;would be put on and Ms. D'Anna was u set and felt horrible that Child got u She again denied pushing down on cot. 3 Child A's Father came to pick up as Ms. Flanagan was investigating the incident. She explained to Chi 's Father what had happened and what they were doing to investigate. Ms. Flanagan stated Ms. D'Anna has been employed at the center for years and has never had any disciplinary actions, or any parent/staff complaints against her. Ms. Flanagan stated when she observed Child A after the alleged incident, ■ lips looked more chapped than swollen. also did not appear to be in pain or ■ distress. Ms. Flanagan stated since 4/29/2021, she has watched the video of the incident and the footage does not show what was resorted to her. On the video On 4/30/2021, Ms. Flanagan spoke with staff member Anna O'Rourke, who was also in the classroom during the incident. Ms. O'Rourke told Ms. Flanagan she did not see anything inappropriate happen, but she did hear Child A cry. and I interviewed Anna O'Rourke. Ms. O'Rourke stated she was over Win eplay kitchen area rubbing two children's backs to help them get to sleep. She heard Ms. D'Anna tell Child A to get back on scot once, then Ms. D'Anna went and put Child A on, cot and Child A cried. Ms. ourke stated what she saw "looked normal" and she did not think anything else of the interaction. Ms. O'Rourke stated Child A dent to sleep after that. Ms. O'Rourke stated after naptime, Ms. Stafford took Child A to the bathroom, and she noticed that Child A's upper lip looked "fat and red". Ms. O'Rourke stated Child A sucks thumb, so she was not sure if that may have been the cause of the redness. Ms. Rourke stated Child A is more difficult to get settled to sleep than the other children and sometimes does not listen.. Ms. O'Rouke stated she does not have any concerns regarding s. D'Anna's Cl interactionswith the children. She also has not received any parent, staff, or children's complaints regarding Ms. D'Anna. and I interviewed Madison Tappen. The classroom Child A is in is RMdivided o well-defined areas with bookshelves dividing the two sections. Ms. tw o Tappen works on the other side of the room, but she can see what is happening on Child A's side of the room. Ms. Tappen stated she was not in the room at the time of the incident, but she has worked with Ms. D'Anna f

Open Not marked corrected in the state record

Category: ratio. 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. 7

On 12/30/2020 Child D's Mother dropped off Child D to the center and asked Ms. Tori Schirk if anything had happened on 12/29/2020 to Child D. Child D's Mother found a bruise on Child D's arm after she picked up Child D from the center on 12/29/2020. On 12/30/2020 Ms. Schirk and Ms. Jasmine Crews looked at Child D's bruise and then showed Ms. Brittany Muth the bruise on Child D's arm. Ms. Muth told Ms. Schirk it looked like a handprint. On 01/01/2021 Child D's Mother emailed program director Racheal Flanagan. In the email Child D's Mother wrote "I picked (Child D) up on Tuesday and returned home, I discovered this very disturbing bruise on ■ arm. I asked one of the teachers about it when I dropped off Wednesday... and... it looks arm was liken forcefully grabbed...". On 01/07/2021 Ms. Flanagan called Licensing Consultant Jennifer Lietz about Child D's bruise, and on 01/08/2021 Ms. Flanagan emailed a written incident report (BCAL 4605) to Ms. Lietz.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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: (a) A child is lost or left unsupervised. (b) An incident involving an allegation of inappropriate contact. (c) A fire on the premises of the center that requires the use of fire suppression equipment or results in loss of life or property. (d) The center is evacuated for any reason.

Program director Racheal Flanagan did not report to the department within 24 hours the incident involving an allegation of inappropriate contact to Child D.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.