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 was insufficient evidence to support child care staff members not providing appropriate care and supervision of Child A.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

I made an unannounced onsite inspection at the center on June 20, 2023. I spoke with the Program Director/Licensee Designee Lori Harvey 2 regarding the allegations. She said Child A fell off the outdoor play equipment. I interviewed CCSM 1 about the incident. She showed me the play equipment on the playground. CCSM 1 showed me she and CCSM 2 were standing about 20 feet from the play equipment and had full sight of the children. CCSM 1 said Child A was standing on the edge of the platform when another child came up through the tunnel. The other child lost his balance, and he came through the tunnel and lurched forward, bumping into Child A and knocking her off the equipment. Child A fell approximately 4 feet to the ground. I measured the wood chips at the base of the play structure. The wood chips were approximately 3 inches deep. The play equipment is listed on the playground inspection report and is rated for children ages 2-5 years old. I interviewed Child A's mother who stated she requested CCSM 1 not let Child A go to sleep at rest time in case she has a concussion from her fall. When I interviewed CCSM 1 about this request, CCSM 1 said before Child A's Great Grandmother came to pick Child A up, they ate lunch and prepared for rest time. Child A had laid down and had fallen asleep before Child A's Mother texted the request not to let Child A sleep. When Child A's mother texted the request, CCSM 1 woke Child A up and kept her awake until Child A's great-grandmother arrived.

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. (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.

Licensee Designee Lori Harvey did not report to the department that Child A was taken to the emergency room after the incident.

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.

Licensee Designee Lori Harvey did not ensure an incident report was submitted to the department.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8170 · R 400.8170 Outdoor play area. (13) All pieces of playground equipment that have an elevated playing or climbing surface, regardless of the height of the playing or climbing surface, must be surrounded by a shock absorbing surface and meet the guidelines defined by the Consumer Product Safety Commission (CPSC) Handbook for Public Playground Safety, which is available at no cost at www.cpsc.gov. This handbook is also available for inspection, and distribution at no cost, at the Michigan Department of Licensing and Regulatory Affairs, Bureau of Community and Health Systems, Child Care Division, 611 West Ottawa Street, Lansing, MI 48933. The shock absorbing surface material may be either unitary or the loose-fill type. An exception to this subrule is provided for natural playgrounds.

Licensee Designee Lori Harvey did not ensure the wood chips surrounding the elevated play equipment was at least 9 inches deep.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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

I completed an unannounced onsite visit at the center on May 18, 2023. I spoke with Program Director Lori Harvey regarding the allegations. Lori Harvey said that CCSM 1 has worked at the center for over a decade and is a floater; she covers breaks in the classrooms. She has never heard CCSM 1 swear in front of children. Ms. Harvey stated that sometimes when CCSM 1 is upset she demonstrates that by slamming cupboards, or muttering, but she has never heard her say anything inappropriate in front of children. I interviewed CCSM 1, who stated she would never swear in front of children. She said she loves the children at the center and can't imagine having that much anger toward a child. CCSM 1 said she only redirects children or uses positive discipline. I interviewed five CCSMs, separately, who all work at the center. CCSM 2, CCSM 3, CCSM 4, CCSM 5, and CCSM 6 all stated they never witnessed CCSM 1 swear in 2 front of children. CCSM 2 said if CCSM 1 is upset, she may slam doors, or be short with people, but does not show anger toward children. CCSM 2 also said CCSM 1 uses positive discipline with children and helps children walk to the safe space in the classroom if children are upset about something. I interviewed CCSM 7 who did work at the center but no longer works there. CCSM 7 stated she heard CCSM call a child an "effing brat". CCSM 7 said there were no other staff members around to hear this statement and she did not hear CCSM 1 swear in front of the children again. I interviewed Child A's Mother and Child B's Mother. Both parents state they have never heard any staff members swear or be inappropriate in front of the children. Both mothers also state they have no concern with the actions of staff at the center.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

On 01/11/2023, the Child Care Licensing Bureau (CCLB) received an incident report stating that on 01/05/2023, child care staff member Ms. Cynthia Lockey noticed blood on the changing table when she changed Child A's (2- year-old, male) diaper around 11:30 AM. She looked at his head and noticed a cut on the back of his head with dried blood in the middle. Ms. Lockey checked with other staff in the room, and no one noticed Child A fall or hit his head. He never cried or indicated that he was hurt. Program director Lori Harvey called Child A's Mother and Child A was taken to the hospital where he received three staples. On 01/17/2023, I made an unannounced visit to the Mancelona Day Care Center where I interviewed child care staff member Cynthia Lockey and program director Lori Harvey. While onsite, I viewed the Birth to 3-year-old tuition -based classroom, the early head start classroom, and the gymnasium. I took 7 pictures of child information cards, two pictures of the early head start classroom, and 7 pictures of the gymnasium. I also took a picture of the child and staff attendance for the week of 01/02/2023. I first interviewed child care staff member Cynthia Lockey. Ms. Lockey is the lead teacher in the early head start classroom. On 01/05/2023, Child A had returned to the classroom from playing in the gymnasium. Ms. Lockey did not go to the gymnasium with the classroom because she was working on lesson plans. She changed Child A's diaper a few minutes after he arrived back from the gymnasium. While changing Child A's diaper, she noticed blood on the diaper pad after Child A had moved his head back and forth on it. Child A said "ow!" She found what appeared to be a cut directly in the center on the back of his head. Ms. Lockey administered first aid and she informed Ms. Harvey of the injury. Ms. Harvey called Child A's Mother. Ms. Lockey and Ms. Harvey looked around the gymnasium and the center to identify how Child A was possibly injured. Child care staff members Kristy Windish and Deb Fillion were present when the children had been in the gymnasium, and they reported not seeing Child A being injured while there. Ms. Lockey and Ms. Harvey did find a small amount of blood smeared on the center of the gymnasium floor. Ms. Lockey did not witness Child A getting injured in the classroom and she does not know how the injury to Child A's head occurred at the center. Child A's Mother picked Child A up and took him to the emergency room where he received three staples. Child A is known to trip and throw himself on the floor when he is upset. He only uses one to two words to communicate, and he is known to not report to staff when he is injured. I next interviewed program director Lori Harvey. On 01/05/2023, Ms. Lockey informed her that Child A had an injury to the back of his head which was observed when Ms. Lockey was changing his diaper. Ms. Harvey identified the injury to be in the back center of Child A's head. They administered first aid and then she called 4 Child A's Mother. Child A was taken to the hospital where he received three staples in his head, and he returned to the center on 01/09/2023. Ms. Harvey and Ms. Lockey then walked around the center to locate how and where the injury occurred. She observed a small smear of blood in the middle of the gymnasium. Since they observed a smear of blood in the gymnasium, she is assuming the injury occurred there. The classroom was in the gymnasium between 10:30 to 11 or 11:15 AM with child care staff members Deb Fillion and Kristy Windish. Neither Ms. Fillion nor Ms. Windish were aware of Child A injuring his head. Ms. Harvey also thought that it was possible for Child A to have had a previous injury on his head which became reinjured but when she talked to Child A's parents about this, they denied Child A having a previously injury to his head. There was a total of seven children in the gymnasium with Ms. Fillion and Ms. Windish on 01/05/2023. While in the gymnasium, the child

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.