R 400.8330 Food services and nutrition generally. (1) Snacks and meals must be provided by the center, except when lof the following circumstances occurs: (a) A majority of the children are in attendance less than 2.5 hours. (b) Food is provided by a parent.

On August 11, 2022, I observed the facility to have an adequate amount of food. said the children are always served breakfast, however, due to lack of Ritcen staff, it has been served later. Breakfast is scheduled to be served at 8:30a.m. but has been coming between 9:30 a.m. and 10:00 a.m. said breakfast is served daily. She stated that the meal is delivered to "er"assrcom between 8:00 a.m. and 9:00 a.m. said breakfast is served daily. However, lately it has been coming after a.m. said children are fed each meal daily. She said that typically Preabreakfast is served between 8:00 a.m. and 8:30 a.m. but sometimes it "lags" and arrives after 9:00 a.m. Child D's Mother stated that she does not have any concerns with the meals at the child care center. During the exit conference, consultation was provided offering possible ways to assist with getting breakfast out on time when staff is low. ............. ..................

R 400.8330 · Correction status not published

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: TABU 4 Child Care S€af Mlmbor to child Ratios ,ge (:hid Cr Soff .'iC`i her Maximum Group to Child Ratio Size Infants and toddies, birth urai.l 1 l 1 to 4 12 niontht of agr th) Pt-a mhooi . 30 months of age until 3: I to R 16 S.S o i3 L' IC) Prema:.:ho&ers., , years of age until 4 Ito 10 30 `eaara oofage ,Ld, P choktt. 4 yeft" r_bt atfi. Urit'd I to l 36 (c S: s.t- sous Ito l8 ;u

The complainant reported the infant room, and the 2-year-old rooms are always out of ratio. said there have been staff shortages. She stated that of the eight classrooms in the center, they are only operating in four on the day of the onsite inspection. were interviewed separately. Each childcare staff member reported that ratio is not met on a regular basis. They each reported that they've had to care for more children than indicated in the ratio regulations. 5 On August 11, 2022, 1 observed the following: • Preschool class, where the youngest child is 3 years old, had 12 children with 1 CCSM. This classroom was in noncompliance with the 1:10 ratio requirement. An additional CCSM should have been present. • The Pre-K (4-year-old) class had 18 children with 1 CCSM. This classroom was in noncompliance with the 1:12 ratio requirement. An additional CCSM should have been present. • The Toddler class had 20 children present with 2 CCSMs. This classroom was in noncompliance with the 1:4 ratio requirement. Three additional CCSMs should have been present. • The Infant class had 8 children present with 2 CCSMs. • School age children were away from the building on a field trip. On December 28, 2022, Child D's Mother reported that back in July or August, she noticed that during drop-off there would be staff shortages. Although, she has never had any concerns with the care Child D received. Recently, things have been a lot better.

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

On 05/25/2022, I spoke with Taquita Wright, program director. I requested to see the video footage from 05/03/2022 in Child A's classroom. Ms. Wright said she would contact Jennifer Gundersen, regional director to request the video footage and schedule a date for me to review the video. On 05/25/2022, I spoke with Child A's Mother. She explained that she observed Taylor Johnson, Child Care Staff Member (CCSM) force Child A's head down on the cot. She said this happened during nap time, and she was watching the live feed video. Child A did not have any marks or bruises. Child A was moved to the preschool classroom and was there for 8 days after the incident. Child A's Mother said she is on maternity leave now and Child A is home with her. On 06/01/2022, I spoke with Ms. Wright. We scheduled the video footage review for 06/08/2022. I spoke with Ms. Audrey Williams, Assistant Program Director. She explained that Child A's Mother called the child care center on 05/03/2022, she reported that she observed Taylor Johnson, Child Care Staff Member (CCSM) force Child A's head on the cot during naptime. Child A's Mother requested that Child A be removed from the classroom. Ms. Williams told Child A `s Mother that she would look into the situation. Mikaela Mattison, CCSM went to get Child A from the classroom and brought him to the front office. She then took him to Pre-K for the rest of the day. On 06/08/2022, I complete an onsite inspection. I met with Ms. Wright and Ms. Gundersen. Ms. Wright stated that when Child A's Mother called the child care center to report that Taylor Johnson forced Child A's head down on the cot, Makayla Mattison took Child A to her classroom. I was unable to interview Ms. Mattison because she was not at work. Ms. Wright has never observed Taylor Johnson forcing Child A head down on the cot or received any reports from other staff of any incident like this. Ms. Wright has never received any complaints from other parents that Taylor Johnson has ever forced any child's head down on the cot. On 06/08/2022, I reviewed the video footage from 05/03/2022 with Ms. Wright and Ms. Gundersen. I observed Child A during naptime. I did not observe Taylor Johnson forcing Child A head down on the cot. Taylor Johnson placed Child A `s cover on his cot and she was talking to him. Child A laid down on the cot and I observed her touch his head, and force was not used. On 06/08/2022, I spoke with Taylor Johnson, CCSM. She explained that she did not force Child A's head down on the cot. Child A went in the bathroom, with another male child. When she came out of the bathroom with Child A she put his cover on the cot and told him to lay down. Child A told her no and then laid down on the cot. She explained that she gently touched Child A head and encouraged him to lay down. Ms. Johnson stated that if they have a difficult time with Child A or any child 3 she will call the front desk and speak with Ms. Taquita Wright or Audrey Williams, Assistant Director. On 08/15/2022, I spoke with Mikaela Mattison, CCSM. She stated that Child A Mother called on 05/03/2022, she was upset and she reported that she observed Ms. Johnson forcing Child A to lay down on the couch. She transferred the call to Ms. Williams and went to check on Child A. She brought Child A to the front for a couple of minutes. Child A did not have any marks or bruises. She took Child A to the Pre-K classroom for the rest of the day.

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

On 03/18/2022 I called the complainant over the phone to get more information. Originally the complaint information read as follows: "I don't know her name but it was the teacher of the toddlers' room. She, on multiple occasions, would point and demand the child to come to her and when [Child A] who has a learning or mental disability, was acting out, she grabbed him by the arm and 2 lifted him off the floor. She didn't drag him, she forced his arm to hold up the full weight of his body while she moved him into the room. The first time it happen on the way to the classroom. He wouldn't come inside fast enough so that was her reasoning. The second time it was the same woman with a different child. A couple of kids got into a disagreement over a toy. A child pushed the other off a rideable toy, so the teacher grabbed him by the arm and yanked him off and yelling at him." The complainant did not answer but sent a text message. The message stated she was at work and could only text. I shared that I was at the center and asked if she was able to name the child care staff member who grabbed Child A. She said all she knew was that it was a toddler room teacher. She also did not have dates of when the two incidents occurred. On 03/21/2022, I conducted an unannounced on-site inspection at the center. The director, Taquita Wright, was not present but was contacted by phone. I interviewed her over the phone while at the center. When I shared the allegations, she identified the three toddler child care staff members and denied any known reports of inappropriate care or discipline. The three regular child care staff members in the toddler room are Patricia Lewis, Marinelle Hernandez, and Margaret Mukes She added that there are cameras in the classrooms but not the hallways. I observed the toddler classroom with 17 children, ages 14 months to 2 years, with three child care staff members. Margaret Mukes was not present on that day. Before interviewing the child care staff members, I texted physical descriptions to the complainant. I told her only two of the three child care staff members were at the center today. The complainant identified the child care staff member as Patricia Lewis. I interviewed Ms. Lewis while at the center. She started working at the center January 4, 2021. She is visibly seven and half months pregnant. She denied having any prior complaints from children or parents. She denied a time picking a child up by the arm off his or her feet. She said Child A on occasion will drop giving all of his body weight while he is being guided by the arm or hand. I asked how she handles a child who is not cooperating. She said she will talk to them and guide them with her hand. She said in her current physical state she really is not able to lift a toddler. She does not really doesn't raise her voice. She denied a time when she pulled a child off a toy. She said she would address that situation by separating the children from the toy and/or each other and explaining that it's not ok to do that. She is aware of the center's discipline policies and that she is a mandated reporter. She feels she has properly trained and able to provide appropriate care of children. She suggested three children whose parents I could interview to attest to her ability to provide appropriate care. I interviewed Marinelle Hernandez. She has worked at the center for two months with Ms. Lewis. She said Ms. Lewis is very calm and speaks softly to the children. She does not really have to raise her voice towards the children. She described her as very sweet. Ms. Hernandez verified that some of the children "go limp" including 3 t ' '~ i • •LUllI I iiI] ll . • -I • • • NOT !' 0

R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of childcare 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)lnfants and toddlers, 1 to 4 12 birth until 30 months of age

On 11/18/2021, I interviewed the complainant over the phone. She said the infant classroom as too few teachers for the number of infants when she drops off her child. She feels bad for the child care staff members because they get no help. Managers are always standing in the lobby not offering help nor do they answer the telephone. On 11/18/2021, I conducted an unannounced onsite inspection. I interviewed assistant director, Audrey Williams. She has worked for the company for two years and is knowledgeable of the of child care staff members to children ratio requirements for infant and toddlers. She said the center has two infant rooms. Infant room 1 is not open right now due to low enrollment. The center has 22 child care staff members with three assigned to Infant Room 2, which has 18 children 2 currently enrolled. Ms. Williams said the center does not regularly have staffing issues, but rooms can have ratio issues when child care staff members call off. During the onsite inspection, I observed three child care staff members with 11 infants/toddlers in Infant room 2. I also observed 15 cribs in the classroom. CCSM 1 and CCSM 2 both said staffing can be an issue. They said two to three times a week they are out of ratio in the classroom with two to three children over. Both child care staff members said the center keeps enrolling more infants and she is anticipating a new child later today and two more later this week. CCSM 3 is not always working in the infant room and did not have any information to share. I asked what is different about Friday's schedule. CCSM 1 said although some children are part-time, Friday is no different than any other day. She denied that non-compliance happens on one day more than other days out of the week. I asked if help is available when they start to become out of ratio. CCMS 1 and CCMS 2 both said coverage help was not always available. I spoke again with Ms. Williams before leaving the center. I reviewed a weeks' worth of attendance records to verify ratio compliance. During the week of 11/05/2021 — 11/12/2021 the center complied with ratio all five days. On Friday, 11/05/2021, there were 12 children with three child care staff members. On Monday, 11/05/2021, there were 12 children with three childcare staff members. On Tuesday, 11/05/2021, there were 12 children with three childcare staff members. On Wednesday, 11/05/2021, there were 10 children with three childcare staff members. On Thursday, 11/05/2021, there were 11 children with three childcare staff members. On Friday, 11/05/2021, there were 12 children with three childcare staff members. Ms. Williams denied that new infants were being enrolled today or this week. She said the child care staff members were mistaken. I sympathized with the centers struggle to cover all shifts. I reminded her that the center must still always comply with ratios requirements, which means children would have to be turned away if there is not enough child care staff members. On 11/18/2021, after leaving the center I interviewed the program director, Taketa Wright by phone. I told her that although I saw ratio compliance in the classroom on that day and on the week worth of attendance logs, I am recommending an increase monitoring to include unannounced inspections. After interviews with child care staff members and the complainant there is evidence of a staff issue in the infant classroom. She admit that there have been issues related to ratio. However, she denied that this is an ongoing problem. She said the center already has plans to hold a hiring fair. She spoke highly of her current staff and their desires to be incompliance with all licensing rules. She denied they are continuing to enroll children in the infant room despite staffing issues. 3

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: K Age Child Care Staff Maximum member to Child Ratio Group Size a) Infants 1 to 4 12 and toddlers, birth until 30 months of age

On 10/8/2021, the caregiver to child ratio in infants was 2:13, there should have been four child care staff members present. The caregiver to child ratio in toddlers was 2:9, there should have been three staff members present. The maximum group size of 12 for infants was not maintained.

R 400.8182 · Correction status not published

R 400.8143 Children's records. (11) A center shall maintain an accurate record of daily attendance at the center that includes each child's first and last name and each child's arrival and departure time. Electronic records may be used. If electronic attendance records are used, then they must be available to the department at the time of an inspection. If the electronic attendance records are not available during an on-site inspection, then the center is in violation of this rule.

The center did not maintain an accurate record of daily attendance at the center. The infant room sign in sheet was the only attendance available. Electronic records were not available to the department at the time of inspection.

R 400.8143 · Correction status not published

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 member to Child Ratio Group Size b) Preschoolers, 1 to 8 16 30 months of age until 3 years of age