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. ..... ... .............. ................... .......... ..................
The center office is not approved child use space and should not have been used by Child A.
R 400.8167 · Correction status not published
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.
An allegation involving inappropriate contact from Child A's Mother was made to the center on 04/04/2022 and was not reported to the department within 24 hours.
R 400.8158 · Correction status not published
R 400.8140 Discipline. ................................. ........ (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used. 1
On 04/05/2022, I privately spoke with Child A's Mother who stated that when she picked up Child A on 04/04/2022, she was told by child care staff member, Kendra Kozak, that he had rough day and did a lot of crying. Prior to leaving the center, Child A's Mother spoke with Child A who said he was mad because Ami put her legs over him while he was laying down to take a nap. Child A then told her that Ms. Ami put her hand the back of his head. Child A's Mother said his words were "she put my head down and I couldn't' breath." Child A then said he got up, went into the bathroom, shut the door, and started crying. When he tried to come out of the bathroom, Ms. Ami was holding the door and said she would not let him out unless he stopped crying. Child A's Mother asked Ms. Kozak for more information and was told that in Ms. Kozak's opinion, child care staff member, Ami Buck, was aggressive with Child A and that she left to take her lunch as they were trying to get Child A to take a nap so she is not sure what happened after she left. Child A's Mother then stopped in the office on her way out and spoke with licensee designee/program director, Rachelle Terrana. Ms. Terran did verify that she had reviewed the video footage. Ms. Terran observed Ms. Buck put her ankle on Child A, as well as her hand on the back of his head, and arm across his back because he was fidgeting. Child A's Mother was informed that it was a coping mechanism that Ms. Buck was using. Child A's Mother was aware that Child A does not like taking naps and the child care staff members would have him sit in the office. Child A's Mother requested to review the video footage but was denied. Child A is no longer enrolled in the center following this incident. On 04/06/2022, I privately spoke with licensee designee/program director, Rachelle Terrana. Ms. Terrana indicated that on 04/04/2022 Child A's Mother came to her with concerns that she was told that Child A was being held down on his cot and locked in the bathroom during nap time by child care staff member, Ami Buck. Ms. Terrana told Child A's Mother that she would investigate her concerns and give her a call. Ms. Terrana reviewed the video footage and witnessed Ms. Buck to have her ankle on Child A's ankle, but that she was not "holding him down" The video footage also showed Child A to run into the bathroom and lock himself in there. While inside the bathroom, Ms. Buck was standing outside the door and talking to him. It appears that Ms. Buck was trying to get Child A to unlock the door because Ms. Buck was observed to go and get something to unlock the door and Child A then came out. Ms. Terrana denied that Child A was locked in the bathroom by child care staff members and not allowed to get out. 3 On 04/08/2022, I observed video footage from 04/04/2022 of Child A in the classroom following lunch time beginning at 12:19 PM to 1:11 PM. The video footage shows child care staff members, Ami Buck, Esmeralda Alvarez, and Kendra Kozak helping the children transition from finishing lunch to nap time. Children can be observed laying on their cots and going to sleep or some were reading a book. During this hour-long footage, Child A was observed to be on and off his cot getting books and going back and forth to the bathroom. The child care staff members were observed to follow him and appropriately guide him back to his cot. At one point, Child A is observed to be running around the room, in the front curtains, and even attempts to leave the classroom. Child A also trips over another cot, waking that child, tripping, and falling. The video does show when Child A went into the bathroom, alone, and shuts the door. The light to the bathroom is on, Ms. Buck and Ms. Alvarez are outside the bathroom door and appear to be trying to get Child A to open the door. Ms. Buck is observed to get something to unlock the door. When Child A comes out, she picks him up and carries him to his cot. As she was walking Child A to the cot, he was