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 7/18/22, I spoke with Ms. Kelly, program director. Ms. Kelly explained that there were three groups of school age children in studio one which is like a gymnasium area for gross motor play. RayeAnne McGree, child care staff member, took her backpack into the room and put it on the floor behind some tables. Her backpack had pepper spray on it. Child A got a hold of it and set it off. They evacuated the studio because of this. I interviewed Child A's Mother. The children were in studio one playing. Child A was playing with the pepper spray on the child care staff member's backpack and set it off. Child A was afraid she would get into trouble because she was playing with 2 it. The staff did not know what had happened until Child A told them when they evacuated the room and were in the hallway. On 7/19/22, I made an on-site visit with Tania Allard, child care consultant. Ms. Kelly, program director, and Courtney Powell, school age site supervisor were present. Ms. Kelly explained that there were three groups of school age children in studio one. Ms. McGree had her backpack with her and she has pepper spray attached to it. She usually takes off her pepper spray and leaves it her car and she forgot to this day. Ms. Powell explained that Ms. McGree is not one of Child A's caregivers. Hannah Pastorino was the lead in Child A's room that day. She was assisting a child that was having a meltdown when Child A got a hold of the pepper spray. The other child care staff member, Cecilia Lundsted, assigned to Child A's group of children was taking a few children to the bathroom. I reviewed the children and staff attendance for the day and time of the incident. There were thirty school age children and five child care staff members. Ms. Powell understood that Child A set off the pepper spray and no one knew what happened until Child A told them what she did. The children and staff started coughing and they had to leave the room. I observed studio one . It was a big room like a gymnasium. The area where they backpack was laid was on the floor by a shelving unit. None of the child care staff observed Child A get the pepper spray. On 8/02/22, I interviewed RayAnne McGree, child care staff member who owned the backpack with the pepper spray attached. She went on a hike before her shift that day and forgot to take off her pepper spray from her backpack. That afternoon they took the children into studio one. They were in the room with two other school age groups so they could play some games together. She was playing a game with some of the children. She noticed a group of children started coughing and she did not know what happened. They started to evacuate the room and while they were gathering children in the hallway Child A told her that she was playing with the thing on her backpack. That is when she realized it was the pepper spray and that Child A had set it off. She feels bad about it and knows it could have been a lot worse than it was. She has set a reminder on her phone to leave her pepper spray in her car. On 8/04/22, I interviewed Hannah Pastorino, lead child care staff member for Child A's school age group. Ms. Pastorino recalled the pepper spray incident. She was trying to calm a child down that was over stimulated when Child A got a hold of the pepper spray. She noticed some children and staff started coughing and went over to investigate the problem. They started to evacuate the room and that is when she was told Child A had set off Ms. McGree's pepper spray. 3

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8365 · ............................................... R 400.8365 Heating; temperature. ...................................... (2) The indoor temperature must be at least 65 degrees Fahrenheit in child use areas at a point 2 feet above the floor.

On 3/31/2022 I conducted an onsite visit at the Midland Community Center. Upon arrival to the facility, several parents and children were observed leaving the facility. Program Director Laurie Kelly was met at the door and she advised the power went out at the facility a short time ago and due to the estimated time of power restoration being late in the day, the decision was made to close the facility. Only a couple of children and staff remained and they were in an area of the facility with large windows letting natural light into the room. Ms. Kelly was spoken with about the allegations and she said that on Monday 3/28/2022 they came into the facility in the morning to open and realized it was colder than normal. One of the three boilers that heats the large facility had broken over the weekend. Facility maintenance staff was already onsite working to fix the issue. She said it was cold in the facility, but the classrooms on the main level of the facility have electric wall heating/cooling units built in. The lower level classrooms are preschool aged children and they kept the children's coats on and did more activities based on movement. Maintenance staff were coming around consistently to check the temperature of the classrooms. On 3/31/2022 I contacted Licensee Designee Andrea Secrease via telephone and advised of her of the complaint and the site visit. The maintenance staff is doing their best and if the boiler was unable to be repaired or another boiler had gone down, they would have contacted parents and closed the facility. 2 On 4/18/2022 I completed an onsite inspection at the Midland Community Center. Child Care Staff Member Courtney Powell was spoken with. She provided a tour of all the classroom spaces. The classrooms were all at an appropriate temperature. Facility Maintenance Supervisor Mike Schafer was spoken with about the complaint. The facility has three boilers used for heat. The building and boilers are old and ground will be broken on a new facility within the next year. One of the boilers went out sometime on Sunday 3/27/2022. The other two boilers continued to operate but were struggling to keep up with demand given the colder temperature outside. The broken boiler was fixed around noon on 3/28/2022. Program Director Laurie Kelly was kept apprised of the situation and progress. Maintenance staff went around to the classrooms and took temperatures periodically. The temperature could have been as low as 60-62 degrees in a couple of the classrooms for a short time before the heat came back on. He had nothing to verify that temperatures got that low, but that was his best estimate. Child care staff members Rashelle Hect and Rhia Parsons were spoken with. They were both present on that day in the infant room on the main level. They stated it was not a big deal and they did not really notice much of a difference. They kept the infants in warmer outfits and they could have turned the wall unit on if they thought it was necessary. This is not a regular occurrence. One of the women is a parent of a child attending the program on the lower level of the building and that child never complained about it being too cold in his classroom. Child care staff member Tracy Imhoff is a lead teacher in one of the preschool classrooms on the lower level of the facility. Her classroom seemed like it was the coldest. The temperature was checked with a thermometer and it got as low as 62 degrees for a short time. The staff dressed the children in warmer clothes and had the children participate in more activities that involve movement. They also had blankets available if children were cold while sitting down. Children in the classroom did not seem to mind and there was not much said about it. She felt the difference in temperature compared to what it normally is and remembered her hands being cold. She felt like the maintenance staff were doing their best to get things working and by early afternoon the room had warmed back to n

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 05/18/2021, I spoke with Child A's (male, 1 year) mother who stated she was notified that Child A was burned when a bottle warmer that was on the counter tipped over and spilled water on Child A's back. She went to the local emergency room, which then sent her to Hurley. Child A will be in a special dressing for burns until Monday when she has a follow-up visit. Child A received a second degree burn. On 05/19/2021, I had an onsite inspection and initially met with Tai Petrillo, Program Director who said the incident happened on 05/17/2021. Another toddler in the same room was on a pillow that was sitting on the floor, waving a book in her hand. As the book flew out of her hand, it hit the bottle warmer, causing the bottle warmer to tip over, splashing hot water on Child A's back. The bottle warmer was on as a bottle was being warmed. Ms. Petrillo has already taken measures so this will not happen 2 again. The bottle warmer has been pushed back to the wall on the counter and sits inside of a container. Ms. Petrillo will also provide a mandatory safety training for all staff to attend and she has moved the pillows that were on the floor, to a different area in the room. On 05/19/2021, I met with Melissa Benner and Kalie Colvin, child care staff members; while onsite. Per Ms. Benner, there was a pillow that sat in the soft area on the floor on the side by the counter. It got kicked out of place but was still by the counter. Child E (female, 14 months) was standing on the pillow and had a book in her hand. She was swinging the book around when it hit the bottle warmer. It knocked it over and spilled on Child A. They put cold compresses on him and called Child A's mother. According to Ms. Colvin, there were five children in care and two staff members. They have since removed the pillows, moved the bottle warmer and put it in a container, which has Velcro on the bottom of the container to make it stationary to the counter. On 06/01/2021, I spoke to Child B's (female, 10 months) mother and Child C's (female, 5 months) mother. Neither parent had any issues or concerns. On 06/03/2021, I had an onsite inspection and exit conference to go over the rule violations and for Ms. Petrillo to sign the corrective action plan. On 06/21/2021, I spoke to Child D's (female, 11 months) mother who had no concerns or issues.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8330 · R 400.8330 Food services and nutrition generally. (15) Bottle warmers must be placed where children cannot access them or reach the cords for them. K

On 0517/2021, the bottle warmer was not placed where a child could not have access, as Child E was swinging a book around and it flew out of her hand and was able to knock the bottle warmer over.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.