R 400.8140 · R 400.8140 Discipline. (4) A written policy must be developed and implemented regarding the age-appropriate, non-severe discipline of children. The policy must be provided to staff and parents.

Ms. Hayes and CCSM 1 did not follow the center's written discipline. Ms. Hayes gave CCSM 1 permission to use physical discipline on Child A, knowingly in violation the center's policy and the child care licensing rules. CCSM 1 did not follow the center's discipline policy when she used physical discipline with Child A.

Open Not marked corrected in the state record

Open / not marked corrected.

MCL 722.115m Child care center, group child care home, or family child care home; requirements for licensure. (2) A person, partnership, firm, corporation, association, nongovernmental organization, or governmental organization shall not establish or maintain a child care center, group child care home, or family child care home unless licensed by the department. Application for a child care center, group child care home, or family child care home license shall be made on forms provided, and in the manner prescribed, by the department, including the fees required under subsection (10). Before issuing or renewing a child care center, group child care home, or family child care home license, the department shall investigate the applicant's activities and proposed standards of care and shall make an on-site visit of the proposed or established child care center, group child care home, or family child care home. Except as otherwise provided in this subsection and sections 5q and 5r, if the department is satisfied as to the need for a child care center, group child care home, or family child care home, as to its financial stability, and that the service, facility, applicant, licensee, child care staff member, or member of the household is conducive to the welfare of the children, the department shall issue or renew the child care center, group child care home, or family child care home license. If the department determines that a service, facility, applicant, licensee, child care staff member, or member of the household is not conducive to the welfare of the children, the department shall deny that application or revoke that licensee's license according to section 11. 17

On 3/22/23 worker made an unannounced onsite visit to the center. spoke with hild Care Staff Member (CCSM) 1 regarding the allegations. acknowledged working at the center in the toddler room as a CCSM. She said the type of discipline she uses with the children is based on the ages of the children. CCSM 1 said children ages 1 to 2 years old get a time-out, children 3 and 4 years old get a time-out or a "tapping" on the hand. CCSM 1 denied smacking any child on the arm or face; she denied leaving any marks on any child in care. CCSM 1 informed Ms. Anderson that Child C got hurt on 3/15/23 by falling and hurting his arm. CCSM 1 applied ice to Child C's arm. CCSM 1 said on occasions she may smack or "tap" a child's hand as a form of discipline but has not hit a child hard enough to leave a mark. CCSM 1 said the centers discipline policy consist of telling the toddler-aged children "no." On 3/21/23, , made an unannounced onsite visit to the centerand interviewed s. Alexis Hayes, licensee designee. nformed her of the allegation. Ms. Hayes said last week Former CSM 5 Winorm"eher about concerns regarding CCSM 1 hitting child care children. Ms. Hayes had a conversation with CCSM 1 via text message about the concerns that were reported. CCSM 1 denied hitting or slapping any child care children. Ms. Hayes said she took CCSM 1's word for it and never checked the video footage to see if an incident occurred. Ms. Hayes said she has worked in the same room as CCSM 1 and has never seen her hit, smack or use any other forms of physical discipline with a child in care. Ms. Hayes said Child A attends care in the toddler room with CCSM 1. Ms. Hayes said at times, she may "pat" Child A on the bottom as a form of discipline, but she does not do this to the other child care children. Ms. Hayes said the center's discipline policy consists of children ages 3 years and older get time- outs, and children under the age of 3 years get redirected. Ms. Hayes placed a safety plan in place to agree to not use physical discipline on any child care children. She will look into providing training for herself and the other CCSM's; she will only use verbal redirection and time-outs for children over 3 years of age if the behaviors warrant this action. On 3/21/23, , contacted Child B's Parents via telephone. verified the wellbeing of Child B , male) and verified him, being enrolled in care at the center. informed Child B's Ill Parents of the pending allegations involving Child B. Child B's Mother said Child B has not attended care at the center since 3/15/23 due to him being ill. On 3/21123, , made contact with Child D's Parents at their home. Renverified thewellbeing of Child D , male) and verified him being enrolled in care at the center. Child D did not have any marks or bruises observed on him. He was not forensically interviewed due to his age and lack of communication. Child D's Mother did not have any concerns regarding the center, and she has never seen any unexplained marks or bruises on Child D. Child D's Mother said if Child D gets injured while in care at the center, the center notifies her via telephone or text message. CCSM 1 and CCSM 2 are the CCSMs who work in the toddler room and Child D loves CCSM 1. On 3/21/23, , made contact with Child C's Parents at their home. verified th wellbeing of Child C t male) and verified himPeing.enrolled care at the center. Child C did~ not have any marks or bruises observed on him. He was not forensically interviewed due to his age and lack of communication. Child C's Mother did not express any concerns with the center and said all of the CCSMs have been great in communicating with her. If Child C falls at the center, the center notifies her right away. Child C's Mother said CCSM 1 is the main CCSM for Child C. On 3/22/23, and I met with Child B's Mother at her home. Due to Child B being ill, P l erva ion took place from the porch of the home. verified Child B's , male) well-being but was unable to forensically inte

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.

On 03/15/2023, CCSM 1 did not provide appropriate care and supervision of Child A, Child B and Child C. When she had inappropriate contact with each child. On three separate incidents CCSM 1 grabbed Child A by her arm, smacked her buttocks and then flicked Child A in the face with her finger, grabbed Child B by his arm and drug him toward her while she sat on the floor and smacked Child C on his arm as forms of discipline.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8125 · R 400.8125 Staff; volunteer; requirements. (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children. 19

On 3/15/23, CCSM I did not act in a manner that is conducive to the welfare of children on three separate incidents involving three separate children; First, when CCSM 1 smacked Child C on his arm and later iced a red mark on the same arm she smacked before Child C was picked up by his parents. On the same day, CCSM 1 grabbed Child A by her arm, smacked her buttocks and then flicked Child A in the face with her finger as a form of discipline. On 3/15/23, CCSM 2 did not act in a manner that is conducive to the welfare of children when she failed to protect Child A, Child B and Child C while on three separate incidents CCSM 1 grabbed Child A by her arm, smacked her buttocks and then flicked Child A in the face with her finger, grabbed Child B by his arm and drug him toward her while she sat on the floor and smacked Child C on his arm as forms of discipline. CCSM 2 knowingly allowed CCSM 1 to inappropriately handle Child A, Child B and Child C without taking appropriate measures to stop or prevent CCSM 1 from conducting these actions. CCSM 2 was aware of her requirement to report CCSM 1's actions as a mandated reporter and failed to do so.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8140 · 1 R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

CCSM 1 did not provide the children with positive methods of discipline on three separate occasions involving Child A, Child B and Child C. On 3/15/23, CCSM 1 grabbed Child A by her arm, smacked her buttocks and then flicked Child A in the face with her finger, grabbed Child B by his arm and drug him toward her while she sat on the floor and smacked Child C on his arm as forms of discipline. I

Open Not marked corrected in the state record

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. ................................................ ..............................................................................................................................................

The staff at Lil' Beginners Learning Center II, LLC provide appropriate care and supervision pursuant to child care staff member reports that children are well cared for, staff are attentive, cell phone usage is minimized to naptime and emergencies, and verbal interactions are appropriate.

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. ....................................... .... ....................................................................... ......................................................................................................... (9) A center shall not deprive a child of a snack or meal if the child is in attendance at the time when the snack or meal is served.

Child A was provided lunch each day and she ate some of the items her mother sent; the remaining items were sent home. Generally, Child A always ate the snacks served by the center. ...................................................... .......................................................................................................................................

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8137 · R 400.8137 Diapering; toileting. (4) A plastic-lined, tightly covered container must be used exclusively for disposable diapers and training pants and diapering supplies. The container must be emptied and sanitized at the end of each day.

The trash can used to store dirty diapers in the infant classroom did not have a lid.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: 11 .............. ....................................... ............................. ................................ (c) Restricting a child's movement by binding or tying him or her.

Child care staff member Tammy Lavasseur on a few occasions placed Child B in the table high chair for a 2 minute timeout. 1/2

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8140 · R 400.8140 j Discipline. (2) All of the following means of punishment are prohibited: (i) Timeout must not be used for children under 3 years of age.

Child care staff member Tammy Lavasseur on a few occasions placed Child B in the table high chair for a 2 minute timeout. 1/2

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8170 · R 400.8170 Outdoor play area. ......................................... ................. ..... .............. ............................... (11) The playground equipment, use zones, and surfacing in the outdoor play area must be inspected by a certified playground safety inspector and an approval granted for playground equipment and areas used before issuance of an original license, upon request of the department, and before using any newly added playground equipment. The center shall provide documentation of the inspection to the 12 department upon request and shall keep it on file at the center.

There were two pieces of residential climbing equipment in the infant/toddler outdoor play area and no ground cover. Residential climbing equipment is not allowed at a licensed center. Upon request for a playground inspection, I was provided with a playground summary. Ms. Hayes indicated she would reach out to the playground inspector and obtain the completed report and provide this to the department.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8170 · R 400.8170 Outdoor play area. (6) There must be a shaded area to protect children from excessive sun exposure, when necessary.

There was not a shaded area in the infant/toddler play area to protect children from excessive sun exposure.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.8340 · R 400.8340 Food services and nutrition; provided by parents. (3) Breast milk, formula, milk, other beverages, and food furnished in a same-day supply must be covered and labeled with the child's first and last name and the date.

There were ten water cups/bottles in the outdoor play area that were not labeled with the first and last name and date. There were three water cups/bottles with only a first name. There were bottles in the infant classroom that were not labeled with the date and child's first and last name.

Open Not marked corrected in the state record

Category: nutrition. 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.

Alexis Hayes, licensee, submitted an incident report notifying the department that a child walked away from the child care center. I interviewed Ms. Hayes at the child care center on March 28, 2022. Ms. Hayes reported that she worked at the child care center from 8:00 a.m.-10:30 a.m. on March 25, 2022. At 4:03 p.m. she received a call from Child Care Staff Member 1, informing her that the Michigan State Police arrived at the child care center with one of their child care children. Ms. Hayes said she immediately headed back to the child care center. When she arrived, there were three police Troopers present and Child A's Mother had arrived. Ms. Hayes said that when she arrived back to the center, Child Care Staff Member 1 informed her that she was outside with a group of children, including Child A, age 3. But two children were picked up while they were outside. When they went back inside to the classroom, she counted 11 children and all of the children were present. Child Care Staff Member 1 informed Ms. Hayes that while she and Child Care Staff Member 2, were removing children's coats and getting them settled, a mother picked up an infant and they believe Child A followed her out the door. This would not have been possible because Child Care Staff Member 1 reported that they came in from the playground between 3:40-3:45 p.m. The State Police were called by Witness 1 to report that she had an unknown child at her home, at 3:28 p.m. On April 4, 2022, 1 interviewed Alexis Hayes, Child Care Staff Member 1, Child Care Staff Member 2, and Child Care Staff Member 3. Ms. Hayes Ica informed us that when she returned to the child care center there were three Michigan State Police Troopers present and Child As Mother. She knew from the telephone call from Ms. Rankin, Child Care Staff Member 1, that Child A had wandered from the center and that the police returned Child A to the center. Ms_ Hayes was informed by Child Care Staff Member 1 that she came inside with the children, and the children were taking off coats and getting their diapers changed. Child Care Staff Member 1 informed Ms. Hayes that she believes Child A came inside and then followed another parent out the door at approximately 3:32 p.m. I interviewed Child Care Staff Member 1, who works in the toddler ~Ca~ssroom. Child Care Staff Member 1 said that the children woke up from nap after 2:30 p.m. They had snack and then put their shoes on to go outside. Child Care Staff Member 2 was still getting some of the children ready to go outside when Child Care Staff Member 1 took half of the children outside, including Child A. Child Care Staff Member I said that within 15 minutes she lined up the children to go back inside because they were cold. She believes this was between 3:40-3:45 p.m. Child Care Staff Member 1 said the class had 13 children when one group went outside, but within the first 5 minutes of being outside, two of the children were picked up. Child Care Staff Member 1 returned to the classroom and counted 11 children total. She said she remembers touching Child A's head when she was counting the children. Child Care Staff Member 1 reported, 'It was a short while later that the police arrived and asked if we were missing a child.." Child Care Staff Member 1 said that she told him "No" because she was not aware any of the children were missing. A Trooper then showed her a photo of Child A and said she was in the 0atro l car. Child Care Staff Member I telephoned Ms. Hayes at 4:03 p.m. Child Care Staff Member 2 was substituting in the toddler room on March 25, 2022. Child Care Staff Member 2 reported that the children were up from nap by 2:00 p.m. The children's diapers were changed and then they had snack. After snack they started to get the children ready to go outside. Child Care Staff Member 2 estimated this was about 2:152:30 p.m. Child Care Staff Member 2 stated she and Child Care Staff Member 1 both assisted the children in getting ready to go outside. Child Care

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8125 · R 400.8125 Staff; volunteer; requirements. (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children.

Child Care Staff Member 1 did not act in a manner that is conducive to the welfare of children. Child A was in the care and supervision of Child Care Staff Member 1 when Child A walked away from the center. Child A walked 300 yards to a neighboring house. Law enforcement was called and returned Child A to the center. It was determined that Child A was missing from the center for at least 30 minutes, possibly longer and Child Care Staff Member 1 did not notice Child A was missing.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

722.119 Child care organization' presence of certain individuals prohibited; conditions; contact by certain individuals prohibited; conditions; documentation that individual not named in central registry; policy regarding supervision of volunteers; children's camps or campsites. (3) Except as provided in subsection (5), a licensee, adult member of the household, licensee designee, chief administrator, staff member, or unsupervised volunteer may not have contact with a child who is in the care of a child care organization, until the licensee, adult member of the care organization with documentation from the department that he or she has not been named in a central registry case as the perpetrator of child abuse or child neglect. Upon request by the department, the licensee, adult member of the household, licensee designee, chief administrator, staff member, or unsupervised volunteer shall provide the department with an updated authorization for central registry clearance. If an updated central registry clearance documents that a licensee, adult member of the household, licensee designee, chief administrator, staff member, or unsupervised volunteer is named as a perpetrator in a central registry case, he or she may not be present in the child care organization. As used in this subsection and subsection (5), "child abuse" and "child neglect" mena those terms as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622. 7 .................................................... . ........... ................

Child Care Staff Member 1 cannot be present in the child care organization.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

Violation

CONCLUSION: f VIOLATION ESTABLISHED IV.

Open Not marked corrected in the state record

Open / not marked corrected.