The Learning Experience

R 400.8263(1)(b) · R 400.8263(1)(b) Child accidents and incidents; child and staff illness (1) A center shall develop and implement a written plan for how and when a parent is notified if program staff or volunteers observe any of the following: (b) A child experiences an accident, injury, or i ncident.

The LD implemented the center’s written plan for when a parent is notified of an injury when Child A receives a small scratch to his cheek. Child A’s Father was notified at the time of pick up.

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R 400.8222(4)(a) · R 400.8222(4)(a) Capacity; ratio and group size requirements (4) 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 1: (a) Infants and toddlers, birth until 30 months of age, child care staff member to child ratio of 1 to 4 , maximum group size of 12.

On 8/14/2025, child care staff member to child ratio was not maintained when Teacher 2 left the classroom and Teacher 1 was providing care for eight children.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

On 3/7/2025, Teacher 1, Teacher 2, and Teacher 3 provided appropriate care and supervision of Child A.

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R 400.8213(1)(b) · R 400.8213(1)(b) Staff; volunteer (1) All staff and volunteers present at the center shall: (b) Act in a manner that is conducive to the welfare o f children.

Teacher 1, Teacher 2, and Teacher 3 acted in a manner that was conducive to the welfare of children.

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R 400.8134(3)(b) · R 400.8134(3)(b) Hand washing. After toileting or diapering.

Child care staff in the toddler classrooms (A and B) did not ensure children washed their hands after diapering.

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R 400.8182 · 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 Group Size member to Child Ratio a)Infants and toddlers, 1 to 4 12 birth until 30 months of age b)Preschoolers, 30 months 1 to 8 16 of age until 3 years of age c)Preschoolers, 3 years of 1 to 10 Not appicable age until 4 years of age d)Preschoolers, 4 years of 1 to 12 Not applicable age until school-age A I

On 03/30/2023, I made an unannounced onsite inspection to the child care center. I discussed the allegations with licensee designee, Sandy Gani and program director, Lori Taulbee. Ms. Gani shared that it was her understanding that child care staff members had some leeway when using the bathroom. Ms. Gani went on to explain that if a staff member had to use the bathroom or step out of the classroom for any reason, they call the front desk for help first. If Ms. Gani notices that a staff member is leaving their classroom frequently, she reminds them that they have to call for help first before they step out into the hallway. Ms. Gani shared that they have more than enough staff to cover for anyone who needs to leave their classroom and does not understand where the complaint is coming from. Ms. Gani stated that there are staff who come in for breaks and to relieve staff. There are 126 children enrolled in the child care center with 34 staff members. Ms. Taulbee shared that she has been working at the child care center since last year (2022) and feels that the center makes staffing a priority. On 03/30/2023, I interviewed program director, Lori Taulbee. Ms. Taulbee shared that she has worked at other child care centers where staffing and ratio was constantly an issue. Ms. Taulbee shared that she really enjoys working at the child care center because Ms. Gani puts a lot of effort into ensuring there are enough staff to cover the classrooms. On 03/30/2023, I interviewed CCSM1. CCSM 1 stated that she has been recently hired at the child care center and she has only been there for nine days. CCSM1 is still training, so she has not been assigned to one classroom yet. CCSM1 shared she believes the child care center has enough staff. When she needs to step out of the classroom to use the restroom, she calls the front desk, and someone comes to relieve her. CCSM1 shared that she has never had to step out into the hallway to see if someone could relieve her because the front desk always answers the phone and sends someone to relieve her. CCSM1 stated that they have scheduled lunch breaks at the center, and someone comes into the classroom to relieve them for their breaks every day. CCSM1 shared that during her interview, she expressed concern for staffing and was assured that the child care center has enough staff. CCSM1 shared that she has never witnessed a classroom out of ratio. On 03/30/2023, I interviewed CCSM2. CCSM2 stated that she been working at the child care center for about 15 months and is a floater. CCSM2 shared that she provides breaks to the staff members in the classrooms. CCSM2 stated that if a staff 3 member has to leave their classroom, they usually call the front office and she or another available staff member will cover the classroom. CCSM2 shared that she does not have any concerns regarding staffing at the child care center. Because CCSM2 works from 10:00 a.m. to 4:00 p.m. she lets the front office know how many children are in the classroom before she leaves for the day. The children are either shifted to another age- appropriate classroom or another staff person comes in to take her place. On 03/30/2023, I interviewed CCSM3. CCSM3 has worked at the child care center since August of 2022 and is the lead caregiver in the Twaddler classroom. CCSM3 shared that if she has to leave her classroom to use the restroom or anything like that, she calls the front desk and asks for help. CCSM3 stated that they typically look at the schedule and will send someone to her classroom. CCSM3 shared that the center is really good about answering the phone and sending help. CCSM3 stated that she has never been out of ratio and likes working at the child care center because the staff always help each other. CCSM3 stated that she has never witnessed any of the classrooms out of ratio or staff walking out of their classrooms leaving the children unsupervised. CCSM3 also shared that she has heard positive feedback from parents. CCSM3 st

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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.

On 10/3/2022, I attempted to call the complainant. I left a message and did not receive a phone call in return. On 10/5/2022, I completed an unannounced inspection at the center. I spoke with owner, Sandy Gani, and program director, Lori Taulbee. Ms. Gani reported that Ms. Nahas has worked at the center since January 2022. Child A came to the center for care in February 2022 but was not in Ms. Nahas's room until September 2022. Ms. 2 Nahas was familiar with Child A because he was in care at the center Ms. Nahas has worked at previously. Ms. Gani stated that Child A's mother had let her know when he enrolled in Februay, that staff at his previous child care had hit him. Ms. Gani asked Ms. Nahas who denied that anyone at the previous center would ever hit Child A. Ms. Gani and Ms. Taulbee stated that Child A's mother made an appointment with them on 9/22/2022 to talk about some things Child A had told her. Child A had told her that Ms. Nahas "pops" him in the mouth and locks him in the bathroom. Child A's mother told Ms. Gani that she loved Ms. Nahas and does not believe she did this. She kept Child A in Ms. Nahas' care until 9/27/2022. Child A has not been back since. Ms. Gani and Ms. Taulbee have never received complaints against Ms. Nahas before. They described her as patient and loving. They stated that Child had the best relationship with Ms. Nahas. Ms. Nahas was very effective working with Child A. Many times, Child A needed one on one attention and Ms. Nahas was able to soothe him and encourage more positive behavior. Ms. Gani and Ms. Taulbee have never seen or heard of Ms. Nahas "popping" any children on the mouth or locking them in the bathroom. Ms. Gani explained that Child A had begged not to go to time out when the class was asked to sit at a table to eat for mealtime. The center does not use time outs and mealtime is not a punishment, so they were confused why he was saying this. There are live cameras in the office in which they can always see what is going on. There are large picture windows in each classroom so that they can monitor the rooms at all times. I observed Ms. Nahas in her room. I saw the camera in the corner of the classroom. I could see that the big picture window did not afford them any privacy. There were two individual bathrooms inside of the classroom. They each had one toilet and one sink with a door that was able to be closed, but not locked. Ms. Nahas was the only staff in in the room with nine 4-year-old children. Her interactions with the children were appropriate, and none of the children seemed scared or distressed. On 10/5/2022, I interviewed Ms. Nahas. Ms. Nahas confirmed she did know Child A from her previous place of employment but was not his staff until this past month. She stated that in the last two weeks, Child A's behavior had escalated. Ms. Nahas stated that Child A liked individual attention from her, and when she was with other children he would spit and kick and yell "Shut your mouth". Ms. Nahas stated she never used time out. She would try to redirect and bring him a toy or game that they could play with together. She denied ever "popping" a child in the mouth. She has not seen any staff member lay hands on a child. She denied ever locking a child in the bathroom. Ms. Nahas stated they are independent bathroom users in the classroom; she does not usually need to go in with them or monitor them too closely. 3 Sometimes the children shut the door while they use the bathroom and sometimes, they leave it wide open. On 10/5/2022, I interviewed staff member, Anes Hanna. Ms. Hanna confirmed that she has never seen or heard of Ms. Nahas behave any way other than sweet and kind. She has never heard of anyone at the center "popping" children or placing them in the bathroom. Ms. Hanna stated that there are no locks on the doors, so the children are allowed to come and go as they please from the bathrooms. Ms. Hanna stated the center does not use time outs. They use redirection and that

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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. rj

The child care staff members are providing appropriate care and supervision of the children.

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R 400.8182 · R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of caregivers to children, including children related to a staff member or the licensee, shall be the following: (c) For preschoolers 3 years of age, there shall be 1 caregiver for 10 children.

On July 13, 2022 and August 2, 2022, Preschool 1 was in ratio. • On July 13, 2022, I observed 2 child care staff members with 20 children. • On August 2, 2022, I observed 3 child care staff members with 14 children.

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R 400.8182 · 1 R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of caregivers to children, including children related to a staff member or the licensee, shall be the following: (d) For preschoolers 4 years of age until school-age, there shall be 1 caregiver for 12 children. 10

On July 13, 2022 and August 2, 2022, Preschool 2 and Preschool 3 were in ratio. • On July 13, 2022, I observed 2 child care staff members with 16 children in Preschool 2, and 2 child care staff members with 19 children in Preschool 3. • On August 2, 2022, I observed 2 child care staff members with 10 children in Preschool 2, and 2 child care staff members with 16 children in Preschool 3.

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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 children in Ms. Brininger's classroom did not receive appropriate care and supervision when they witnessed Ms. Brininger and Ms. Hall get into a loud, physical scuffle.

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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. 7

On 9/20/21 I received a written complaint alleging that Courtney Brininger dragged Child A (male, age across the floor by his shirt and threw him into a chair in June 2021. She reporte ly put her face close to his and oelledd, ,at him and did this because Child A was acting out. shared this in ormation wit me a er had individually interviewed the complainant, Child A's mother, and Child A on 9/20/21. The complainant did not witness any of the reported allegations contained in this report. The complainant reported hearing about the incidents from staff members employed at the center. shared information with me about the interviews she completed Winindiivviid ually, including her interview with Child A's mother. Child A's mother told her that her son has a sensory processing disorder that often causes behavioral issues. On 07/28/21, her son did not want to go to school. Upon arrival, he sat in the vestibule. Child A wanted to stay with her instead of going to class. Her son had run out of the class multiple times that morning. He told her that Ms. Courtney [Brininger] threw him to the ground. Child A later had scratches around his neck. Child A's mother indicated her son was calm on the way to school and that he was not thrashing or moving in a way that would cause injuries or marks around his neck. shared information with me about her interview with Child A on 9/20/21 using forensic protocol while visiting the child's home. She informed me that Child A had a lot of difficulty attending to her questions or explaining the details of his interactions with Ms. Brininger. Child A told that Ms. Courtney hurt him one time. Ms. Courtney was running and "sat me down and told me to sit." Child A explained that his shoulders had scratches and were bleeding. I spoke to Child A's mother on two occasions. Her account of what occurred in July was consistent with what she shared with She said she had to carry Child A to get him into the classroom. He waWyeingg and said he didn't want to go. She set him inside the room, and he sat on the floor crying and holding on to her leg. She said she had no physical struggle with Child A while she was carrying him or placing her child inside the room that would explain the marks later seen. The only hands-on contact she witnessed between her child and Ms. Brininger is when Ms. Brininger released Child A's hands from her leg so she could leave the classroom. She described the act as gentle. Child A's mother closed the door and stood outside the door out of her son's sight for a minute or two. After she left, he ran out of the room and Ms. Nelson brought him back. 3 and I jointly Interviewed program director Kirsten Price. On 7/28/21, Child ReMptrRnning out of the classroom to the front of the building. Assistant director Ms. Nelson kept taking him back to the room. Ms. Brininger was the only staff member working in Child A's classroom that day. At one point Child A told Ms. Price that Ms. Courtney [Brininger] threw him on the floor. His sweatshirt was stretched out around the collar, and he had what appeared to be rug burns around the neck area. The following day, Ms. Brininger's employment was terminated. This decision was overturned by Ms. Gani who advised Ms. Price and Ms. Nelson to provide coaching and training, which they did. It should be noted that the date of this incident was sometimes identified as 7/28/21 but the one written document signed and dated by Ms. Nelson and Ms. Brininger is dated 7/26/21. and I interviewed assistant program director Ms. Nelson. She said that when she brought Child A back to the classroom on one occasion, she saw Ms. Brininger put him in a chair. Ms. Brininger did not appear angry. Ms. Brininger stood on the side of the chair next to him and there was no touching. She denied seeing Ms. Brininger drag Child A. About 20-30 minutes later, Ms. Price and Ms. Senters were talking at the front desk. Ms. Nelson only heard portions of the conversation concerning Ms. Brininger.

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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.

Appropriate care and supervision were not consistently provided to Child B or his classmates when Child B routinely undressed himself in their presence. The behavior took place daily and staff reported no effort to prevent it or a plan to address it.

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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.

During the course of this investigation, Child B's mother said she believed she should have been receiving incident reports each time her son undressed. Per Ms. Gani, this did not take place after each incident. When asked about the policy for incident notification. Ms. Price and Ms. Gani acknowledged that they did not have a plan to address how and when parents would be notified when an incident involving their child occurs.

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R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness The center shall have a written plan for how and when a parent is notified when personnel observe any of the following: (b) A child experiences an accident, injury, or incident.

The center does not have a written plan for how and when a parent is notified when an incident occurs.

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R 400.8158 · 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. 14

There were several reports that Ms. Brininger engaged in inappropriate contact with children that were not reported to LARA.

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