Avery Elem School - Berkley Building Blocks

R 400.8280(2)(a) · R 400.8280(2)(a) Discipline (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, o r inflicting other forms of corporal punishment.

Based on review of the video footage and interviews with Program Administrator, teachers, and staff Teacher 4 used prohibited discipline with Child J.

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R 400.8340(9) · R 400.8340(9) Food services and nutrition; provided by parents (9) Beverages and food must be fed only to the child f or whom the item is labeled.

On 10/27/2025, Teacher 3 fed Child H (7 months old) another infant's bottle.

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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 07/15/2025, classroom C102 Lead Teacher and Teacher 1 did not provide appropriate care and supervision of Child G when Child G was left unsupervised in a bathroom for approximately four minutes.

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R 400.8222(4)(c) · R 400.8222(4)(c) 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: (c) Preschoolers, 3 years of age until 4 years of age, child care staff member to child ratio of 1 to 1 0, maximum group size of 30.

I reviewed C102’s children attendance record from 07/15/2025, which documents there were 13 children, ages 3 and 4 years old, present at 11:30 am.

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R 400.8525(6) · R 400.8525(6) Exits. Means of egress shall be maintained in an unobstructed, easily traveled condition at all times that the center is in operation. Means of egress shall not be exposed to inherent hazards of the building, including the heating plant, flammable storage, commercial kitchen, or other similar conditions. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

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R 400.8385 · R 400.8385 Poisonous or toxic materials. Poisonous or toxic materials. Bureau

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

On October 31, 2024, the Lead Caregiver did not provide appropriate care of Child A. The Lead Caregiver "slapped" Child A's head.

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R 400.8140(2)(d) · R 400.8140(2)(d) Discipline. Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child.

The Lead Caregiver shamed, humiliated, and threatened the children when they did not complete the activities to her standards. The Lead Caregiver called the children “horrible” 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP and “pathetic” and compared the children to her two-year old grandson.

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R 400.8140(2)(f) · R 400.8140(2)(f) Discipline. Excluding a child from outdoor play or other gross motor activities.

The Lead Caregiver threatened and excluded the children from outdoor play.

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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.

Based on interviews with staff, Child D was not provided appropriate care and supervision on 11/21/2022 when staff left Child D alone in room C109.

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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.

On 9/21/2022, I spoke with the complainant that stated they had witnessed staff member 1 get out her own sleeping bag and lie down next to the children at nap time to go to sleep. This occurred in room C109. On 9/21/2022, I spoke with program director and licensee designee, Katie Fotiu. She stated that the center recently had a meeting with all staff members to discourage them from lying down while rubbing children's backs at nap time. She reminded them to stay sitting up. I observed room C109 during nap time. There were 10 children with 5 staff members. All staff members were awake and alert. Staff member 1 had already left for the day and was not present during the inspection. On 9/21/2022, I spoke with C109 staff members. All four staff members confirmed that Staff member 1 does sleep at nap time for about 10-20 minutes. It is not a sleeping bag, but a yoga mat or pillows that she lies on next to the window. The staff members confirmed that there are extra staff in the classroom during nap time, so the classroom remains in proper staff member to child ratio despite Staff member 1 being asleep for a period. 3 On 9/26/2022, Ms. Fotui emailed with an update from the center. She had spoken with Staff member 1 who admitted to sometimes falling asleep. Ms. Fotui was meeting with Human Resources to determine next steps. Staff member 1 and I exchanged voicemail messages from 10/10/2022 — 10/14/2022 but were unable to connect.

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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.

On 9/21/2022, the complainant stated that she could hear Lizzo playing from the radio during naptime in room C109 and thought that was inappropriate. On 9/21/2022, I observed the classroom during nap time and did not hear any music playing. On 9/21/2022, I spoke with C109 staff members - Staff member 3, Staff member 4, Staff member 2, and Staff member 5. The staff members stated that they play a Top 40s radio station at nap time. It is a mixed genre station but does not have any bad words. Staff member 2 is the lead caregiver in the classroom. We discussed that using relaxing CDs or a preapproved kid friendly play list would be a better suggestion. Staff member 2 agreed to this so that there would be no question as to whether the music choice was appropriate for small children. On 9/21/2022, Ms. Fotui stated she never had any complaints about the music at nap time and could not recall walking into the room and hearing anything inappropriate. 4

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

On 9/21/2022, the complainant stated that Staff member 2 is "coarse" both verbally and physically with the children. The complainant described Staff member 2 as speaking very "short" with the children when she gives them directions. The children do not seem to notice her tone as aggressive. The complainant stated that in the beginning of June 2022, they saw Staff member 2 pick up an unknown child by the arm while they were outside. The child was not injured and did not cry. On 9/21/2022, Ms. Fotui stated that Staff member 2 is not aggressive. She does have a sharp strict tone but is in no way uncaring or unsafe. On 9/21/2022, Staff member 3 stated that Staff member 2 is great with the children, and they love her. She admitted that sometimes Staff member 2's voice sounds mean even when not intended to be mean. Staff member 2 works with Staff member 1, and Staff member 1 can sound mean and shaming at times. There can be "bad energy" in the classroom and it sets the tone for the children as they tend to pick up on it. On 9/21/2022, Staff member 4 stated that all staff are nice to the children and do not pick them up by the arm. She said Staff member 2 is not mean but does keep the children in line and on a schedule. Staff member 2 likes structure in the classroom. On 9/21/2022, Staff member 2 stated that she is strict in the fall to set the rules for the classroom and can be stern for safety reasons, but she does not use "rough language". She denied ever picking up a child by the arm. She stated that Staff member 1 does have hearing issues and tends to speak in a louder voice. I asked that as the lead caregiver, Staff member 2 continually assess the voices (tone, volume, words, intent) in the classroom to encourage a warm and friendly atmosphere. 5 On 9/21/2022, I spoke with Staff member 5. She stated that she is not present in the mornings, however, when she arrives, Staff member 2 and Staff member 1 are sometimes bickering and frustrated with each other. This has caused them to have less patience with the children and can speak in ways that are not nurturing. The afternoon tends to be peaceful after the shift change. Nobody has ever been seen being physical with children or picking them up by their arms. On 9/26/2022, Ms. Fotui emailed me and stated that she implemented training for staff to go over positive interactions with children and to discuss how to speak with young children. Additionally, she rearranged the staff in the classroom to ensure teaching teams are effective and to create a warm and welcoming classroom. On 11/2/2022, I spoke with Child A's mother. She stated that she is very pleased with the care Child A is receiving in Staff member 2's classroom. She has not had issues with any of the classes Child A has been in. Child A's mother appreciated the communication between the staff members and parents to make sure the children are hitting developmental milestones. Child A's mother is impressed with the staff members in Staff member 2s classroom because they are hands on and bond with the children. Many of the staff members know all the children's names, even if they are not in their classroom. On 11/4/2022, I spoke with Child B's mother. She is happy with the care her child is receiving. Child B's mother likes Staff member 2 and described her as "wonderful" saying she does a good job in the classroom. Child B's mother has no concerns.

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R 400.8140 · 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.

Mr. Kennedy used prohibited discipline on Child C when he pushed Child C and grabbed Child C's arm.

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

On 02/11/2022 licensee designee/program director Kathleen Fotiu submitted an incident report regarding the allegation. The incident report stated on 02/11/2022 staff Thomas Kennedy grabbed Child C and Child C was upset. Ms. Fotiu spoke with Mr. Kennedy who stated Child C kicked him in the privates, so he pushed Child C away and grabbed Child C by the arm. On 02/14/2022 I spoke with Ms. Fotiu. She stated she had contacted the Michigan Department of Health and Human Services (MDHHS) regarding the allegation. She also stated Mr. Kennedy was no longer working at the center. On 02/14/2022 I received an email from stating would not be investigating the allegation. On 02/16/2022 I completed an on-site inspection to the center. I interviewed Ms. Fotiu. Ms. Fotiu stated Mr. Kennedy had been working at the center since January 2021. Staff had previously brought to her concerns about Mr. Kennedy swearing in front of the children and she had met with him about this. Ms. Fotiu stated on 02/11/2022 there were four staff, Christina Stack, Simona Bassett, Repa Akhtar, and Thomas Kennedy working in the classroom. Ms. Stack, Ms. Bassett, and Ms. Akhtar all stated to her that they did not see the incident happen. Ms. Stack saw Child C crying and went over and asked Child C the reason he was crying. Child C told Ms. Stack that "Mr. Thomas" hurt him. Ms. Stack told her Child C's right arm was red, and she gave Child C an ice pack. Ms. Fotiu stated when she saw Child C about 40 minutes after the incident, she did not see any redness or mark on Child C's arm. Ms. Fotiu stated as soon as she was notified of the incident by Ms. Bassett, she had Mr. Kennedy come to her office and spoke with him. He stated Child C had kicked him and "it was flight or fight". Mr. Kennedy stated he pushed Child C, grabbed Child C by the arm, and told Child C to stop. Ms. Fotiu stated she immediately terminated the employment of Mr. Kennedy. I interviewed staff Christina Stack. She stated she is the lead caregiver in the room and had worked with Mr. Kennedy for almost a year. She stated prior to this incident she had some concerns about Mr. Kennedy getting frustrated easily and yelling at children and swearing around the children. She gave an example that he had said in a harsh tone to a child, "Wash your freaking hands". Ms. Stack stated she tried to coach and help Mr. Kennedy with his interactions, but it did not seem to help. She brought these concerns to Ms. Fotiu. Ms. Stack stated at the time of the incident on 02/11/2022 she left the classroom to use the restroom, and when she returned to the 3 classroom, she heard Child C crying. Child C was sitting on the floor holding his arm. Ms. Stack asked Child C, "What's wrong?" and Child C said, "Mr. Thomas hurt me". Ms. Stack looked at Child C's arm, and there was a red mark that looked like a fingernail mark. Ms. Stack stated she got ice for Child C and then spoke with Mr. Kennedy and asked him what had happened. Mr. Kennedy stated, "He (Child C) hit me in the privates, I'm sorry but I'm going to protect myself'. Ms. Stack stated she had to leave the building for her break right away, so she asked Ms. Bassett to tell Ms. Fotiu about the incident, and when she returned an hour later Mr. Kennedy was gone. I interviewed staff Simona Bassett. She stated she had worked with Mr. Kennedy the past year and tried to help him with his interactions with the children such as using redirection and his word choices. Ms. Bassett stated Mr. Kennedy would get frustrated if the children did not listen to him; he would raise his voice and get overwhelmed. Ms. Bassett stated she was not aware of Mr. Kennedy ever using physical punishment prior to this incident. At the time of the incident, it was clean up time and she was getting cots out in preparation for nap time. She did not see the incident happen, but she heard someone crying, and Ms. Stack came back in the classroom and went over to Child C. Ms. Stack asked her to fill out an incident

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R 400.8137 · R 400.8137 Diapering; toileting. (10) Toilet learning or training must be planned cooperatively between the child's regular caregivers and the child's parent so the toilet routine established is consistent between the center and the child's home.

On 2/4/2022, allegations were received that despite Child A's mother's requesting that the facility cooperate with toilet training Child A, they would not. Child A's mother asked in December 2021 and again in January 2022 but was told that they would not toilet train Child A as they do not have enough staff or the facilities to do so. On 1/19/2022, Child A's mother called licensing consultant, Cheryl Amare, and was told the facility could not refuse to allow Child A to toilet train if she was ready and to speak with the program director to try to come up with a solution. Emails between Child A's mother and program director/licensee designee Kathleen Fotiu on 1/20/2022 and 1/21/2022 show Child A's mother asking for help facilitating the toilet training of Child A as soon as possible, because she was ready. Ms. Fotiu's reply 2 indicated that they did not think Child A was ready to start toilet training and that she would be moved into the older toddler room that focuses on toilet training in June. Ms. Fotiu did offer to move Child A into the older toddler classroom earlier if a spot became available before then. On 2/7/2022, I completed an unannounced inspection at the facility. I spoke with Ms. Fotiu. She stated that Child A was showing no signs of being ready for toilet training. Child A is enrolled in a toddler classroom that does not toilet train. The restrooms are not near the toddler room and there is a concern over staff to child ratio in the classroom if a staff member leaves to take Child A to the restroom throughout the day. Ms. Fotiu stated that she too had spoken with Ms. Amare and was told to ask Child A if she needed to use the rest room and to allow her to try during transition times. Ms. Fotiu stated that she has not heard anything from Child A's mother since the emails and that Child A was out of school for a while due to quarantining. Ms. Fotiu admitted to not implementing a plan of action with Child A's mother as to what they could do to accommodate Child A's toilet training. I viewed the Toddler room and observed Child A. There are no children's restrooms in the Toddler room hallway. The closest set of restrooms is down the hall and around the corner. I asked Ms. Fotiu to come up with a plan as to when someone could assist in taking Child A to attempt to use the restroom several times throughout the day. I instructed her to call Child A's mother and implement the plan starting that day. Ms. Fotiu agreed. On 2/10/2022, I spoke with Child A's mother. She stated that she did get a call from a staff at the facility on 2/7/2022 and they asked if they could take Child A four times a day to try to use the toilet and Child A's mother agreed to start with that. She stated that she was happy now that the facility was taking measures to accommodate her child now.

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