• Violation

  R 400.8170 · R 400.8170 Outdoor play area, (3) A center operating with children in attendance for 3 or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled. ..................... ...............................................................................................................................

  The infants in the Infant 1 classroom have not been outside in a year. The Infant 2, Toddler 1, and Toddler 2 classrooms have not been taking infants/toddlers outside consistently or for long periods of time. The center does not currently have an outdoor play are for infants and toddlers.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  R 400.8380 · R 400.8380 Maintenance of premises. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health or safety.

  The deck surrounding the building has slats that are loose and have a hazard of coming up. This concern has been known since December 13, 2021, special investigation in which it was a violation. The pavers on the exits from the classroom doors to the outdoor play area on the lower level have pavers that are not level and a strip that is not filled in with dirt. This poses a safety hazard for trips/falls. There was a role of winter fencing and metal stakes on the outdoor play area accessible to children in care. ... .........

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  R 400.8380 · 1 R 400.8380 Maintenance of premises. (4) Floors, interior walls, and ceilings must be kept in sound condition, good repair, and maintained in a clean condition. 7

  There are exposed seams in the carpet in the common area of the center. The environmental health inspection report dated 02/07/2020 and 07/14/2020 states there are exposed seams in the carpet in the common area and this should be properly repaired or replaced.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  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.

  On March 28, 2023, I received an incident report from an incident that occurred on March 27, 2023. I reviewed the report and it stated that Child Care Staff Member 2 observed Child Care Staff Member 1 tapping Child A's bottom with her open hand. Child A did not cry and no red marks were visible. On March 31, 2023, I spoke with program director and licensee designee Jessica Wills regarding the incident. She stated Child Care Staff Member 1 observed Child Care Staff Member 2 tap Child A on the bottom with her open hand. Child Care Staff Member 1 was on one side of the classroom and Child Care Staff Member 2 was on the other side of the classroom. Child Care Staff Member 1 heard Child A crying and looked up to see Child Care Staff Member 2 taking Child A down from standing on the little couch and then tapped her on the bottom with an open hand. Child Care Staff Member 2 and Child A were in the dramatic play area. Ms. Wills stated Child A did not cry when she was tapped on the bottom with an open hand (however Child Care Staff Member 1 reported she looked up because Child A was crying). Child Care Staff Member 1 did not address this behavior with Child Care Staff Member 2 and reported it to program director and licensee designee the next day. Ms. Wills stated Child Care Staff Member 1 told her these things and told her she did not check Child A for marks or bruises. But later that day she changed Child A's diaper and did not notice and red marks or bruising. On April 4, 2023, I completed an on-site inspection. I spoke with Child Care Staff Member 1. Child Care Staff Member 1 stated Child Care Staff Member 2 was over by the dramatic play area. She heard a child but she does not know which child cry, was crying; she looked over and Child Care Staff Member 2 spanked Child A. When she looked over, Child A was sitting on the couch, Child Care Staff Member 2 helped Child A get off the couch and Child Care Staff Member 2 spanked Child A when she was standing on the ground. Child Care Staff Member 2 was holding Child A with one hand and spanked her with her other hand. Child Care Staff Member 2's hand was back a bit, but not swung back. Child Care Staff Member 1 again stated Child A did not When she saw Child Care Staff Member 2 spank Child A, she was in cry. shock, she has worked in child care since 2018 and has never been in that situation and she did not know how to handle it. Child Care Staff Member 1 stated she went home, discussed the issue with a trusted family member, and decided she needed to tell management. The next day she told program director Jessica Wills. Ms. Wills explained to her she is a mandated reporter and if she sees something she needs to say something. She stated Child 3 Care Staff Member 2 did spank Child A with an open hand and when Child Care Staff Member 2 spanked Child A, she heard the noise it made when her hand made contact with Child A's buttock. It was the sound like the sound you hear if someone claps their hands together. Child A wears a diaper and she does not know what area Child Care Staff Member 2 made contact with on Child A's bottom. She stated she has never seen Child Care Staff Member 2 do anything like this before. The worst thing she has seen Child Care Staff Member 2 do prior to this incident was raise her voice at a child. Child Care Staff Member 1 stated after Child Care Staff Member 2 spanked Child A, she went on about her day like nothing happened. Child Care Staff Member 2 did not notice that Child Care Staff Member 1 saw her spank Child A. She stated that this occurred in the morning and approximately an hour later she changed Child A and did not notice any marks or bruises. On April 4, 2023, I spoke with Child Care Staff Member 3. Child Care Staff Member 3 stated she has worked in the toddler classroom where Child Care Staff Member 1 and Child Care Staff Member 2 work and has observed them both. She has observed Child Care Staff Member 1 to have good interactions with the children, she

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. (1)A center shall have a written plan for how and when a parent is notified when personnel observe any of the foilo wina: 7 .................................................................... .... ................ ........ (b) A child experiences an accident, injury, or incident. ................ ....

  Jessica Wills did not follow the policy that is in place by not providing Child A's Mother with a written report at pick-up. Further, Rainbow Child Development Center — Okemos does not have a policy that includes all the required elements of this rule. The policy does not state how and when parents will be notified when their child experiences an incident and incidents are not defined. The policy does not state when and how parents will be notified when their child has an accident that does not result in an injury or requires medical attention.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  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 center did not properly train child care staff members on the proper way to use the Appropriate care and supervision was no provided when One child was taken to the emergency room

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8325 · R 400.8325 Sanitization. (1) All tableware, utensils, food contact surfaces, and food service equipment must be thoroughly washed, rinsed, and sanitized after each use. Multi-purpose tables must be thoroughly washed, rinsed, and sanitized before and after they are used for meals or snacks. _ ..........................................................................................................................................................................

  was not properly trained on how to dilute the McheeRmniiccaa ls used by the center

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  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.

  There is insufficient evidence to support provided inappropriate care and supervision to Chi • B.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

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

  There is insufficient evidence to support that did not use positive methods of discipline.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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.

  There is insufficient evidence to support that used corporal punishment.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  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 member to Child Ratio; Maximum Group Size. a)lnfants and toddlers, birth until 30 months of age: Ito 4 Ratio; 12 Group Size. b)Preschoolers, 30 months of age until 3 years of age: 1 to 8 Ratio, 16 Group Size. c)Preschoolers, 3 years of age until 4 years of age: I to 10 Ratio, 30 Group Size. d)Preschoolers, 4 years of age until school-age: 1 to 12 Ratio, 36 Group Size. e)School-agers: I to 18 Ratio, 36 Group Size.

  Bethanne Bailey and all reported concerns with classrooms operating out of ratio. Records received show that the Infant Two classroom was out of ratio on 07/14/2022, 08/25/2022, 10/11/2022 and 10/12/2022. The Toddler Two classroom was out of ratio on 08/22/2022.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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.

  There were multiple reports of concern regarding providing inappropriate care and su ervision to child care children from Ms. DeForest,

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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.

  Chaesa Moffatt did not use positive methods of discipline that encouraged self-control, self-direction, self-esteem, and cooperation when she restrained Child A and Child B by the fist/wrist to facilitate an apology.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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.

  Chaesa Moffatt did not supervise Child A and Child B appropriately when they were able to have two physical altercations. Ms. Moffatt did not supervise Child A and Child B appropriately when she restrained them, pulling Child A in a back-and-forth motion to keep him where she wanted him to be, and continued to hold him by the arm when he twisted away from her and threw himself. Ms. Moffatt did not maintain a global view of the classroom.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8140 · R 400.8140 Discipline. (3) Non-severe and developmentally appropriate discipline or restraint may be used when reasonably necessary, based on a child's development, to prevent a child from harming himself or herself or to prevent a child from harming other persons or property, excluding those forms of punishment prohibited by subrule (2) of this rule.

  Chaesa Moffatt used restraint that was not reasonably necessary when she held Child A and Child B by the wrist/fist, pulling Child B in a back-and-forth motion to get him to stay where she wanted him to be. .........................................................._ .................................................................................................................... ............

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  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.

  Chaesa Moffatt did not follow the discipline policy of Rainbow Child Development Center when she restrained Child A and Child B.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  R 400.8112 · R 400.8112 Comprehensive background check; fingerprinting. (1) Pursuant to section 5n of the act, MCL 722.115n, before an individual has unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following: (c) A child care staff member.

  On 07/29/2021, I conducted an onsite inspection at the child care center. During the onsite inspection, I conducted an interview with Program Director, Christina Alighire. I informed Ms. Alighire of the allegations in the complaint. Ms. Alighire confirmed that most of the allegations were true. She explained that since she began working at the facility in March 2021, she has had to deal with a lot of turn over and enrollment issues, which has made it difficult to focus on paperwork. She indicated that her priority was also addressing aggressive behaviors displayed by some of the children, to ensure safety for the children and child care staff members. Ms. Alighire indicated that when she began working at the child care center there were a lot of issues with the organization of the staff files. She reiterated that once she got the classroom behaviors under control, her plan was to work to get staff files in compliance. At the time of the inspection, Ms. Alighire was able to show me what steps she was currently taking to work on the staff files and that included getting all the staff their individual folders so they could determine what was missing. She indicated that she and Ms. Brewer were actively working together through this process. During the interview, Ms. Alighire stated that there are eight child care staff members employed at the child care facility and 30 children enrolled. Ms. Alighire stated that while the paperwork may be unorganized, the child care staff members do not work with the children unsupervised prior to being fingerprinted. She stated that the child care staff members are typically supervised or complete paperwork and training while the fingerprints are being processed. During the onsite inspection I also interviewed assistant director Stacy Brewer and child care staff members Chaesa Moffat, Sara Bunker, Bethanne Bailey, Benjamin "Petra" Mills, and Naga Jampani Ms. Brewer has worked for the child care program for approximately five weeks. She stated that when she began working at the child care center, she reviewed the staff files and learned that one of the lead caregivers did not have fingerprints. She also could not locate all the consent and disclosure forms for the child care staff members. Once Ms. Brewer learned that all the required information was missing for these child care staff members, she began working with Ms. Alighire to gather the information. During the interview with Ms. Moffatt, she stated that she did get fingerprinted. She did not recall if she completed the consent and disclosure form and was not aware of the date that she was fingerprinted. Ms. Bunker stated that she was fingerprinted before she was allowed to work with the child care children. She added that she previously worked at another child care facility. She also recalled signing a consent and disclosure form for the Rainbow program. 3 Ms. Bailey stated that she was fingerprinted before she was allowed to work with the child care children. She also worked at another child care facility before being hired at Rainbow. She also stated that she filled out a consent and disclosure form since working at the Rainbow facility. Mr. Mills stated that he was fingerprinted prior to working with the child care children. He added that before the fingerprints results were received, he did "onboarding" paper work and training. Mr. Mills also completed a consent and disclosure form for the fingerprints. Ms. Jampani confirmed that she was fingerprinted before working with the child care children. She stated that she recently signed the consent and disclosure form. During the onsite inspection I reviewed the records of 10 child care staff members, including Ms. Alighire and Ms. Brewer. During the review of the records, I observed that all 10 child care staff members were fingerprinted. Seven of these child care staff members were fingerprinted after their listed start date. However, there is no documentation as to when the child care staff

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8112 · R 400.8112 Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: 4 r;. r• • • r • •- • -r f' f' • .ifi fl. • • • ~ ' !' 1 t:•. • 1 • • •l11IiiimIir,WtrIuTTrnrI • . • •: r r- • • r _ _ f _• f • • f - - • f f _ _ r I! ~ i ~ f. • ~ ~• : f I* I• ~ f • • i =181 J! 1 ■" -• r r r

  During the interviews, Ms. Alighire and Ms. Brewer both acknowledged that the fire cribs had been moved from Infant 1 room to Infant 2 room when they combined the classroom due to low attendance numbers. They confirmed that the fire cribs were not immediately returned when Infant 1 room was re-opened. During the interview with Ms. Bunker, she stated that she typically works in the infant rooms. She also confirmed that the fire cribs were moved to Infant 2 room but had recently been returned. Ms. Bunker was caring for two infants at the time of the interview. During the onsite inspection I inspected Infant 1 room. The fire cribs were observed in Infant 1 room during this on-site inspection.

  Open Not marked corrected in the state record

  Category: background checks. Open / not marked corrected.

• Violation

  R 400.8161 · R 400.8161 Emergency procedures. (1) Written procedures for the care of children and staff for each of the following emergencies must be developed and implemented: (a) Fire.

  During my interview with Ms. Alighire, she confirmed that the center has not conducted any fire and tornado drills since she started as program director in March 2021. Ms. Brewer stated that there have not been any fire and tornado drills since she began working at the child care facility. Ms. Moffat stated that the center has not conducted fire and tornado drills, but she practices them with the preschool children as part of her programming. Ms. Bunker, Ms. Bailey, Mr. Mills, and Ms. Jampani all confirmed that no fire and tornado drills have been conducted recently. None of the child care staff members could determine when the last drills were conducted.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  R 400.8161 · R 400.8161 Emergency procedures. (5) A fire drill program, consisting of at least 1 fire drill quarterly, must be established and implemented.

  Ms. Alighire stated that she is aware of the concerns with the hills on both sides of the building as the former program director was working to address the concern. Ms. Alighire stated that a contractor was hired to come up with a plan to address the toddlers access to outside, however, she was unsure what the plan was at the time of this inspection. Ms. Alighire stated that the toddler aged children do not use the steep hill to go to the outdoor play area, and instead she currently allows the toddlers to use the staircase next to their room to go outside through the lower level of the building. She felt that they have no other option because the toddlers need time outside to work on their gross motor skills. Ms. Alighire explained that when the toddler aged children go outside, the child care staff members working in that room request assistance from her and Ms. Brewer to assist each child down the staircase. During the interview with Ms. Brewer, she stated that she was told that the child care program's corporate office is aware of the concerns with the steep hill and have contacted architects to address the concern. She confirmed that the toddlers are using stairs that are steep for them to get outside because they have also been told that the deck that the children were playing on is in poor condition from weather damage. Ms. Brewer explained that the fire marshal conducted an inspection and informed the child care center's leadership that toddlers are not supposed to use the stairs, however, they have no other option because the children need to spend time outdoors. During the interview with Ms. Bailey, she confirmed that Ms. Alighire and Ms. Brewer assist with transitioning the children to the outdoor play area. She stated that each child is walked down the stairs by a staff member and then they head directly outside through the gym. During the interview with Mr. Mills, confirmed that the staircase is used as the route to get the toddlers outside to the outdoor play area. He also explained the process of the transition is one child going down the stairs at a time with a child care staff member holding their hand. He indicated that there is a child care staff member that stays at the top of the staircase and another one at the bottom of the staircase the entire time. On 08/25/2021, I received a phone call from Architect, stated that he was hired by the KinderCare"co te office to create a plan for a functional walkway to the outdoor play area. stated that there are limited the walkway due to the distance from the building to the outdoor play areal" described that a potential ramp would be extremely expensive and have to be approximately 100 feet long to make the distance. He also stated that on snowy or rainy days, the ramp would be like a "toboggan ride" which would essentially be the same concern as the steep hill. Due to the above concerns -stated that his suggestion at this point was for the child care center to build a small play area in the front of the building at a safe distance from the street. On 08/25/2021, I reviewed special investigation report 2020DO185010 in April 2020 for the child care center. During that investigation, a child sustained an injury after a child care staff member fell on the child while walking down the hill. The child care center was cited as result of that investigation. The child care center submitted a corrective action plan which the department approved stating that the walkway would be modified for infants and toddlers to navigate by 06/01/2020. At the time of this investigation the walkway had not yet been modified.

• Violation

  R 400.8161 · R 400.8161 j Emergency procedures. (6) A tornado drill program, consisting of at least 2 tornado drills between the months of March through November, must be established and implemented.

  The child care center has until November to conduct two tornado drills.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  R 400.8375 · R 400.8375 Premises. (2) Stairs, walkways, ramps, landings, and porches must meet all of the following requirements: (a) If elevated, have barriers to prevent falls and handrails designed and constructed for use by children.

  The elevated walkway has not been modified to prevent falls when used by children and child care staff members.

  Open Not marked corrected in the state record

  Open / not marked corrected.

• Violation

  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. ........

  Ms. Bailey yelled at a child during their transition to the outdoor play area.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8380 · R 400.8380 j Maintenance of premises. (1) The premises must be maintained in a clean and safe condition and must not pose a threat to health or safety. I

  The wood panels on the deck are warped and disconnecting making is unsafe for child care use.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  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.

  Program director Christina Alighire reported to the department that Child A was unattended in a hall bathroom after he ran from his classroom and was unable to be located for approximately 2 minutes and 30 seconds. The incident occurred on June 2, 2021, and was reported timely to the department on June 2, 2021, by and incident report submitted by email. During the onsite inspection on June 14, 2021, Ms. Alighire stated that Child A is known to have outbursts of anger. Child care staff member Liberty Rocheleau reported to her that prior to running from the room there was an incident between Child A and another child in the classroom. Ms. Rocheleau was the only child care staff member in the classroom with eight children ranging in age from 3 to 5 years old. After Ms. Rocheleau helped Child A calm down, she went to the other side of the room and Child A ran out of the door. By the time that Ms. Rocheleau made it to the door she did not see Child A. Ms. Alighire stated that Ms. Rocheleau contacted her to let her know that Child A ran from the room, and she did not see where he 2 went. Ms. Alighire first began to look outside the building walking around the entire building looking for Child A. When she did not find Child A outside, she returned inside the center and began to look around in the building. Ms. Alighire stated that she knocked on the hall bathroom door located directly across from Child A's classroom which was locked and then heard Child A giggling. Ms. Alighire asked Child A to unlock the bathroom door which he did. Ms. Alighire stated that she notified Child A's Mother about the incident as soon as he was found. She stated that the entire incident from the time that Ms. Rocheleau called her lasted no more than 2 minutes. Child A remained with her until he was picked up. Ms. Alighire 1/2 stated that this is not the first time Child A has run out of the classroom, however the first time she was in the hall and followed him as he ran outside of the building. After Child A ran out of the classroom the first time, Ms. Alighire informed Child A's Mother that if he continued to run out of the classroom, he would need a support aid. After this incident Child A's Mother was informed that Child A would need a support aid if he was to return to the center. Ms. Alighire stated that she was willing to assist Child A's Mother with obtaining a support aid for Child A, however Child A's Mother was not willing to provide a support aid for Child A, so Child A will not be returning to the center. Child care staff member Liberty Rocheleau stated that on June 2, 2021, she was working alone in the classroom with eight preschool children. Child A brought a toy from home, and he became upset when another child found it. Ms. Rocheleau took Child A to an area of the room to calm down. Child A became calm and started playing. Ms. Rocheleau then returned to the other children. When she turned around to look at Child A, he was running out of the classroom door. Ms. Rocheleau stated that she is wearing a brace due to a foot injury, so she was not able to run after Child A. By the time she got to the door she didn't see Child A. Ms. Rocheleau called program director Christina Alighire on the telephone because she did not want to leave the children in the classroom unattended, to let her know Child A ran off. Ms. Rocheleau then took the children in the class to another classroom and began looking for Child A inside the center while Ms. Alighire looked for him outside. Ms. Rocheleau stated that she tried to open the hall bathroom door, but it was locked. She called out for Child A, but he did not answer so she continued looking elsewhere in the center. After Ms. Alighire finished looking outside the building she came back in and went to the bathroom door and knocked. This time Child A laughed, and Ms. Alighire asked him to unlock the door. Child A unlocked the door and came out of the bathroom and went with Ms. Alighire. Ms. Rocheleau stated that t

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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. 5

  Ms. Alighire stated that she is aware that there have been behavior issues in the combined preschool and pre-kindergarten classroom. It is mostly in the afternoon that there are issues, which is when the lead caregiver is gone for the day. She asked the lead caregiver to try to support the afternoon staff by getting activities ready for them and having a variety of activities planned out. Ms. Alighire stated that she has also requested a recruiter's assistance through the corporate office to help with hiring staff. The center has been experiencing staff shortages due to COVID-19 and she has been struggling to staff the center and find new staff members. Ms. Alighire stated that part of the reason she has struggled to hire staff is because she is working in the classrooms all day to help meet ratio because of staff being out ill or having family emergencies. She has also scheduled several trainings for the staff to help with behavior management. She has also been conducting committee meetings with parents to try to keep them informed about what is happening at the center and the steps she is trying to do to help things. Ms. Alighire stated that she has had staff members express concern to her about the behavior in the preschool/pre-kindergarten classroom. She has had to combine the preschool and pre-kindergarten classrooms due to low staffing and it is not ideal, but she is not sure how to fix the problem with a staff shortage. She has told the staff that she understands their concern and she is doing everything she can to fix the situation. She acknowledged that she can't magically fix the staffing situation and that training staff takes time. She added that staff are stressed out. They are working long hours. She herself has been working open to close every day since she started working at the center a month ago. Ms. Alighire stated that she has been informed about children throwing toys in the classroom and hitting each other and the staff. One day a child in care ran around the classroom for 45 minutes because he did not want to go outside. There are several boys who have poor behavior and they all feed off each other's energy. During the on-site inspection, I observed the classroom in question. There were approximately 15 children in attendance with 2 staff members. The classroom was very loud and chaotic. The staff members were trying to get the children to clean up for snack and the children were not listening to them. I witnessed Child A throw a block at another child multiple times. A staff member tried to redirect him, but Child A continued to throw toys. I discussed with Ms. Alighire the possibility of splitting the classroom in two in order to split the group of boys up that are having the behavior issues. Ms. Alighire stated that she was hesitant to do that because then a staff member would have to be alone in the classroom with the children all day. We discussed that being alone with 3 a better-behaved group of children may be better than two staff with a larger group that is aggressive and behaving poorly. We also discussed the center's responsibility to provide appropriate care and supervision to all of the children in care and if a child is repeatedly hurting other children, the center is not keeping all of the children safe. A center environment is not always the best environment for every child, especially when there is not enough staff to provide a more one-on-one supervision style. Child Care Staff Member 1 stated that there have been behavior issues in the classroom for about a month. There is a group of about five boys that are very hyper and act out a lot. The children act a lot better when the lead caregiver is present, but it is not a drastic improvement. The classroom is currently the preschool and pre- kindergarten rooms combined. When the younger children come into the classroom, the older children start acting out. Child Care Staff Member 1 acknowledged that the center needs more staff. There has b

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child. G

  On 04/08/2021, Ms. Christina Alighire, program director, called Ms. Monica Sturdivant, child care licensing consultant, and reported the incident. On 04/09/2021, Ms. Alighire provided Ms. Sturdivant with written documentation regarding the incident. Child A's Mother stated that on 04/07/2021 when she arrived at the center to pick up Child A, she asked Ms. Jasmine Busch, child care staff member, how Child A's day was. Ms. Busch told her Child A's day was good, but the rest of the children were not. Child A's Mother left the center with Child A. On the way home, Child A asked Child A's Mother in an angry voice, "Why didn't you tell me about kid jail?" Child A explained that Ms. Busch had told the children at the child care that day that they would be taken from their parents and sent to kid jail. They were told that they only would get three meals a day. Child A's Mother stated that what Child A was describing sounded like juvenile detention. Child A also reported that Ms. Busch told the children that if they are not nice to the teachers, the teachers will not be nice to them. Child A stated to Child A's Mother that he tries to be kind and respectful, but if Ms. Busch hurts him or she is mean to him, is that ok? Child A then told Child A's Mother that Ms. Busch had hurt one of the other children in care that day. He explained to her that Ms. Busch flicked Child B on the forehead and that made Child B cry. Child A then told Child A's Mother that he said to Ms. Busch that she shouldn't hurt a child like that and so Ms. Busch walked up to Child A and flicked him on the forehead as well. Ms. Busch asked Child A if that hurt and he replied, "no." Ms. Busch then stated that it didn't hurt Child B either and it was not a big deal. Child A's Mother stated that she reported the incident to Ms. Alighire. She added that Ms. Busch was no longer at the center. Child B's Mother stated that she received a phone call from Child A's Mother on the evening of 04/07/2021 informing her that Child A had stated earlier that day Ms. Busch had flicked Child B on the forehead. Child B's Mother spoke to Child B about the allegation. She asked him if he was hit, and he said no. She asked him if a 3 teacher hit him, and he said no. She then asked him if anyone had hit his face, and he stated that he had been pinched. Child B said he cried because his bouncy ball got taken away. Child B demonstrated to Child B's Mother that he was pinched and not flicked on the face. Child B's Mother stated that she has only had positive experiences with Ms. Busch. They have been working on some behavior issues in the classroom with Child B. She added that he does tend to get upset at naptime. Child B's Mother was also aware that the children in the preschool classroom had been more aggressive the last few weeks. Some of the children had hit and kicked the child care staff members. Ms. Alighire stated that on 04/08/2021, Child A's Mother informed her that on 04/07/2021, Child A reported that he and Child B were flicked on the forehead by Ms. Busch. Child A reported that Ms. Busch had been talking about the children's behavior when the incident occurred and that kid jail was discussed. This discussion occurred during nap time. Child A's Mother informed Ms. Alighire that she had reported the incident to Child B's Mother. Child B's Mother also spoke with Ms. Alighire. Child B's Mother informed her that she had spoken to Child B about the incident, and he reported that he was not flicked; he was pinched. Child B reported that he wasn't scared or hurt. Ms. Alighire stated that after this information was reported to her, she spoke with the staff who were present when the incident occurred. She also notified the center's risk management department and her licensing consultant. Ms. Busch was placed on leave pending the results of the investigation. The child care staff members who were present during the incident along with Ms. Busch were Mr. Roje Williams and Ms. Brandi Blair, both

  Open Not marked corrected in the state record

  Category: nutrition. Open / not marked corrected.

• Violation

  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 1/19/2021 I completed an unannounced on-site inspection at the child care center. I informed program director, Ronda Gillett, of the allegations. Ms. Gillett said she has not been made aware of any incidents where Child A was touched inappropriately by any peers. Ms. Gillett said there are no male staff members employed at the center. Ms. Gillett said Child A is known as a "fibber." When staff members redirect Child A, Child A likes to say things like "I'm going to tell my grandma you said you're going to break my arm." Ms. Gillett said Child A likes to get attention by standing on tables and lifting shirt. Ms. Gillett said she believes • if a peer touched Child A then Child A would be very verbal about the incident. Child A does not have a problem letting staff members know when has a problem with peers. Ms. Gillett said she believes Child A's Guardian would • contact Ms. Gillett if Child A mentioned a touching incident with a peer. Ms. Gillett is surprised Child A kept quiet if anything inappropriate happened do M. It would be out of character for Child A to not tell a staff member or Child A's Guardian. Ms. Gillett described Child A as being more of a "loner" when plays. Ms. Gillett said children are spaced out at least 18 inches during nap time. Child A does not like to nap so Child A is usually placed away from the rest of the classroom. Bathrooms are located inside Child A's classroom. The bathroom entrance has an open entry way and contains two stalls with doors. The staff members try to send one child at a time to the bathroom. If staff members are unable to send one at a time, a staff member will stand in the entry way to monitor the children in the bathroom. Ms. Gillett said the staff members in Child A's classroom are very "hands on" and supervise the children very well. One staff member has a degree in early childhood development and the other staff member is working towards a degree in early childhood development. Both staff members take their jobs and supervision of the children very seriously. Neither staff member would want to jeopardize their career by not properly supervising children at the child care center. Ms. Gillett said there is only one staff member who works with Child A on shift today. On 1/19/2021 I completed an unannounced on-site inspection at the child care center. I interviewed child care staff member Heather Hilla. Ms. Hilla said she was not aware of any incidents where a peer touched Child A inappropriately. Ms. Hilla described Child A as a "normal kid." Ms. Hilla said Child A does not typically like to take naps. Ms. Hilla said staff members encourage the children to lay quietly for a few minutes. Staff members usually must give Child A a quiet activity to play with so Child A does not disrupt the children who are napping. It is very uncommon for Child A to take a nap. Ms. Hilla has not noticed any of the children in Child A's classroom to have problems with touching other children inappropriately. The 3 bathroom is located inside the classroom. Although there are two stalls, staff members try to send only one child at a time to the bathroom. Ms. Hilla recalled an incident recently where Child A soiled clothes due to a bathroom accident. Child • A went into the bathroom by - to clean - up and change clothes. • Since Child A was alone in the bathroom, Ms. Hilla does not believe inappropriate touching from a peer could have happened to Child A while Child A was changing clothes. During nap time the nap mats are placed at least 18 inches apart so • children cannot touch each other. The staff members spread out in the classroom so all children can be supervised during nap time and all other activities. Ms. Hilla believes all the staff members at the center do a good job of properly supervising children who are in their care. On 1/19/2021 I spoke to the complainant by telephone. The complainant said Child A did not give her many details about what happened to Child A at the child care center.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 12/15/2020, I received a complaint stating that Child A attends the KinderKare Childcare program in Okemos, Michigan. Child A told her guardian that "Ms. Chaesa" pinched her in between her legs and "Ms. Heather" locked Child A in a closet and would not let her out. "Ms. Chaesa" and "Ms. Heather" are teachers at KinderKare. It is unknown when these things occurred. The complaint alleged that on 12/10/2020, Child A had multiple bathroom accidents at school and staff changed Child A into blue jeans. Child A had redness on the inside of her legs that looked like it could be chafing from the jeans that Child A wore. It is unknown if the redness is still present. It is reported that Child A has very sensitive skin and does not normally wear blue jeans. On 12/15/2020, I conducted an unannounced onsite inspection at the child care center. During this onsite inspection I conducted an interview with Program Director, Ronda Gillett, and observed the classrooms where Child A is enrolled. After I informed Ms. Gillett of the allegations, she stated that on 12/11/2020, Child A's Guardian told her that Child A claimed that a staff member pinched her between her legs. She also stated that another staff member locked Child A in the closet. Ms. Gillett added that the next time Child A attended the child care center, Child A's Guardian told her that Child A later admitted that these things did not happen. Ms. Gillett stated that she does not believe that the caregivers identified in the complaint would harm a child. She confirmed that on 12/10/2020 Child A had several bathroom accidents which resulted in the staff members having to change her clothes. She acknowledged that by the time Child A had her last accident, Child A had no more extra clothes so the staff member working with Child A found a pair of jeans in the office for Child A to wear. Ms. Gillett believes that the jeans irritated Child A's skin, as she is known to have sensitive skin and typically did not wear jeans. On 12/17/2020, I conducted a phone interview with Child A's Guardian. Child A's Guardian stated that Child A came to her on 12/10/2020 and told her that her legs hurt, and she noticed that Child A was wearing someone else's jeans. She added that Child A does not like jeans because they rub and chafe her skin. As Child A's Guardian was checking Child A's legs, Child A stated, "Ms. Sophie pinched me." Child A's Guardian indicated that she asked Child A if this were true and Child A replied, "I know, I know. Ms. Sophie did not pinch me." Child A's Guardian explained that Child A has in the past embellished stories or threatened to say things happened that did not. This is what caused her to ask Child A if she was being honest about the claims of being pinched. Child A's Guardian was not sure why Child A had jeans on because she had a backpack full of clothing. She added that by the time she picked Child A up Child A was walking "bowlegged" because she was in pain. When they got home, she removed Child A's jeans and she saw a small red mark. Child A's Guardian stated 3 that the small red mark later evolved into a large red area that resembled a diaper rash. Child A's Guardian stated that Child A is going through a lot of transition in her home life and this has caused her to have some behavioral issues. She added that Child A has begun to act out her feelings which includes having melt downs, making up stories, hitting, biting, and having bathroom accidents. Child A's Guardian also believes that the transition between the preschool and Pre-k classroom has also contributed to the difficult behavior that Child A has been showing. She stated that Child A is very comfortable with "Ms. Chaesa" but is not comfortable with "Ms. Sophie" and "Ms. Heather." Child A's Guardian stated that she has not had any concerns about the care that Child A receives at the child care center, but once Child A made the allegations, she felt it was important to address it with Ms. Gillett. On 12/17/20

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (h) Confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure.

  The complaint received on 12/15/2020, also alleged that "Ms. Heather" locked Child A in a closet and would not let her out. The complaint included the statement that "there are no closets in the classroom that Child A was in on 12/10/20." During the interview with Ms. Gillett, she stated that Child A is enrolled in the preschool class that is upstairs next to the office. She added that this classroom does not have a closet or any other room that could be mistaken for a closet. Ms. Gillett indicated that Child A also goes to the Pre-K classroom in the lower level of the building on days that the preschool class is full. She stated that there is a storage room and heat plant room in the Pre-K classroom. Ms. Gillett took me to observe both classrooms during the onsite inspection. The preschool room is on the main level of the building right next to the office. It is a large open space with no storage rooms or closets. The Pre-K room is located on the lower level of the building. This room is also a large open space but there are two additional rooms in this space. The first room is a mechanical room that houses heat producing equipment. This room has no lock on the door and the door always remains closed according to Ms. Gillett. The other small room located within the Pre-K room is a small storage room. This room had several toys and other equipment. Ms. Gillett stated that the children's cots are also kept in this room. The door to the storage room was open and Ms. Gillett stated that the door is kept open. The storage room door also did not have a lock. Ms. Gillett denied hearing about or seeing a child being placed in a closet, storage room, or mechanical room. Child A's Guardian stated that around the same time Child A claimed that a teacher pinched her, she also stated that "Ms. Heather" locked her in a closet. Child A's Guardian asked Child A if the door was closed and she said "no" but she added that "Ms. Heather" was sitting in front of the door. 5 Ms. Moffatt acknowledged that the Pre-K classroom also has two smaller rooms. She added that the storage room in the back of the Pre-K room is used for storing extra cots and equipment. She confirmed that the door to the storage room is always left open. Ms. Moffatt stated that the other room is a mechanical room where the furnace is. She added that children are not allowed in the mechanical room. Ms. Moffatt denied ever seeing a child placed in the storage room or mechanical room. She stated that Ms. Hilla is pregnant and has physical limitations so she does not believe that she could possibly move Child A into the closet. Ms. Moffatt also explained that Ms. Hilla works in the morning and leaves in the afternoon. She added that Child A does not come into the center until lunch so she would have limited exposure to Ms. Hilla. On 12/17/2020, I conducted a phone interview with staff member, Heather Hilla. Ms. Hilla stated that she worked with Child A occasionally when she was in the upstairs preschool classroom. She added that she works in the morning and Child A arrives in the afternoon, so she only worked with Child A a "few times." Ms. Hilla denied putting Child A in a closet. She added that the classroom that she works in has no closets. She indicated that the building has bathrooms that lock from the inside, but the child typically goes into the bathroom without assistance. Ms. Hilla also recalled a time where the staff members were doing a disaster drill which included them taking the children into a room with no windows, which could resemble a closet, but Child A was not in her room the day of the drill. Ms. Hilla denied seeing another staff member place a child in the closet, and she was unsure why Child A would make the allegation. Ms. St. Germain stated that the more time that Child A spent in her room, the more behavioral concerns she displayed. She stated that little things, like dumping the crayon boxes, turned into bigger concerns such as cursing and hitting the te

The staff files are not up to date and a handful of staff do not have background checks and consent/disclosure forms. Fire cribs have been taken out of infant 1 room while both infant rooms were combined. Since then both infant rooms are back up and running. Although two fire cribs have not been taken back to infant 1 room. No fire/tornado drills have been completed. No documentation has been kept for this. n Outside of the building (on both sides of the building) have steep hills down towards the playgrounds and are unsafe for children and staff. 7

Disposition: Substantiated

Child A (4-year-old male) ran out of the classroom and into a hall bathroom where he was unattended for approximately 2 minutes and 30 seconds while staff looked for him in and outside of the building.

Disposition: Substantiated

Children in the preschool/pre-kindergarten classroom are throwing objects and hitting other children. Some of this behavior has left bruises on the children. Ms. Christina Alighire, program director, is not doing anything to fix the issue.

Disposition: Substantiated

On 04/07/2021, Ms. Jasmine Busch flicked Child A and Child B. Ms. Busch engaged in a conversation about kid jail with the children in care after flicking Child A and Child B.

Disposition: Substantiated

There are peers at the child care center who touch Child A's - area. The inappropriate touching is occurring underneath Child A's clothing.

Disposition: Substantiated

A staff member pinched Child A between her legs. A staff member locked Child A in a closet and would not let her out.

Disposition: Substantiated