R 400.1934(7) Heating; ventilation; lighting; radon. All child-use areas must have adequate natural or artificial lighting. Bureau

R 400.1934(7) · Correction status not published

R 400.1910(1) Ratio of personnel to children. The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age:

Upon arrival, Ms. Eggenberger was alone with 12 children from 10:39 AM until 10:53 AM. CCSM (M.E.) was in the home but not in the child care area with Ms. Eggenberger and the children

R 400.1910(1) · Correction status not published

R 400.1943(5) Exit requirements for each floor level used by children. All exits must be unobstructed and accessible at all times. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP 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.

R 400.1943(5) · Correction status not published

R 400.1945(1)(e)(iv) Emergency; plan; drill. Other man- or woman-caused events. 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.

R 400.1945(1)(e)(iv) · Correction status not published

............ R 400.1910 j Ratio of personnel to children. (1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood. marriage, or adoption.

On 5/31/2023, Witness 1 stated that children in the nap room will cry and cry and not be attended to for an extended amount of time. On 6/1/2023, I left a message for CCSM1 to return my call. On 6/5/2023, Ms. Eggenberger denied that anyone lets children cry for too long. They check the nap room often and are attentive to the children's needs. Consultation was provided and I explained that what happens when Ms. Eggenberger is not in the child care is still her responsibility. MCCSM1 stated that some children whine a bit when they are laid down, but they do not cry for a long time. Someone checks on the children every 15 minutes. I did not witness any of the children in the nap room crying and not being responded to during my inspections on 4/21/2023 and 6/5/2023. 7

R 400.1910 · Correction status not published

R 400.1914 Daily activity program. ...................................... .... ............. 1) Personnel shall engage in positive interactions with children. For infants and toddlers, interactions may include, but are not limited to, all of the following: (b) Promptly responding to a child's cries and other signs of distress. ............................. ..................

The original allegations stated that children are not fed properly. On 4/21/2023, CCSM1 stated that there is not a printed menu, but she planned to make frozen pizza with a vegetable, some yogurt and milk. MCCSM1 stated that children can have seconds if they want more food. No child is hungry. On 4/28/2023, Child A and B's mother stated that Ms. Eggenberger provides breakfast, lunch, and two snacks. She said there is not a menu, and she does not know what the children eat. Child D's mother stated that food is provided, and when she asks for one, they give her a weekly schedule of meals. She stated Child D does get seconds. Child E's mother stated that the child care home provides food, and she also sends food that Child E will like. On 5/31/2023, Witness 1 stated there was a child that is no longer enrolled in the center that would sleep during lunch time and then not get fed after nap. On 6/1/2023, I tried to call CCSM1. I left a message and have not received a return phone call. On 6/5/2023, Ms. Egenberger stated that lunch is fed before nap. Everyone eats and then they lie down. When the children wake up from nap, they are fed snack. Ms. Eggenberger suspected that maybe someone saw the children hungry for snack and assumed they did not eat lunch. MCCSM1 stated the children are fed well. Snack is at 10:15 a.m. Lunch is at 11:30 a.m. — 12:00 p.m. The children nap from 1:00 p.m. — 3:00 p.m. and snack is at 3:00 p.m. when they wake up.

R 400.1915 1 Indoor space; play equipment and materials. (2) Only space that has received prior approval for child use by the department may be used for child care.

While on-site on 01/06/2022 and 01/12/2022, the children were observed in the living room, the master bedroom, and bedroom #2, which are all licensed spaces. The kitchen and breakfast nook are also licensed and used by the children. The other areas of the home are not accessible to the children since the doors leading to those areas are kept closed. This prevents the children from having access to any portion of the home that is not licensed. Ms. Eggenberger stated that the children are not allowed in the other portions of the home and indicated that the doors are kept closed during child care hours. Ms. Eggenberger stated that this helps give her family their privacy and personal space. Mr. Eggenberger denied that the children are ever allowed in the unlicensed areas of the home and stated that the doors remain closed during child care hours. 4

R 400.1915 · Correction status not published

R 400.1910 Ratio of personnel to children. (1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood. marriaae. or adoption.

Additional details could not be obtained from the complainant regarding the allegations since no contact information was provided. On 01/06/2022, I conducted an unannounced on-site inspection with Child Care Licensing Consultant Alicia Wiggins. During the inspection Ms. Eggenberger and Mr. Eggenberger were caring for nine children. Ms. Eggenberger stated that she always maintains ratio. Ms. Eggenberger said that her son, Mr. Eggenberger works with her every day and indicated that they usually have between eight and ten children in care. Ms. Eggenberger provided me with attendance records for the following dates: • 12/29/2021-2 staff members with 8 children. • 12/30/2021-2 staff members with 9 children. • 01/03/2022-2 staff members with 8 children. • 01/04/2022-2 staff members with 10 children. • 01/05/2022-2 staff members with 8 children. Mr. Eggenberger stated that he works with his mother daily. He denied that he has ever seen the child care home out of ratio. On 01/12/2022, I conducted a follow-up unannounced on-site inspection. Ms. Eggenberger and Mr. Eggenberger were caring for 10 children.

R 400.1904b Child care assistant; requirements. (2) Prior to contact with children, the individual shall be determined by the department to be eligible to serve as a child care assistant, as required by R 400.1925.

was working at the child care and had not completed a comprehensive background check.

R 400.1904b · Correction status not published

R 400.1910 Ratio of personnel to children. (1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood, marriage, or adoption.

Ratio was not maintained at 1 member of the personnel to 6 children when Donna Eggenberger had 7 children outside by herself. .................................................... ..... ......................

R 400.1910 · Correction status not published

R 400.1925 Comprehensive background check; fingerprinting. (1) Pursuant to section 5n of the act, MCL 722.115n, prior to an individual having any unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following: (d) A child care staff member.

was working unsupervised at the child care and had not completed a comprehensive background check.

R 400.1925 · Correction status not published