KandyLand Kid Care

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

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R 400.8550(5) · PR19-R 400.8550(5) Electrical service. All electrical outlets in child use areas for children who are not yet school-age shall be made inaccessible to children. 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 400.8213(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 of children at all times.

There is insufficient evidence that Child A was not provided with appropriate care and supervision.

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

On August 11, 2022, a complaint was received that stated "a child was sitting in a high chair for numerous hours, my older child would come home and tell me. I've also arrived several times and found my child in a high chair." Due to the anonymous nature of the complaint, I was unable to contact the complainant for additional information. On August 12, 2022, I interviewed child care licensing consultant Catherine Edgar, the assigned licensing consultant for the center, regarding the allegations. She stated that she has never had this complaint before, and she has never observed a child left in a high chair for a long period of time. On August 16, 2022, I completed an unannounced onsite inspection. I observed the infant/toddler room and observed one child sitting in a highchair eating a snack while four other children were in the play area. The child was promptly removed once done eating. I interviewed child care staff members Traci Carter and Brianna Macsuga who were present and working in the room that day. Both staff denied that any of the infants or toddlers are confined to a high chair for long periods of time. They only use the highchairs for them to eat or for short activities, then they are moved to the play area or to rest. They had no idea who would make up such an allegation. Due to a change in policy during Covid, the parents don't even enter the infant/toddler room anymore, so that would be impossible for a parent to report. The parents come to the door and the staff bring the children out to the corridor. In addition, none of the older children come into the infant/toddler classroom. At opening and closing each day they might combine classrooms with other children when they have low numbers, but this is always in another classroom or the gymnasium, where there aren't any highchairs. No one has complained or asked about this happening. On August 16, 2022, during the onsite inspection, I interviewed child care staff members Sharon Helmbold and Robin VanAmburg, who were working in the gymnasium with the older children. Both staff denied seeing or hearing about any of the children being left in a highchair for long periods of time. Both staff work in classrooms that do not contain highchairs. They corroborated the other staff's statements about the parents not entering the classrooms and having no visual contact with the children since they bring the children out to the parents now. On August 17, 2022, I interviewed child care staff member and lead infant/toddler caregiver Vicki Blake. Ms. Blake denied that any child is left in the highchairs for long periods of time. The highchairs are only used for eating or for short activities for the toddler. They do not even use restrictive equipment like bouncers. They utilize the floor as much as they can for gross motor development and activities. Furthermore, the parents are not allowed in classrooms due to their Covid policy and attempts to limit 3 outside people in the child care areas. None of the children in the infant/toddler room have a sibling that comes into the classroom. On August 18, 2022, Child A's Mother stated that when she arrives to pick up the children she is not allowed into the classroom. She has never observed any child in a highchair for a prolonged period of time. On August 17, 2022, I interviewed program director Tammy Bentoski. She adamantly denied the allegation. She stated that Ms. Blake does a fantastic job as the lead caregiver in that room (the only room with highchairs) and all of the staff know the licensing rules. They would never use highchairs inappropriately or for restrictive use. She has never observed a child in a highchair too long or had anyone complain. In addition, the parents and older children do not go into that room due to their Covid policy. She had no idea why this complaint would be made unless someone was trying to cause trouble for the center.

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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 shall be notified when personnel observe any of the following: (b). A child experiences an accident, injury, or incident.

On August 12, 2022, the complaint stated, "I've heard from other parents that weapons were brought into the facility by children but no actions were taken to address it." On August 12, 2022, Ms. Edgar stated that she was unaware of an incident regarding a weapon in the center. She did not receive any incident reports recently. On August 16, 2022, Ms. Macsuga stated that she had heard that Child A (male, age 10) had brought a pocketknife to the center. He had received it as a gift from a family member and he was talking about it. It was addressed by Ms. Bentoski afterwards. No one ever seen the knife and he wasn't making threats or even got it out. On August 16, 2022, Ms. Helmbold stated that she was unaware of any incident with a weapon. 4 On August 16, 2022, Ms. VanAmburg stated that she had heard from Ms. Macsuga that there was an alleged incident in the latchkey room with Child A. His mother's boyfriend had given him a pocketknife and he told a friend (she did not know who) about it but the knife was never seen. Ms. Bentoski addressed it immediately and that was the end of it. On August 17, 2022, Ms. Blake stated that she was unaware of any incident with a knife. Because she works in the infant/toddler room she normally would not have this type of issue come up. On August 17, 2022, Ms. Bentoski acknowledged that a few weeks ago Child B's Mother reported to her at 9:00pm at night that Child B (male, age 10) had heard from Child A that he had a pocketknife given to him as a gift. He had allegedly brought it to the center after receiving it the day before. Child B's Mother wasn't concerned but thought that she should know. The next day she addressed this issue with Child A and asked if he had it on him and he said no. They checked him and his belongings and there was no knife. She immediately addressed it with his mother and she explained that Child A had stayed the night at a different house the night before and that is where he had gotten it from. He denied that he brought it to school and said that he only told his friend about it. To her knowledge, it was never brought out or seen by anyone, so it was unclear what he was doing with it, or if he really had it. They have a strict no weapons policy and she let Child A and his mother know this, and they were very compliant. Child A is a great kid and is not a behavioral issue. Ms. Bentoski did not feel that it met the criteria of an incident to report to licensing. Had it been a true incident that demonstrated a threat or risk to the children, then she would have followed their policy about reporting to licensing and everyone else. She didn't feel that it was serious enough to inform all the parents or even staff about it since the weapon was never seen by staff. She felt that it was more of a reminder to the family about their zero-tolerance policy on weapons and she really could not prove that the knife was even there. It was one child's word against the other. Ms. Bentoski acknowledged that she could have been more transparent with the incident to both her staff and parents, but she really didn't think that it was a reportable issue since nothing happened. The children involved were not upset and no one was harmed. On August 18, 2022, I interviewed Child A's Mother. She acknowledged that she was contacted by Ms. Bentoski about Child A bringing a pocketknife to the center. She addressed it with Child A and he denied that he showed it to anyone at the center. He had stayed the night at a different home and fell asleep in his clothes from the night before and wore them again the next day (so it was in his clothes pockets). He told a friend about receiving it from someone and that was it. He is a great kid and was excited about it, he never alleged to use it or harm anyone. The program handled it well and reminded them of their rules. The center staff always communicates well with her, and she feels it was handled appropriately. 5 On August 18, 2022, I attempted to reach Child

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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.

On August 12, 2022, a complaint was received stating "My older child said they couldn't go outside because it was too hot, but when I drove by the playground it looked abandoned and overgrown with weeds." On August 12, 2022, Ms. Edgar stated that she has observed the children using the outdoor play area during her inspection. The play area is located behind the building and has a play structure, enclosed pavement area and a large grassy field. On August 16, 2022, I arrived at 3:45pm and observed the preschool and school age children playing in the gymnasium. I observed the outside play area, which is adjacent and behind the center (which was previously a school building). There was a fenced in cement area and some weeds (very minimal) were present in the cracks. I observed picnic tables with water guns on them and other various toys. There was a picnic table filled with crafts and toys. There was trikes and numerous other play equipment, in addition to a large grassy field a large play structure in the rear. On August 16, 2022, both Ms. Helmbold and Ms. VanAmburg stated that they had the children playing inside for the time being because of the rain coming. They might go outside shortly. The weather that day was cool and cloudy with rain showers. They both stated that the children go outside everyday unless the weather is inclement. Just yesterday they had a fun day where they spent all day outside. Ms. Helmbold stated that recently they were inside for a couple days because they had the outside sprayed and their pest management policy mandated that they stay inside for safety. Otherwise, the children love going outside every day. They have a ton of equipment and large areas to run and play. They just completed a craft project outside and they were still on the picnic tables from when they completed them. A On August 16, 2022, Ms. Carter and Ms. Macsuga denied that the children do not go outside every day, when possible. They have a stroller that they use for the infants and toddlers. They try and get them outside whenever they can, even if just for a short amount of time. Ms. Blake ensures that they follow this rule and only stay inside when it is raining or extreme temperatures. Ms. Carter stated that the play area is in good shape. It did have some weeds recently, but they were sprayed and cleaned up. They are in the process of getting new ground cover out there. On August 16, 2022, during the onsite inspection Child C (male, age 7), Child D (female, age 4) and Child E (female, age 4) were all in the gymnasium playing. Ms. VanAmburg asked them to talk about what they do each day. All of the children stated that they go outside and play. Child D stated that she likes the swings and the playground the most. Sometimes they stay in the gym on rainy days. On August 17, 2022, Ms. Blake denied that the children do not go outside. They just recently purchased an umbrella for more shade. They have a stroller for the younger children and utilize that for walks around the building or parking lot. Most days they go outside unless it is inclement weather. A couple of weeks ago the pavement part of the play area was really overgrown in some spots. They sprayed for weeds and had to stay inside for a couple days for safety. The play area includes a fenced in area with pavement behind the building, that has lots of toys, trikes and equipment to play with. They also have a large grassy area and play structure that the older children use. On August 17, 2022, Ms. Bentoski stated that the kids are outside every day when the weather cooperates. She had hired someone to cut the weeds and they were a no- show a couple times, so it got a little overgrown. She has had to hire someone else since they were not reliable. She also had sprayed outside for the weeds, and they had to avoid those areas for a couple days due to their pest management policy on spraying. She is in the process of purchasing new ground cover and shade items. The little ones use

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R 400.8146 · R 400.8146 Information provided to parents. (1) A center shall provide a written information packet to each parent enrolling a child that includes at least all of the following: (a) Criteria for admission and withdrawal.

On 05/05/2022, I interviewed Child A's Mother who explained that program director/licensee designee Ms. Bentoski verbally provided her with a two-week notice on 05/02/2022, that Child A was going to be terminated from the center. Ms. Bentoski explained it was due to his behavioral issues in the classroom, such as biting other children, biting child care staff members, hitting other children, and hitting child care staff members. She feels that all toddlers do these activities and does not feel this is a reason for his withdrawal. She confirmed that she received a policy regarding the center's withdrawal policy and was unsure if it was followed. On 05/10/2022, I completed an unannounced onsite inspection at the center from 12:15 pm -1:40 pm. I interviewed Ms. Bentoski and child care staff member Vicki Blake. Ms. Bentoski explained that Child A was terminated from the center due to behavioral concerns that the center could no longer accommodate. She and Ms. Blake both addressed this behavior with Child A's Mother on various occasions. She initially provided a verbal two-week notice to Child A's Mother on 05/02/2022, that Child A was going to be terminated from the center. However, his behavior continued to escalate so she notified Child A's Mother on 05/04/2022 that he was 2 terminated immediately. She provided me with a copy of the withdrawal policy and it was followed. She admitted that she did not always follow the first episode (call made to parent, meeting if needed), second (child sent home), and third (child may be terminated) episode actions, as written in the policy, as he could have been sent home daily for his behavior. The policy also states that she has the right to terminate a child for physical and/or abusive behavior and continuous behavioral issues. She feels that she and the child care staff members followed the policy and continued to work with Child A's Mother as much as they could for him to remain in attendance at the center. She also provided me with the signature page confirming that Child A's Mother received this policy. Ms. Blake is the lead caregiver in Child A's class room. She was aware that Child A was terminated due to behavioral issues, specifically his aggression toward other children and the child care staff members. She has been hit by him on the face, resulting in a mark. She observed him exhibiting very dangerous behavior such as throwing toys at the smaller infants in the classroom, trying to run out of the classroom, and climbing on shelves in the classroom. Often, he would climb on top of the tables and jump to the floor. Other children in the room began mimicking this behavior. The child care staff members attempted redirecting and offering replacement activities, to no avail. On 05/04/2022, she observed him hit two child care staff members. She spoke with Child A's Mother various times about his behavior and also provided her with potential resources for assistance.

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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 June 29, 2021, a complaint was received regarding the facility separating a child with special needs during snacks and meals. Identifying information was not received in the compliant. On June 30, 2021, I completed an unannounced onsite inspection at the facility. I interviewed Priscilla Lake, Licensee. Ms. Lake identified that there are not currently any children enrolled at the facility with special needs. Previously there was a child enrolled that attended the facility with a special education aid. The child was included in all snacks and meals and was cared for by the special education aid. On June 30, 2021, I interviewed Child Care Staff Member 1. The facility has a child enrolled with suspected special needs. The child takes food off other children's plates and runs his hands down their face during meal times. That child sits with the entire group but has a separate seating area, for the safety of all children. On June 30, 2021, I interviewed Child Care Staff Member 2. Child Care Staff Member 2 has not observed any children with special needs singled out during meal service. On June 30, 2021, I interviewed Child Care Staff Member 3. Child Care Staff Member 3 has not observed any children with special needs singled out during meal service. 3 A child with sensitivity to sound has asked to sit away from the group due to loudness of the sound. On June 30, 2021, I interviewed Child Care Staff Member 4. Child D is separated from the group during meal times and made to eat alone. This has been observed during lunch drop off in the classroom and on more than one occasion. On June 30, 2021, I interviewed Child Care Staff Member 5. Child Care Staff Member 5 has not observed any children with special needs singled out during meal service. On July 2, 2021, I attempted to interview Child B's Mother. I was unable to leave a voicemail message. On July 2, 2021, I interviewed Child C's Mother, Child D's Mother, Child E's Mother, Child F's Mother, and Child G's Mother. No concerns were noted regarding the care and supervision provided by the child care center. On July 13, 2021, I interviewed Tammy Bentoski, Licensee/ Program Director. The facility has one child who may have special needs. This child eats at a separate space during meals and snacks because he takes food off other children's plates and puts his hands on their faces. This is done for safety.

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R 400.8137 · R 400.8137 Diapering; toileting. (6) Diapers and training pants must be checked frequently and changed when wet or soiled. 5 I

On June 29, 2021, a complaint was received regarding the facility allowing a child to sit in a soiled diaper without being changed. The child was screaming for a long time. On June 30, 2021, I completed an unannounced onsite inspection at the facility. I interviewed Priscilla Lake. Children in diapers are checked hourly and changed as 4 needed. Children who are wet or soiled are changed. Ms. Lake denied that child care children are not change frequently. On June 30, 2021, I interviewed Child Care Staff Member 1. Child Care Staff Member 1 does not have any children in her classroom who utilize diapers. On June 30, 2021, I interviewed Child Care Staff Member 2. Children who wear diapers are checked hourly and changed when wet or soiled. On June 30, 2021, I interviewed Child Care Staff Member 3. Child Care Staff Member 3 has several children who are potty training. Children are taken to the bathroom every hour and changed when wet or soiled. On June 30, 2021, I interviewed Child Care Staff Member 4. On June 24, 2021, Child A (female, age 2) was heard screaming for a long period of time. Child A was observed with fecal matter on her hand when Child Care Staff Member 4 entered the classroom. Child A was screaming for at least 10 minutes before Child Care Staff Member 4 entered the classroom. On June 30, 2021, I interviewed Child Care Staff Member 5. Children are changed when wet or soiled and checked hourly. On July 2, 2021, I attempted to interview Child B's Mother. I was unable to leave a voicemail message. On July 2, 2021, I interviewed Child C's Mother, Child D's Mother, Child E's Mother, Child F's Mother, and Child G's Mother. Child G's Mother has observed an increase in diaper rashes since enrollment at the facility but is unsure of how often diapering is completed. Child C's Mother stated the facility has utilized the incorrect diapers previously. No reaction was observed. No additional concerns regarding diapering were noted. On July 13, 2021, I interviewed Tammy Bentoski. Recently a child got into her diaper and had to be cleaned up because she had fecal matter on her hands. This child was removed from the other children so that she could be cleaned up and changed. No additional concerns regarding diapering were noted. Ms. Bentoski did not identify which child was involved and was not in the building at the time.

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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 June 29, 2021, a complaint was received regarding the facility placing children in time out for having toileting accidents. The time outs can last for up to 30 minutes because the child should know better. Children in the Baby Room are placed in time out by Child Care Staff Member 5. Children who are put in time out are told to face the wall. On June 30, 2021, I completed an unannounced onsite inspection at the facility. I interviewed Priscilla Lake. Time out is not used on children less than three years of age. Time out is no longer than a minute per the child's age and has never lasted for 30 minutes. Children who are placed in time out are sat in a chair away from the group. Children are not made to sit in the corner with their face into the wall. Childrer who have toileting accidents are not punished with time out. Ms. Lake has not received any parent or child care staff member concerns regarding the use of discipline. Ms. Lake works primarily in the classrooms with child care children and Ms. Bentoski covers the office. On June 30, 2021, I interviewed Child Care Staff Member 1. Time out goes by a child's age and is generally no more than two minutes. Children are spoken to regarding their behavior and given alternative activities if needed. Children are not made to sit in a corner for time out and are not given time out for having toileting accidents. Child Care Staff Member 1 does not care for children under 36 months of age. On June 30, 2021, I interviewed Child Care Staff Member 2. Time out is not given to children who have toileting accidents. A warning is given to children and time out is used if necessary. Child Care Staff Member 2 works in the Baby Room and has utilized time out in this classroom. All children in this classroom are under 36 months of age. Children are sat in a chair; the chair does not have a harness and the child can get up. This occurs for no more than 5 minutes and is given for things like talking back to staff, hitting, and throwing items. Child Care Staff Member 2 was not aware that time out can not be used on children under 36 months of age. Child Care Staff Member 2 has observed Child Care Staff Member 5 utilize time out in the Baby Room. On June 30, 2021, I interviewed Child Care Staff Member 3. Child Care Staff Member 3 does not utilize time out in her assigned classroom. Children are under 36 months of age in the classroom. Redirection is utilized and an alternative activity is provided if needed. Child Care Staff Member 3 has not observed child care staff place children in time out who are under three years of age. Child Care Staff Member 3 has not observed children placed in time out for long periods of time and time out is not used for toileting accidents. On June 30, 2021, I interviewed Child Care Staff Member 4. Child Care Staff Member 4 will sit down children who are having behavior difficulties and speak to them. Time out is approximately 1 minute per the child's age. Child Care Staff Member 4 has not placed children under 36 months of age in time out. On June 29, 2021, Child Care Staff Member 4 observed Child A being placed in time out in the Baby Room. Child Care Staff Member 4 was taking lunch to the room when she observed Child A crying and sitting in a chair in the corner. Child Care Staff Member 4 does not know what occurred, but Child A was crying for at least 10 minutes. Child Care Staff Member 5 was providing child care for Child A. Child Care Staff Member 4 has observed children placed in time out for having toileting accidents. Child Care Staff Member 4 did not provide specific information on which child care children or child care staff where involved. On June 30, 2021, I interviewed Child Care Staff Member 5. Children are sat down and spoken to regarding their behavior. Redirection is provided and children are given an opportunity to calm down. Child Care Staff Member 5 denied that she has placed children under 36 months of age in time out. Child Care Staff Member 5

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

Child Care Staff Member 2 stated she has utilized time out in the Baby Room for children under 36 months of age. Child Care Staff Member 2 was not aware that time out was not allowed for children under 36 months of aae.

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