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. 3

On 6/7/2023, I completed an unannounced on-site inspection at the child care center. I informed licensee Kay Marin of the allegations. Ms. Martin said she has never told Child A, or any other child, to “sit down and shut your mouth.” She has never heard either of her child care staff members (CCSMs) use these words with any children, including Child A. I interviewed Child Care Staff Member 1 (CCSM 1). CCSM 1 said she has never heard any CCSMs speak to Child A, or any other child, in this way. On 7/17/2023, I completed an unannounced on-site inspection at the child care center. informed CCSM 1 that additional concerns were brought to my attention that CCSM 1 specifically tells Child A to “sit down” and shut up.” CCSM 1 said when Child A requires redirection, she and the other CCSMs continue to use positive redirection. CCSM 1 denied she has ever told Child A to “sit down and shut up.” CCSM 1 said the school-age children often get aggravated with Child A’s “loud tantrums.” She has overheard the school-age children tell Child A to “shut up” when he is having a tantrum after not getting his own way. CCSM 1 and the other CCSMs always redirect the school-age children to speak more kind when they hear the school-age children speak harshly to Child A, or any other children. On 10/11/2023, I spoke to Child B’s Mother by telephone. Child B’s Mother said Child B “loves it” at the center. She has never had any concerns with the CCSMs’ interactions with the children. On 10/11/2023, I spoke to Child C’s Mother by telephone. Child C’s Mother said Child C “loves the people” at the center. She has never had any concerns with the CCSMs interactions with the children. On 10/31/2023, I completed an exit conference via e-mail with licensee designee Kay Martin.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (e) Depriving a child of meals, snacks, rest, or necessary toilet use.

On 6/7/2023, I completed an unannounced on-site inspection at the child care center. I informed licensee Kay Marin of the allegations. Ms. Martin said there was a time where the children received popsicles as an extra treat. The popsicles were not a part of the regular planned meal or snack. Ms. Martin said the children received the extra treat if they followed directions appropriately during a specific task. Ms. Martin said there was most likely a time Child A did not receive the extra treat due to not following directions. Ms. Martin said Child A has a history of asking to take frequent trips to use the bathroom within a short period of time. Child A is allowed to use the bathroom whenever he requests. Ms. Martin said she has noticed that Child A does not ask to use the bathroom as much when he is outside engaged in a fun activity. Child A mostly asks to use the bathroom frequently during learning activities that might not be as fun for him. On 6/7/2023, I interviewed CCSM 1. CCSM 1 said the children earn extra incentives at times if they follow directions appropriately. None of the children, including Child A, are denied the planned meals and snacks provided by the center. It is possible Child A did not earn the extra incentive offered to all the children at one time. CCSM 1 said Child A asks to use the bathroom multiple times within an hour. Child A is always allowed to go to the bathroom when he asks. CCSM 1 has brought her concern that Child A asks to use the bathroom an excessive number of times to Child A’s Mother. Child A’s Mother told CCSM 1 that she has discussed this issue with Child A’s doctor who said Child A should be allowed to use the bathroom any time he asks. CCSM 1 said she noticed Child A asks to use the bathroom less frequently when he is playing outside. The only time Child A asks to use the bathroom when he is outside is if he is asked to sit down quietly for a few minutes when he is not behaving appropriately and not responding to verbal redirection. Child A asks to use the bathroom as soon as he is asked to take a “re-set” despite going an extended period without using the bathroom prior to being asked to sit down for a few minutes. CCSM 1 said she recalls a time where Child A urinated on himself. Child A had just used the bathroom a few minutes prior when he asked to use the bathroom again. CCSM 1 did not tell Child A he could not use the bathroom; 4 she only encouraged him to finish a short task he was working on that would only take a few minutes before he went to use the bathroom again. On 7/17/2023, I informed CCSM 1 I received an additional concern that Child A was not being served meals provided by the center. CCSM 1 said that during my inspection on 6/7/2023, she forgot to inform me that although the center provides meals and snacks for the children, Child A’s Mother requested to supply all the meals and snacks for Child A from home due to Child A being such a picky eater. I viewed the statement signed by Child A’s Mother. The statement said “I, Child A’s Mother, prefer to provide my child, Child A, with his/her lunch and or snack rather than Li’l Boy Blue Learning Center. Doing so, I further understand my responsibility to provide the proper foods that meet all nutritional requirements.” Child A’s Mother signed and dated the form on 9/28/2022. CCSM 1 said Child A does not eat the meals and snacks provided by the center as his mother has requested to provide all of Child A’s meals and snacks from home. CCSM 1 does not recall any additional incidents of Child A wetting on himself since her previous interview on 6/7/2023. On 10/11/2023, I spoke to Child B’s Mother by telephone. Child B’s Mother said she has never had any concerns with Child B not being provided with meals and snacks or adequate bathroom breaks. On 10/11/2023, I spoke to Child C’s Mother by telephone. Child C’s Mother said she believes if children do not respond to verbal redirection, the CCSMs have the children sit at a table fo

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

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: (h) Parent notification plan for accidents, injuries, incidents, and illnesses.

On 6/7/2023, I completed an unannounced on-site inspection at the child care center. I informed licensee Kay Martin of the allegations. Ms. Martin said it is common for Child A to scream and cry if he does not get his way. Ms. 5 Martin said she and the other CCSMs can usually assist Child A with calming himself. There have been situations where Child A will not calm down despite repeated attempts by herself and the other CCSMs so they will call Child A’s Mother to come pick up Child A. Child A goes home due to excessive crying and screaming once every couple of weeks or so. They call Child A’s Mother only as a last resort. Child A’s Mother told Ms. Martin that Child A has been at other child care centers where the CCSMs frequently called her requesting she come pick up Child A. Child A’s Mother told Ms. Martin she prefers not to get frequent calls to come pick up Child A from the center. I interviewed CCSM 1. CCSM 1 said Child A has difficulty in expressing his wants and needs at times. Despite the CCSMs working with him on his communication skills, there are times Child A becomes agitated to the point he screams and cries out of frustration. Child A’s Mother told CCSM 1 that the previous center Child A attended called her to pick up Child A for “every little thing.” Child A’s Mother has expressed to CCSM 1 that she is grateful this center attempts to work with Child A’s behavior instead of calling her to come pick up Child A all the time. CCSM 1 said in the six months Child A has attended the center she can only recall two occasions where she called Child A’s Mother and asked her to pick him up. During those times CCSM 1 was concerned because the strategies the CCSMs used in the past to help Child A calm down were not working. Child A was so upset he was screaming to the point he was hyperventilating and appeared to have difficulty catching his breath. CCSM 1 called Child A’s Mother because she believed those two situations were extreme and she was concerned for Child A’s well-being. On the other occasions where Child A had screaming tantrums, his health and safety did not seem to be affected and he was responding to the CCSMs attempts to verbally soothe him, so she chose not to call Child A’s Mother. I reviewed the center’s notification plan. The notification plan does not list excessive crying as a reason to contact parents. Ms. Martin and CCSM 1 said there is no special plan on file for them to contact Child A’s Mother due to excessive crying. On 10/11/2023, I spoke to Child B’s Mother by telephone. Child B’s Mother said she does not believe anything has happened with Child B at the child care center that would require an incident report. She believes the CCSMs would provide her with a report if anything ever happened to Child B where a written report would be required. On 10/11/2023, I spoke to Child C’s Mother by telephone. Child C’s Mother said the CCSMs provide “wonderful” communication. The CCSMs always let her know how Child C’s day was when she picks Child C up from the center. Child C’s Mother does not believe there have been any incidents that have required a written incident report. The CCSMs just give her a general overview every day. 6

R 400.8188 · R 400.8188 Sleeping, resting, and supervision. (13) For children under school age who do not sleep at rest time, quiet activities must be provided such as reading books or putting puzzles together.

On 6/7/2023, I completed an unannounced on-site inspection at the child care center. I informed licensee Kay Martin of the allegations. Ms. Martin said Child A is very “sporadic” with his naps. Child A had difficulty napping when he first started at the center. The CCSMs encouraged Child A to calm himself and take a nap every day. But there are some days where Child will not settle down and not cause a disruption to the other children in the classroom who are trying to nap. On these days the CCSMs offer Child A quiet activities to engage in while the other children are nap. I interviewed CCSM 1. CCSM 1 said every day she encourages Child A to lay down and relax like the other children during nap time. She tells Child A he does not have to sleep, but he cannot disturb the other children who are sleeping or trying to sleep. If Child A becomes disruptive to the other children during nap time, CCSM 1 has him go to the adjoining room and sit in a bean bag chair to read a book, or she has Child A sit at a table in the adjoining room with a book or quiet activity until nap time is over. CCSM 1 said she can only recall one time where Child A continued to be disruptive to the other children while he was in the adjoining room, so she asked Child A to sit in the office located in the adjoining classroom. CCSM 1 said Child A enjoys getting attention from the other children. On the occasion where Child A continued to be disruptive in the adjoining room, CCSM 1 believed placing Child A out of sight of the other children would help him to engage in a quiet activity as opposed to seeking attention from the other children. CCSM 1 said she only has 7 Child A move to the adjoining room as a last resort on days Child A will not sleep or rest quietly in the room with the other children. On 7/17/2023, I completed an unannounced on-site inspection at the child care center. Ms. Martin said Child A is now taking naps successfully in the same room with the other children since her interview during the previous inspection on 6/7/2023. On 7/17/2023, I interviewed CCSM 1. CCSM 1 said Child A has improved in his ability to take a nap in the same room with the other children over the past month or so. Child A spends more days napping with the other children than engaging in a quiet activity by himself in another room. On 7/17/2023, I interviewed CCSM 2. CCSM 2 said when Child A first enrolled at the center, he had difficulty napping with the other children. The CCSMs encouraged Child A to relax on his cot for several minutes before offering him a quite activity at a table so he did not disrupt the other children who were napping. CCSM 2 said more recently, Child A seems to have adjusted to the routine at the center and is napping fine in the same room as the other children. On 10/11/2023, I spoke to Child B’s Mother by telephone. Child B’s Mother said Child B currently only attends the center for before and after school services, so she does not take naps at the center. On 10/11/2023 I spoke to Child C’s Mother by telephone. Child C’s Mother did not report any concerns regarding nap time.

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 10/08/2021, I conducted a phone interview with Child A's Mother. Child A's Mother stated that Child A has only attended the child care facility for five weeks. She described the program as a "baby boot camp." She detailed incidents such as child care staff member, Dannielle Linsday, and center owner and 2 program director, Kay Martin, telling her that Child A "yells" too much and is very difficult to control after only two weeks of attending the program. She further described an incident when Ms. Martin told her that Child A was not allowed to wear "hoodies" because he pulls the hood over his face. She also stated that Child A was not allowed to play on certain outdoor play structures as they were only to be used by the older children. In regard to the allegation, Child A's Mother confirmed that she observed what was alleged in the complaint. She stated that she went to pick Child A up from the child care center on 10/05/2021 at around 4:40p.m. which is earlier than normal. When she entered the child care center, she saw child care staff member, Dannielle Linsday, sitting at a table with several child care children. Child A's Mother looked around for Child A but did not see him in the room. Upon seeing Child A's Mother, Ms. Linsday stood up and opened the door to the adjacent room while telling Child A's Mother that Child A was in the other room. Child A's Mother stated that when the door was open, she saw Child A strapped in a high chair. The lights were off, and Child A's Mother did not observe anyone else in the room. Child A's Mother asked why Child A was in the dark room by himself and Ms. Lindsey responded that "he was being wild." Child A's Mother was angry and shocked by the response, so she "grabbed" Child A and left the child care center. Child A's Mother stated that when she got Child A outside, she looked at his face and saw that he had been crying as his eyes were "red" and "puffy." On the following Monday, 10/06/2021, Child A's Mother stated that she returned to the child care center and gave Ms. Martin a letter explaining her intention to disenroll Child A from the program. While at the center, Child A's Mother stated that Ms. Linsday and Ms. Martin told her that when they placed Child A in the room, they did not shut the door. They indicated that they did not know how the door became shut while Child A was in the room, but they assumed that another child must have shut it. Ms. Linsday added that she had just been in the room with Child A and briefly stepped out to attend to the other child care children before Child A's Mother arrived. Child A's Mother stated that Ms. Martin was in the office when she came into the building. Child A's Mother described the child care center as being made up of two large rooms. As you enter the center, you immediately step into a large multi-purpose room with tables. There is a bathroom, kitchenette, and office off this room. Approximately 15 feet into the center and to the left is another large play room. This is the room where Child A was found. On 10/11/2021, I conducted an onsite inspection at the child care facility. Ms. Martin and Ms. Linsday were not present at the child care center during this onsite inspection. During the onsite inspection, I spoke with child care staff member, Richard "Ricky" Hale. Mr. Hale informed me that Ms. Martin was not going to be at the child care center until later that day. He also indicated that Ms. Linsday was not at the child care center due to an illness. Mr. Hale stated that he was not present at the center when the incident occurred. He spoke to Ms. Linsday about the incident, and she told him that 3 Child A's Mother found Child A in the large play room with the door shut. Mr. Hale stated that Ms. Linsday made a comment that another child was in the room with Child A, and she believes that it was that child who shut the door and turned the light off in the room without her knowing. Mr. Hale guessed that the incident occurred close to

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

Child A was strapped into a high chair while he played with toys, he was not placed in the chair as a form as discipline.

Open Not marked corrected in the state record

Open / not marked corrected.

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.

Child A was placed in an unlocked room to allow him time to calm down, not secluded as a form of discipline. Child A was initially placed in an area where he could be observed by Ms. Linsday until the door was closed.

Open Not marked corrected in the state record

Open / not marked corrected.

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 A was given an activity to direct his attention while he was sitting in the high chair. ............................................................ .....................................................................................

Open Not marked corrected in the state record

Open / not marked corrected.

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

On February 17, 2021, I made an unannounced onsite inspection to the child care center. I interviewed Kay Martin, licensee, and Savana Bioty, staff member. I explained the allegations to Ms. Martin. She denied ever making a comment regarding a child needing to be medicated or making any 2 negative comments to the children. She has asked parents to have children ready for school when they arrive at the center. Savana Bioty, staff member, has not heard Ms. Martin make negative comments to any of the children. She has heard her ask parents to have children clean when they arrive at the child care center. Child D and E's Mother stated that Ms. Martin makes negative comments about her daughter's appearance. Child D and Child E arrive at the center early in the morning and they do not always have their hair brushed. Child F's Mother stated that her son likes Ms. Martin and he has never said anything that gives her concern. Child F's Mother did add that Ms. Martin does have a sarcastic personality, but she does not believe it negatively affects her interaction with the children. Child G, H and I's Mother said that all her children have made comments that Ms. Martin can be rude and mocks them. She did not provide me with any specific statements or situations. Child J and K's Father stated that "Ms. Kay is awesome. She can be stern, but she is very fair." During the unannounced onsite inspection, I observed story time and art. I did not observe any inappropriate behavior by Ms. Martin or Ms. Bioty.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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 September 23, 2020, I made an unannounced onsite inspection to the child care center and interviewed Ms. Martin. There were no other staff to be interviewed. I explained to Ms. Martin that an allegation was made regarding her grabbing Child A by the arm. I explained that the incident allegedly happened on September 14, 2020, while they were outside. Ms. Martin stated that she does not use physical discipline on any of the children and she has a discipline policy that forbids corporal punishment. The center uses redirection and time outs when necessary. She added, Child A is a very good 3- year old and there would have been no reason to grab him. I told Ms. Martin that Child A allegedly has a bruise on his arm. Ms. Martin showed me her hands. She 2 has severe arthritis and her fingers are now misshaped. She stated, "I could not grab a child's arm hard enough to leave a bruise." On September 24, 2020, I interviewed the Complainant. She stated that on September 14, 2020, Child B told her that Ms. Martin was mean to her. Later in the week, the complainant noticed a bruise on Child A. She asked him what happened. He said, "Grandma Kay grabbed me". Child B did not see this happen, but said Child C saw Ms. Martin grab Child A by the arm. Child B told her mother that she has not seen Ms. Martin do anything like that before. Child C's Mother reported that she was aware of the incident because Child A and B's Mother told her about it. Child C's Mother has never seen Ms. Martin be rude or aggressive to the children or to anyone else. Her daughter, Child C, has never complained of being mistreated or seeing anyone else mistreated. Child C's Mother said that Child C loves Ms. Martin and she thinks the other children also really like her. Child A and B's Mother sent me a photograph of Child A's bruise as the bruise was no longer present on the child when this complaint was received. The photograph shows a circular bruise on an upper area of an arm. Just below the bruise was also a dark area. I asked Child A and B's Mother what it was. She said it was the remnants of a temporary tattoo, not a second bruise.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.