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: .............................. ............................................................................................................................................................................ TABLE 4 . .... Child Care Staff Mem....b...e...r... .t..o.... ..C....h...i..l..d... ..R.....a...t..i..o....s.. .......................................................... ~ Ac e Child Care Staff Maximum Group Member to Child Ratio Size a} Infants and toddlers, birth until 30 1 to 4 12 months of aye

On 05/10/2023, I conducted on onsite inspection at the center and reviewed the allegation with school administrator, licensee designee, and child care staff member Ms. Sarah Agurcia. Ms. Agurcia stated that she could not recall a time when the Nido and IC classrooms did not follow the ratio of 1 child care staff member (CCSM) to 4 children. They recently started using the Brightwheel app to track child and staff attendance in the classrooms. Ms. Agurcia moves staff and children around between rooms to maintain ratio when needed. Sometimes Brightwheel records will show the Nido and IC rooms are out of ratio when that is not really the case because children or staff have shifted rooms without it being logged in the Brightwheel app. Some of the Primary classroom staff members have subbed in the Nido and IC classrooms, as has Ms. Agurcia. When Ms. Agurcia subs in the classrooms, there is no record of it in Brightwheel, or anywhere else because she does not sign in and out like a regular staff member. She did not know the exact dates when she would have stepped in to the infant or toddler room to meet licensing requirements for staff member-to-child ratios. Ms. Agurcia stated that she has completed all of the paperwork, trainings, and background checks required for her to act as a child care staff member at the center. During the onsite inspection on 05/10/2023, I reviewed the allegations with licensee designee and program director Ms. Angie Moulton. She stated that she primarily works in the IC room with morning arrival times between 7:00 and 7:30AM. The Nido and IC classrooms always follow appropriate child care staff member to child ratios. In the mornings, they may move younger toddlers between the Nido and IC rooms to maintain staff member-to-child ratios. If someone calls off, they call Ms. Agurcia to help out, or pull in extra staff from the Primary classroom to sub. Last week, they had to call CCSM 1 up to sub because a staff member called off. Ms. Moulton identified CCSM 3 and CCSM 8 as other Primary classroom staff who have subbed in the Nido and IC rooms when needed. Parents do not have access to the classrooms because they drop off at the door, or during car line in the mornings. None of the children in the Nido and IC rooms have access to dangerous or hazardous items. On 05/10/2023, I conducted interviews with CCSM 3, CCSM 4, CCSM 5, CCSM 6, and CCSM 7. They all stated that the Nido and IC classrooms are always able to maintain appropriate CCSM to child ratios. All of the staff members indicated that either Ms. Agurcia, or staff from the Primary room will come in to the younger rooms to sub if someone calls off. None of the staff reported observing any dangerous or hazardous items that were accessible to children in the Nido and IC rooms. CCSM 4 stated that staff will call Ms. Agurcia up to sub if someone needs to use the 3 bathroom. If someone calls off, they will pull in CCSM 1, CCSM 3, or CCSM 8 to sub. CCSM 3 stated that she fluctuates between the younger classrooms upstairs and the Primary classroom on the lower level. On 05/10/2023, I conducted an inspection of the Nido and IC classroom spaces that included a kitchen area accessible to the toddlers. All of the kitchen drawers and drawers were properly secured with child safety locks. There was nothing dangerous or hazardous accessible to children in either the Nido or IC classrooms. On 05/10/2023, I received Brightwheel check in reports and staff timecard attendance records dated 04/04/2023 through 05/10/2023 via email from Ms. Agurcia. On 05/11/2023, I conducted a telephone interview with CCSM 8. She stated that the Nido and IC rooms would occasionally be out of ratio for a limited time if they were low on staff because people called off. There was one time about two or three weeks prior when there were five or six infants in the Nido room with one staff member for about an hour or hour-and-a-half. The IC room was three children over ratio that same day. Ms. Agu

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8380 · R 400.8380 1 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.

There is a lack of evidence to support the allegation that children in the Nido and IC classrooms have access to dangerous/hazardous items. None of the staff members reported that children had access to dangerous or hazardous items. During the onsite inspection on 05/10/2023, I did not find any dangerous or hazardous items accessible to children in the IC or Nido classrooms.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8110 · 1 R 400.8110 Applicant; licensee; licensee designee; requirements. (6) The licensee or licensee designee shall maintain accurate records detailing daily arrival and departure times for each child care staff member, child care aide, and volunteer.

Licensee designees Ms. Agurcia and Ms. Moulton did not maintain accurate records detailing daily arrival and departure times for each child care staff member. Ms. Agurcia did not document her arrival and departure times when she acted as a child care staff member in the Nido and IC classrooms. Ms. Moulton did not accurately document her arrival time on 05/05/2023. CCSM 9 did not sign in when acting as a child care staff member in the Primary classroom. CCSM 2's arrival and departure times were documented inaccurately. She never worked in the Nido classroom but was signed in to that classroom 25 times between 04/04/2023 and 05/10/2023.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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. 16

On 0112712023, the Child Care Licensing Bureau received an incident report from Petoskey Montessori. The incident involved Child A sustaining an injury to his left side caused by child care staff member CCSM 2 pulling Child A off Child B in the preschool classroom. A's injury. She also received a recording from Child A's Mother interviewing Child A about the 0112512023 incident. She sent me two pictures of Child A's injuries. On 0113112023 I conducted an unannounced onsite visit to Petoskey Montessori with We interviewed icensee designee Sarah Agurcia, CCSM I and Child A. While onsite, I obtained copies of child information cards, Child A's intermediate school district (ISD) referral, Child A's health appraisal, and I took four pictures of the preschool classroom. We first interviewed licensee designee Sarah Agurcia. Ms. Agurcia stated on 1/25/2023 Child A was running around the classroom. CCSM 2 kept directing Child A to stop running and go to the quiet cubby. The "quiet cubby" is an area under the built-in bookcase in the preschool classroom, and it is not supposed to be used as a disciplinary technique. Child A began play wrestling with Child B. Child B was on the ground and Child A climbed on top of him. Child A reported that he was trying to give Child B a hug. CCSM 2 grabbed Child A around his rib cage and moved Child A to the quiet cubby which resulted in Child A having a mark on his left rib cage. CCSM 2 then placed a chair in front of the cubby to prevent Child A from leaving that area. CCSM 6 was present when the incident occurred, but she did not see Child A and Child B wrestling. CCSM 6 informed her that Child A had asked CCSM 2 for an ice pack and CCSM 2 refused to give him one. CCSM 6 was unaware that Child A had an injury. Later in the day on 1/25/2023, Child A asked CCSM 6 for an ice pack but since CCSM 2 had told him no, she did not give him one. Child A later informed and showed CCSM 1 the mark on his rib cage. Child A told CCSM 1 that CCSM 2 caused the injury. CCSM 1 contacted her, and they both contacted Child A's Father. Ms. Agurcia reported that the center had no concerns with CCSM 2 prior to this incident and he had been employed at the center since October 2022. Child A has a history of behavior issues in the classroom. There are numerous incident reports in his file. I inquired whether Child A needs one on one care. Ms. Agurcia indicated that this would be a better question for their interim lead caregiver CCSM 1. Ms. Agurcia has seen improvements in the classroom with structure and routine since their former lead caregiver left the center in December 2022. CCSM 1 has been employed at the center for around a year and she works in the preschool classroom as the interim lead. She usually worked with CCSM 2 Tuesday through Fridays. She does not work during the afterschool program unless the center is short staffed. On 1/25/2023, Child A came up to her in the afternoon asking for an ice pack. He then showed her the mark on his stomach which he said was caused by CCSM 2 grabbing him when he hugged Child B. When Child A informed her of the injury, CCSM 2 interrupted and corrected Child A by saying, "no, you were wrestling. That's why I pulled you off. I did not mean to leave marks." She contacted Ms. Agurcia and they both met with CCSM 2 to inform him that he was terminated. CCSM 2 stood up and shook their hands and told them that he appreciated them, and he left the center. She filled in for CCSM 2 on this day in the afterschool program. CCSM 1 did privately ask CCSM 2 what happened prior to his termination. CCSM 2 informed her that he had to separate Child A and Child B due to them wrestling. Child care staff member CCSM 6 went onto inform her about Child A asking for an ice pack and CCSM 2 refusing to give him one. CCSM 6 also admitted to refusing to give Child A an ice pack to due to CCSM 2 refusing Child A an ice pack earlier in the day. Child A informed her that the incident occurred outside, but she b

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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 02/01/2023, and I interviewed Child A's Mother. She feels that the staff o not know how to manage Child A. She said that in July or August 2022 another staff member was fired from the center for doing something to Child A. This center staff member locked Child A in the bathroom until he would go to the bathroom even though he did not want to use the bathroom. The center reported that this was the second time an incident like this occurred at the center. She does not know the staff member's name, but she knows that it was a female staff member. On 02/072023, I made an unannounced visit to the Petoskey Montessori with to interview licensee designee Sarah Argucia, CCSM 6, and program director /licensee designee Angie Moulten. I inquired about an incident at the center that occurred last year with a staff member locking a child in the bathroom. Ms. Argucia explained that this child in question was Child A, and the staff member was CCSM 7. She stated that this incident occurred before she worked at the center. CCSM 7 was terminated either the day of the incident or the day after the incident. Since she was not present at the center or working at the center, when this incident occurred, she has limited information on the situation. I asked her whether this had been reported to the child Care Licensing Bureau (CCLB), and she did not believe that the CCLB had been informed of this incident. and I met with program director/licensee designee RgPeRouen. I inquired whether she was aware of an incident with a child being locked in the bathroom. Ms. Moulten stated that she was aware of this, and the child 19 care staff member involved in that matter was CCSM 7 She had no direct information on the incident. and I interviewed CCSM 6. Last summer, child care Rstamember CCSM 7 lockedChild A and Child E in the bathroom with the lights off after coming inside from outdoor play. CCSM 7 was fired from the center on that day or the next day. She feels that CCSM 7 should have never worked with children. CCSM 7 stated that she hated working with children and she would even say this to children at the child care. On 02/10/2023, I received an incident report from Petoskey Montessori. It was from 08/24/2022 involving child care staff member CCSM 7 standing in front of the bathroom door, blocking the exit of Child A who was inside the bathroom. Child care staff member CCSM 1 asked CCSM 7 what she was doing and asked her to move. CCSM 7 had told Child A that he could come out of the bathroom. CCSM 1 reported the incident to administration and CCSM 7's employment was immediately terminated. On 02/14/2023, and I contacted former child care staff member CCSM 7. She is no longer employed at Petoskey Montessori. She was employed there for three months over the summer. She left employment because she wanted a different career path. Working with children was not something she wanted to do, and she had no work experience with children. She admitted to putting Child A in the bathroom for timeout while she was employed there. Child A was being disruptive, so she put him over by the bathroom to take a second to calm down. She opened the bathroom door and let Child A into bathroom. Child A did not need to use the bathroom. He just needed a space to himself for a second. She put Child A into the bathroom by picking him up under the arm pits. Child A was yelling because he had been running around knocking things over in the classroom. Child A kept trying to run out of the bathroom. She had to stop him by putting her hand in front of him and then she closed the door on Child A. He was not in the bathroom with the lights off unless he turned him off. Child A stayed in the bathroom by her standing on the other side of the door. She clarified that she had her back against the door to keep him in there. Child A kicked the door a few times. Child A was not saying anything. He was just yelling. CCSM 1 was in the classroom when this happened. CCSM 1 was assisting children in

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. 17

Ms. Agurcia did not ensure that child care staff members use prohibited methods of discipline such as Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment. CCSM 2 left a mark on Child A's rib cage due to grabbing Child A by the leg and pulling Child A away from Child B.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8140 · R 400.8140 1 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.

Ms. Agurcia did not ensure that all child care staff members refrained from using prohibited punishment such as confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure. Interviews with child care staff members CCSM 1 and CCSM 6 indicated that child care staff member CCSM 2 would confine Child A in the quiet cubby by using blocking this area with a chair. CCSM 2 would also hold a child's arms across their chest while standing behind the child.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8182 · R 400.8182 1 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: (d) Preschoolers, 4 years of age until school-age 1 to 12, maximum group size: 36

Ms. Agurcia did not ensure that child care staff member to child ratios were maintained for each well-defined space. On 01/25/2023, child care staff member CCSM 6 disclosed that she was left with 13 children in the preschool classroom while CCSM 1 was in the office with Ms. Agurcia and CCSM 2 Child A was present on this day and time which would require there to be two child care staff members present in the preschool classroom.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

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. Agurcia did not ensure that all staff and volunteers provided appropriate care and supervision of children at all times. Interviews with child care staff members and parents indicate that CCSM 7 placed Child A in the bathroom on 08/24/2022 and forced Child A to remain in the bathroom while using her back to keep the bathroom door closed for an undisclosed time.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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. 21

Ms. Agurcia did not ensure that child care staff members used positive methods of discipline that encourage self-control, self- direction, self-esteem, and cooperation must be used. Interviews with child care staff members and CCSM 7 indicate that positive methods of discipline were not utilized with Child A during the 08/24/2022 incident. CCSM 6 reported CCSM 7 telling child care children that she hates working with them.

Open Not marked corrected in the state record

Category: ratio. 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.

Ms. Agurcia did not ensure that all child care staff members refrained from using prohibited punishment such as confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure. Interviews with CCSM 6, CCSM 1 and CCSM 7 and parents indicate that CCSM 7 confined Child A in the bathroom on 08/24/2022.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8158 · 1 R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee designee, or program director shall report to the child's parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following: (b) An incident involving an allegation of inappropriate contact. 22

The Child Care Licensing Bureau was never notified of the 08/24/2022 incident involving Child A's confinement in a bathroom by CCSM 7 by the licensee designee or program director.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8158 · R 400.8158 1 Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

The licensee designee and program director did not ensure to submit a written report to the department of the occurrences outlined in subrules (1), (2), (3) of this rule. The Child Care Licensing Bureau never received a written report on the 08/24/2022 incident involving Child A and CCSM 7. I

Open Not marked corrected in the state record

Category: health medication. 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.

Ms. Agurcia did not ensure that all staff and volunteers provided appropriate care and supervision of children at all times. Interviews with child care staff members and parents and observations made by several witnesses including CCLB indicate ongoing physical injuries among children, children being aggressive toward peers and staff, children throwing objects, staff's inability to redirect and control children's behavior, staff's inability to conduct a lockdown drill on 02/13/23, children being allowed to climb trees during outdoor play, and ongoing safety concerns in the preschool classroom.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

Ms. Agurcia did not ensure that all staff and volunteers provided appropriate care and supervision of children at all times. Ms. Agurcia allowed ISD staff and a private consultant to have supervised access to child care children without completing licensing supervised volunteer requirements. On 10/26/2022, Child A was placed into the care of when left in his classroom, is not an approve child care staff member, and he has not completed a comprehensive background check through the Child Care Background check (CCBC) system.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8125 · 1 R 400.8125 Staff; volunteers; requirements. (3) All supervised volunteers shall receive a public sex offender registry (PSOR) clearance before having any contact with a child in care. A copy of this clearance must be kept on file at the center. 30

Ms. Agurcia did not conduct a public sex offender registry (PSOR) on three ISD staff members prior to them having supervised contact with child care children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8125 · R 400.8125 Staff; volunteers; requirements. ........................................... ..................................................... ................. (5) A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information: (a) The individual is aware that abuse and neglect of children is against the law. (b) The individual has been informed of the center's policies on child abuse and neglect. (c) The individual knows that all staff and volunteers are required by law to immediately report suspected abuse and neglect to children's protective services.

Ms. Agurcia did not have a written abuse and neglect statement on file for three ISD staff members prior to them having supervised contact with child care children.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8122 · R 400.8122 Lead caregiver; qualifications; requirements (2) At least 1 lead caregiver shall be assigned to each group of children in a self-contained or well-defined space and shall be 31 present and providing care in the assigned group in the following manner: (b) At least 6 hours per day for programs operating 6 or more continuous hours.

Angie Moulten has been the lead caregiver for both the infant and toddler classrooms when there should be a separate lead caregiver for the infant classroom and the toddler classroom. ............................................................._ .. ................. .......................................

Open Not marked corrected in the state record

Open / not marked corrected.