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 December 1, 2022, I received a telephone call from Jessica Schwartz, Substitute Program Director, and Licensee designee. Ms. Schwartz reported that Child A (female, age 2) was left unsupervised in the restroom of the facility for approximately five minutes on December 1, 2022. Child A was being supervised by Miki Thick, child care 2 staff member and was the only child care child with Ms. Thick. Child A was not injured during the incident. On December 2, 2022, I interviewed Child A's Mother. Child A was in the restroom when a child care staff member went back to the classroom without her. Child A's Mother did not identify which child care staff member was involved in the incident. Child A was not injured and remains enrolled at the facility. Child A is independent and after using the restroom went back to the door of the classroom. Child A's Mother does not have any concerns with the supervision provided by the facility. On December 5, 2022, I completed an onsite inspection at the facility. I interviewed Ms. Schwartz. I viewed the video footage from December 1, 2022, with Ms. Schwartz. At 7:36 am Ms. Thick is viewed in the video footage outside the bathroom door. She enters the doorway of the preschool classroom next door to the bathroom at 7:37 am and approximately 30 seconds later goes across the hallway and into the toddler classroom alone. At this time school age children were transitioning into school age classrooms for the school day and were seen entering and exiting the camera view. At 7:39 am Child A is seen in the doorway of the restroom. At approximately 7:41 am, Witness 1 enters the camera view. Child A moves out of the restroom door way and stands along the wall in the hallway. At 7:42 am Child A goes toward the toddler classroom door and Witness 1 follows her. The door is opened, and Child A enters the toddler classroom. Child A was unsupervised for approximately 5 minutes. Ms. Schwartz was in the building at the time of the incident and was in the toddler classroom when Ms. Thick returned from the hallway on December 1, 2022. Ms. Schwartz had just arrived for the day and was not aware if there was anything significant going on in the building during the time of the incident. The facility had adequate staffing. Ms. Schwartz was not aware that Child A was left in the restroom by Ms. Thick. Charissa Yurkovich, child care staff member was also present in the toddler classroom. Ms. Schwartz spoke with Ms. Thick on December 1, 2022, about the incident. Child A takes a long time to use the restroom and Ms. Thick forgot Child A was using the restroom. Ms. Thick was very upset about the incident. Ms. Schwartz also spoke with Ms. Yurkovich about the incident. Ms. Yurkovich was confused about why Ms. Thick did not bring Child A back to the classroom. Ms. Yurkovich is a new child care staff member and did not ask Ms. Thick where Child A was, it was thought Child A may have been with another child care staff member. On December 5, 2022, I interviewed Ms. Yurkovich. Ms. Yurkovich was working in the toddler classroom on December 1, 2022, with Ms. Thick. Ms. Thick took Child A and another male child care child to the restroom. Ms. Thick returned with the male child care child and not Child A. Ms. Yurkovich did not ask where Child A was. A parent who Ms. Yurkovich did not identify brought Child A back to the room about five minutes later. Ms. Thick picked Child A up and hugged her and started reading books. On December 5, 2022, I interviewed Ms. Thick. Ms. Thick took Child A to the restroom on December 1, 2022, and became distracted. She denied that she had taken more than one child to the restroom. School age children were heard in the hallway and Ms. 3 Thick went into the hallway to make sure they were going to their school day classrooms. Ms. Thick went back the toddler classroom where Ms. Yurkovich was with the toddler aged children and left Child A in the restroom. The incident was an accident and was not done deliberatel

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

On October 10, 2022, I received a telephone call from Witness 1. Witness 1 has been at the child care facility for the purpose of observation of Child A (male, age 2). Child A is described by the child care center as being aggressive, which gets him sent home from the child care center, excluding him from daily learning experiences. Witness 1 has not observed Child A be aggressive during observations. Child A is larger than the other child care children and was mistaken as a preschooler for several weeks/months before he was moved to the toddler room. Child care staff are often on their cell phones during observations. 2 On October 18, 2022, I completed an unannounced onsite inspection. I interviewed Jessica Schwartz, substitute program director. Child A has been observed at the child care facility, Ms. Schwartz does not recall who came to observe Child A, no diagnosis's have been made at this time. One day Child A will be fine and the next he is throwing toys, pushing, and being aggressive. The toddler classroom has implemented a calm down space/quiet area which Child A seems to like. Child A has been sent home when his aggression requires 1-1 care that the child care center could not provide. Some days Child A does wonderful in the program, the days when the attendance in the classroom is lower and less children are present. Child A can engage successfully in activities and with his peers when the classroom numbers are lower. When the classroom is louder and more child care children are in attendance, it seems to set Child A off. I provided technical assistance to Ms. Schwartz regarding policies on sending children home from the facility due to behavior issues. The department does not have guidelines or requirements regarding a facility determining when a child cannot be cared for at the child care center due to behavior. I advised Ms. Schwartz to ensure the policy is clear to parents of enrolled child care children. On October 18, 2022, I received eight copies of facility incident reports regarding Child A causing an injury to another child. All were dated between May of 2022 and September of 2022. Ms. Schwartz has not received any parent or child care staff member complaints regarding cell phone usage. Child care staff use the Brightwheel Application for daily charting, and communication with parents. Ms. Schwartz has ordered additional new tablets for this purpose, which are not yet available. On October 18, 2022, I interviewed Micki Thick, child care staff member. Ms. Thick works in the toddler classroom with Child A. Child A has had some extreme behaviors in the toddler classroom. Child A was observed and assessed by someone during child care hours but did not have an aggressive episode during the observation. Ms. Thick does not recall who came to observe Child A. Child A hits, kicks, throws toys, spits, and has tried to choke child care staff. Child A's parents have been spoken to regarding his behaviors, sometimes they seem surprised other times they report he has behaviors at home. When Child A starts having behaviors child care staff encourage the use of the calm down corner, try changing activities or removing the toys Child A was throwing. This does not always work. Child care staff members are using cell phones in the classroom for documentation in the Brightwheel Application. Ms. Thick has not received any parent or child care staff member concerns about cell phone usage. On October 18, 2022, I interviewed Kennedy Bouck, child care staff member. Ms. Bouck works in the toddler classroom with Child A. Child A has some behavior issues in the classroom. He will get "crazy, throwing stuff, hitting and kicking." When this happens, he is directed to the calm down area and the toys he is throwing at the other children are removed from him. Child A's parents are contacted when he is having behavior issues in the classroom. During the last few months there has been some. Child A was sent home at least once when he injured

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8167 · R 400.8167 Indoor space. ................................................... ........................... ................ (3) A center shall provide a floor plan of all child use areas to the department at initial licensure and before making structural changes or adding any child use space. Only space that has received prior approval for child use by the department may be used for child care.

On October 18, 2022, I completed an unannounced onsite inspection. I interviewed Jessica Schwartz, substitute program director. Child A was in the 3-year-old preschool room during the summer for a few days. The 3-year-old room preschool is licensed for children aged 2.5 years and older. Child A did not do well in the classroom and was placed back in the toddler room. Child A was having an increase in toileting accidents and was over stimulated. On October 18, 2022, I interviewed Micki Thick, child care staff member. Child A was in the 3-year-old room during the summer for a total of seven days, 6/20/22, 6/21/22, 6/22/22, 6/24/22, 6/27/22, 6/28/22, and 6/29/22. Ms. Thick told former program director Mackenzie Roestel that Child A was not told enough to be in that 4 classroom. Child A did not turn 2.5 years of age until 7/21/22. The classroom was following a ratio of 8 children with two child care staff members during this time. On October 18, 2022, I interviewed Child A's Mother. During the summer Child A was in Preschool Prep (3-year old preschool) and did ok at the beginning. He started not doing so well in the classroom. Child A's Mother was told Child A was not old enough to be in the classroom and he was moved back to the toddler 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.

During an onsite inspection on June 9, 2022, for a modification, I was with Micki Thick, child care staff member, when Ms. Thick and I came down the hallway at approximately 10:03 am, we observed Child A standing at the end of the hallway near the double doors that lead outside to the playground. Child A was alone. I asked Ms. Thick if Child A was a child care child, and Ms. Thick indicated she is in the Preschool classroom with Loydene Gabrielson, child care staff member. Ms. Thick went to the end of the hallway and retrieved Child A. Ms. Thick looked out of the double doors and determined the Preschool classroom was not on the playground. Child A was taken to the Preschool classroom by Ms. Thick. When Ms. 2 Thick entered the classroom with Child A, Ms. Thick told Ms. Gabrielson that Child A was alone in the hallway. Ms. Gabrielson stated she told Child A to get in line when they came inside the building. I did not observe Child A to have any injuries and she was not in destress. I observed the hallway video footage with Mackenzie Roestel, program director/licensee designee. At 9:57 am, the Preschool classroom lines up to go down the hallway to their classroom. Ms. Gabrielson is present with ten preschool age children. Child A is at the end of the line. Ms. Gabrielson is facing down the hallway with her back to the child care children. Child A does not follow the remainder of her classroom down the hallway. Child A is observed walking around a black mat at the end of the hallway near the door that leads to the outside of the building. The outside of the building is not fenced and faces the parking lot and street. At 10:03 am Ms. Thick and I are observed coming down the hallway toward Child A. On June 9, 2022, I interviewed Ms. Gabrielson. Ms. Gabrielson went out outside with ten preschool age children around 9:30 am. Child A did not want to come inside and is stubborn. When Child A does not want to do something, she sometimes will not listen to directions. Ms. Gabrielson told Child A to get into the line. Ms. Gabrielson counted the children when they got into line to come down the hallway. She counted again when she got to the classroom and thought ten children were present. Ms. Gabrielson was not aware that Child A was left at the end of the hallway unsupervised. Next time Ms. Gabrielson will put Child A at the front of the line. On June 16, 2022, I attempted to interview Child A's Mother. To the date of this report the voicemail has not been returned.

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. (b) Placing any substances in a child's mouth, including but not limited to, soap, hot sauce, or vinegar. (c) Restricting a child's movement by binding or tying him or her. (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child. (e) Depriving a child of meals, snacks, rest, or necessary toilet use. (f) Excluding a child from outdoor play or other gross motor activities. (g) Excluding a child from daily learning experiences. (h) Confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure. (i) Time out must not be used for children under 3 years of age.

On February 15, 2022, I completed an unannounced onsite inspection at the facility. I interviewed Ms. Roestel. Ms. Roestel reported that Child A's Mother stated that Child A told her Loydene Gabrielson, child care staff member, spanked her during naptime. Child A was spanked because she would not sleep. Child A was spanked on her buttocks, and it hurt very badly. Child A laid on her cot for the remainder of naptime with her hands covering her eyes so Loydene Gabrielson would not see her awake. Ms. Roestel does not have a time frame that this occurred. The Preschool classroom does not currently have cameras installed. Loydene Gabrielson was alone with child care children during snow days three weeks ago. On February 15, 2022, I interviewed Hayley Nance, child care staff member. Ms. Nance reported observing Loydene Gabrielson, smack Child B's hand who would not lay down in the preschool room during naptime. Child B started to cry, and Ms. 3 Nance calmed her down. Ms. Nance did not provide a time frame that this occurred and did not report the incident. Ms. Nance is unaware of the facilities discipline policy for child care children. If Ms. Nance needs to discipline a child care child, she will take the child to the side and speak to the child about their behavior. On February 15, 2022, I interviewed Micki Thick. Ms. Thick stated Loydene Gabrielson can be short with child care children who may be difficult in terms of behavior. Loydene Gabrielson will bring children to the Wobbler classroom and tell Ms. Thick the children are being bad or difficult. Ms. Thick has never observed Loydene Gabrielson strike a child. The discipline policy is to remove children from the situation if they need to calm down. Ms. Thick has placed a toddler aged child in a crib who likes to climb while she is changing diapers to keep the child from hurting himself. I provided technical assistance to Ms. Thick regarding the usage of cribs for sleeping purposes only. I provided Ms. Thick with a list of ideas to help keep children occupied during diapering. On February 15, 2022, I interviewed Madison Renn, child care staff member. Ms. Renn has worked in the Preschool classroom with Loydene Gabrielson. Ms. Renn has never observed Loydene Gabrielson strike a child care child. If a child needs to be disciplined Ms. Renn will sit the child down and talk to them about their behaviors. Ms. Renn has never observed any child care staff member physically discipline a child care child. On February 15, 2022, I interviewed Anna Gabrielson, child care staff member. Anna Gabrielson does not have any concerns with discipline techniques at the child care facility. Anna Gabrielson has not observed any child care staff member physically discipline child care children. On February 15, 2022, I interviewed Kaitlyn Alexander, child care staff member. Ms. Alexander has observed Loydene Gabrielson not allow children who were misbehaving to partake in a birthday snack with the other child care children. The children were given an alternative snack. Ms. Alexander has not observed any child care staff member physically discipline a child care child. Ms. Alexander has observed Micki Thick place a child in a crib in the Wobbler classroom for not behaving. Ms. Alexander is not aware of the discipline policy at the facility and could use more tools and training in this area. On February 15, 2022, I interviewed Dezera Breismiester, child care staff member. Ms. Breismiester has worked with Loydene Gabrielson in several classrooms. She has never observed Loydene Gabrielson physically discipline a child care child. You cannot put your hands on a child as a form of discipline. On February 15, 2022, I interviewed Emily Rieman, child care staff member. Ms. Rieman has not observed Loydene Gabrielson physically discipline a child care child. Ms. Rieman has observed Ms. Thick place a child in a crib in the Wobbler classroom while they were crying. Ms. Thick did supply the child with toys. 4 On Febru

Open Not marked corrected in the state record

Category: nutrition. 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. (b) Placing any substances in a child's mouth, including but not limited to, soap, hot sauce, or vinegar. (c) Restricting a child's movement by binding or tying him or her. (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child. (e) Depriving a child of meals, snacks, rest, or necessary toilet use. (f) Excluding a child from outdoor play or other gross motor activities. Excluding a child from daily learning experiences. M (h) Confining a child in an enclosed area, such as a closet, locked room, box, or similar enclosure. (i) Time out must not be used for children under 3 years of age.

Micki Thick, child care staff member has been observed placing child care children in a crib for a purpose other than sleeping. Loydene Gabrielson, child care staff member, has removed a birthday snack from child care children as a form of punishment. The child care children were given an alternative snack.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8110 · R 400.8110 Applicant; licensee; licensee designee; requirements. ............................. (13) Smoking and vaping must not occur in or during both of the following: (a) In the child care center or on real property that is under the control of the center and upon which the center is located. (b) On field trips and in vehicles when children are present.

On February 10, 2022, I received a telephone call from Mackenzie Roestel, Program Director, indicating that a child care staff member had reported observing several other child care staff members vaping in the building and parking lot of the child care facility. Including allegations that vaping was occurring in the Toddler classroom office area while Ms. Roestel was out on medical leave the week of January 31, 2022. On February 15, 2022, I completed an unannounced onsite inspection at the facility. I interviewed Ms. Roestel. Ms. Roestel provided me with written questioners for all child care staff members. These questioners were written by the child care facility in relation to vaping. Child care staff members Abbigail Talaski, Emily Rieman, and Chase Howard wrote that they have vaped in the building and parking lot on the questioner. During Ms. Roestel's absence from the building, Micki Thick, child care staff member, was subbing as program director from January 31, 2022, until February 4, 2022. The facility is in the process of installing cameras, but they are not yet operational. Involved child care staff members are going to be written up and placed on a probationary period. A vaping policy is going to be created for all child care staff members to review and sign. On February 15, 2022, I interviewed Hayley Nance, child care staff member. Ms. Nance observed Abigail Talaski, Emily Rieman, and Chase Howard, child care staff members vaping in the Toddler classroom when Ms. Roestel was gone several weeks ago. Mr. Howard would go behind Ms. Roestel's desk in the Toddler classroom, act like he was dropping something, bend over and pick it up. He would then wave his hand in front of his face. Emily Rieman and Abbigail Talaski vape in the bathroom of the facility. Ms. Nance is not aware if child care children were present in the bathroom of the facility while Ms. Rieman and Ms. Talaski were vaping. On February 15, 2022, I interviewed Micki Thick. Ms. Thick has not observed anyone vaping in the building of the facility. Ms. Thick has heard that Ms. Talaski and Mr. Howard vape in the bathroom of the facility. Ms. Thick works in the Wobbler classroom which spares a space with the Toddler classroom. The space is separated into two well defined classroom spaces. Ms. Thick did not observe any staff in the Toddler classroom vaping. On February 15, 2022, I interviewed Madison Renn, child care staff member. Ms. Renn has not observed child care staff members vaping in the building. Child care staff members vape in the parking lot including Mr. Howard, and another child care 3 staff member who is no longer employed at the facility. Ms. Renn has not vaped in the building but has brought her vaping device into the building. On February 15, 2022, I interviewed Anna Gabrielson. Ms. Gabrielson works in the Toddler classroom and has not observed anyone vaping in the Toddler classroom. Ms. Gabrielson has not observed any child care staff members vaping in the parking lot or building of the facility. On February 15, 2022, I interviewed Kaitlyn Alexander, child care staff member. Ms. Alexander has not observed any child care staff member vaping in the building or in the parking lot of the facility. On February 15, 2022, I interviewed Dezera Breismiester, child care staff member. Ms. Breismiester has not observed any child care staff members vaping in the building but has observed vaping in the parking lot of the building by child care staff members. Ms. Breismiester did not identify which child care staff members were involved. On February 15, 2022, I interviewed Emily Rieman. Ms. Rieman has vaped once or twice in the bathroom of the facility and in the parking lot. Child care children were not present in the bathroom while Ms. Rieman was vaping. This occurred in the bathroom nearest the Preschool and Toddler/Wobbler classrooms. Ms. Rieman has not observed any child care staff members vaping in the Toddler classroom. On February 15, 2022, I intervie

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. 5

On November 12, 2021, Jessica Schwartz, child care staff member and substitute program director, left a voicemail that an incident had occurred at the facility. Ms. Schwartz stated she was going to call Mackenzie Roestel, substitute program director, to determine what needs to occur next. An incident report would be sent over that evening and details about what type of incident occurred were not provided in the voicemail. On November 16, 2021, I interviewed David Faupel, licensee designee. I contacted Mr. Faupel to inquire about the voicemail that was received on November 12, 2021. Mr. Faupel was unaware that an incident report was not provided to the department regarding an incident that occurred on November 11, 2021. Mr. Faupel did not observe the incident occur. Child A was coming in from outside in a stroller with Kaitlyn Lacroix and Madison Renn, child care staff members, when he began to cry, while holding his leg. Child A was checked over and was observed unable to put weight on his leg. It was assumed while walking into the building Child A stuck his foot out and it may have caught on the door frame. Child care staff members did not see this occur. Child A was taken for medical treatment and diagnosed with a sprain. I provided technical assistance to Mr. Faupel regarding the reporting requirements regarding injuries at the facility. I discussed with Mr. Faupel that leaving a voicemail without any details does not meet reporting requirements. I reviewed the requirements of receiving a written incident report within 72 hours of the verbal report. On November 17, 2021, I interviewed Mackenzie Roestel. Ms. Roestel was not present at the facility at the time of the incident and was not aware that an incident report was not provided to the department. Child A was being cared for my Ms. Lacroix and Ms. Renn when he returned to the building from a walk outside in the stroller. Child A began to cry after returning to the building and was unable to put weight on his leg. He was checked over and no visible injuries were observed. Child A's Mother was contacted and Child A was taken for medical treatment. Child A was 3 diagnosed with a sprain. The facility has now posted a sign at the doorway to the facility directing both doors to be opened before proceeding with a stroller. I provided technical assistance to Ms. Roestel regarding the reporting requirements regarding injuries at the facility. I discussed with Ms. Roestel that leaving a voicemail without any details does not meet reporting requirements. I reviewed the requirements of receiving a written incident report within 72 hours of the verbal report. On November 19, 2021, I completed an onsite inspection at the facility. I observed the notice posted on the door nearest the Toddler/Wobbler Classroom stating, "prop both doors open before proceeding with strollers." I obtained a photograph of this posting. On November 19, 2021, I interviewed Madison Renn. On November 11, 2021, Ms. Renn was outside with Ms. Lacroix and Ms. Schwartz. They had three strollers, one large stroller (Bye-Bye Buggy) and two smaller strollers. Child A was riding in the larger stroller, bottom row, left hand side of the stroller nearest to the door hinge and wall. The left door was propped open with a wooden door wedge and Ms. Lacroix pushed the stroller through the door. It was common practice that only one door was opened while pushing the strollers through the door. Child A did not cry while going through the doorway, but after, he was already inside the building. Child A stated that his knee hurt on his left leg. He was checked over and no injuries were observed; however, Child A would not stand on his leg. Ms. Renn arrived in Child A's classroom at approximately 10:45 am on November 11, 2021. Child A was using both legs normally and was not having any difficulty walking prior to going outside. Child A did not have any injuries that Ms. Renn observed prior to getting onto the stroller to go outside.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8158 · ........... .................................................................................................................................................................................................................... I R 400.8158 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.

On November 12, 2021, Ms. Schwartz left a non-detailed voicemail stating there was an incident at the facility, and she would send an incident report that evening. An incident report was not provided until November 16, 2021, after I spoke with Mr. Faupel to inquire about the incident. An incident report was not provided within 72 hours of the verbal report to the department.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.