R 400.8182(3) · PR19-R 400.8182(3) Ratio and group size requirements. 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 o r the licensee, must be as shown in Table 4:

During the investigation, there was no evidence to support the allegation. I interviewed parents, CCSMs and the licensee. Everyone interviewed had no knowledge of the facility being out of ratio. I also reviewed attendance records and made two unannounced onsite inspections. During the onsite inspections, I found all rooms to be in ratio.

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.

On 01/11/2023, I interviewed Witness 1. It is reported that children are being pinned to their cots by staff. The staff are aggressively patting (open handed slapping) children on their backs, while the children express that they are in pain. It is reported that child care staff member (CCSM) 12 was witnessed on 3 multiple occasions using physical force and restraining children to their cots when they are having a rough time taking a nap. It is also reported by the Witness 1 that CCSM 2 is constantly falling asleep while the children are up and during the time the children are taking a nap. Witness 1 also identified Nancy Craft, Program Director, CCSM 1, CCSM 4, CCSM 7, CCSM 8, CCSM 11, and a few staff from the infant classroom that could not be identified by name. It is reported that the above staff verbally abuse children. According to the Witness she has lost count of the number of times that she has witnessed children being verbally abuse by staff. Witness 1 said this happens in the toddler classrooms and the preschool classrooms. On 01/16/2023, I received an email with two video clips and three photos. I could not open the video clip. I was unable to reach Witness 1 to have the video sent to me utilizing a different application. I reviewed the three photos that do not have date stamp. Photo 1 was a photo of CCSM 2 sitting in a chair in a classroom with two female children. CCSM 2 eyes appear to be closed. Photo 2 was a photo of the inside of a drawer that appeared to have mice drippings in the drawer. Photo 3 was a photo of a clear plastic container with bowls and measuring cup. There are mice drippings in the bottom of the clear container. On 02/24/2023, I completed an unannounced onsite inspection with Timika Haley, Licensing Consultant. I interviewed Nancy Craft, Program Director. She said she never witnessed CCSM 6 sleep in the classroom while she was caring for children. Mrs. Craft said that she has never witnessed any staff sleep while caring for the children. Mrs. Craft said the staff pat children on their back when they are putting them down for nap. She has not witnessed any staff patting children hard on their back and making them cry at naptime. On 02/24/2023, I interviewed CCSM 1, CCSM 2, CCSM 3, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 8, and CCSM 9. They all stated that they have not witnessed any staff sleep while caring for children and they have never fallen asleep while caring for the children. They stated that they have not witnessed staff patting children hard on their backs and making the children cry. On 03/06/2023, I interviewed CCSM 2, CCSM 8, CCSM 9, and CCSM 11. They stated that they have not witnessed any staff slapping children on their backs during naptime. On 04/26/2023, I was able to download the videos attachments that were sent by the Witness. Video clip 1 was an audio of a classroom. I did not see any children or 4 CCSM's. I could hear a distant voice of the female who was identified as CCSM 12 by the Witness. The witness identified the child voice as Child A (4-year-old, male). The female voice was distorted. It sounded like she said, "lay on the cot". I could not clearly hear the other statements being made on the video. The other voice on the video sound like a child crying. I was unable to hear any statements from the child crying. Video clip 2 showed Child B (4-year-old, female) and CCSM 12. I observed Child B crying and saying no, while she was laying on the cot. Child B is seen rolling over from her back in an attempt not to go to sleep. CCSM 12 was observed moving Child B from her side to her stomach with resistance from Child B. Child A continued to cry as CCSM 12 flipped her on her stomach. CCSM 12 is seen forcefully flipping Child B on her stomach and putting her right forearm on Child B's back to hold her down. She uses her left hand to hold Child B down on her bottom. CCSM 12 then began to pat Child B on her bottom with her left hand and held her right hand flat on Child A's back

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 01/11/2023, Witness 1 said that children are screamed at and emotionally neglected at the child care center. It is reported that CCSM 4, CCSM 11, and a few CCSM's from the infant classroom who cannot be identified because their names are unknown. Witness 1 reported that Nancy Craft exhibits the same behaviors, or she will have the children go to the Toddler classroom down the hall to avoid dealing with the child. On 02/24/2023, I interviewed Nancy Craft. She said she does not scream at children or neglect them. She stated that she has not witnessed CCSM 4, CCSM 7, CCSM 8, CCSM 11, or any of the infant CCSM's yell at children. The child care staff follow the discipline policy and yelling is not allowed at the child care center. On 03/06/2023, I interviewed CCSM 2, CCSM 8, CCSM 9, and CCSM 11. They all stated that they have not witnessed any staff or Nancy Craft yelling at children. Children are not being verbally abused by staff. On 04/28/2023, I interviewed Child A's Mother and Child B's Mother. Child A's Mother stated that there was an incident on 02/03/2023, Child A reported that when CCSM 10 pulled his arm hard. She explained that Child A talks a lot and is busy. When Child A told her the information, she took the information to Nancy Craft. Child A's Mother said that Mrs. Craft and Megan Feria, Assistant Program Director handled the situation immediately. Child A's Mother took Child A to the pediatrician and the therapist. Child A also went to a behavioral therapist. According to Child A's Mother, she disenrolled Child A from the child care center for 2-3 months. Child A recently returned to the child care center approximately 3 weeks ago. Child A is doing well and she does not have any concerns. Child B's Mother stated that Child B had some behavioral problems. She stated that the child care staff members were yelling at her and grabbed her arm. When Child B was difficult, she was often put in the program director's office. She had concerns with the way Mrs. Craft and another staff member treated Child B. She described them as very cold and stern. Child B's Mother stated that there were times when incidents happened, and they were not notified. She stated that she witnessed inappropriate language being used in front of the children. There were good teachers, but they all left. Child C's (4-year-old, male) Mother said that her experience at the child care center has been exceptional. The staff do an exceptional job, and she would recommend the center to anyone who is looking for child care for their children. On 05/01/2023, I spoke with Megan Feria. She stated that she has not witnessed any staff yelling at the children. The center has a discipline policy that is followed. The staff are not allowed to yell at children. Ms. Feria said that she has not witnessed CCSM 2 sleep while she is caring for children. rj On 05/02/2023, I spoke with Mrs. Craft. She explained that if she observes a staff member raising their voice to loud, she immediately addresses the staff member. Mrs. Craft said she was aware of the incident with CCSM 10 and Child A. When Child A's Mother notified her of the information that Child A shared with her, she immediately spoke with CCSM 10. She said CCSM 10 resigned at the end of her shift the same day that she spoke with her regarding the allegations that she pulled Child A by the arm hard. Mrs. Craft stated that she did not witness CCSM 10 pull Child A's arm. There were no bruises or marks on Child A. CCSM 10 stated that she did pick him. She did not say that she squeezed Child A hard. CCSM 10 admitted that she picked Child A up under his arms. She did not state that she pulled him by his arm hard. Mrs. Craft denied that the incident was report to the department as required by the licensing rules. She stated that she did not report the allegation that Child A's Mother reported to her because she did not witness the incident and did not observer any marks or bruises.

R 400.8158 · R 400.8158(21(b1 Incident, accident. iniurv, illness, death, fire reuortina. (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.

On 01/16/2023, It was reported that the child care center is understaffed and are often out of ratio. Witness states that the center was not in ratio on 01/13/2023. On 02/24/2023, the classrooms were observed to determine if child care staff to child ratios were being maintained. I observed the Infant 1 Classroom (birth to 12 months) there were 2 child care staff members with 7 infants. I observed the Infant 2 Classroom (birth to 12 months) there was 1 child care staff member with 4 children. I observed the Toddler Classroom (18 months-2 1/2 years old) there were 3 child care staff members with 11 children. I observed the Early Preschool Classroom (2 -3 1/2 years old) there was 1 child care staff member with 6 children. I observed the Pre- School Classroom (3-4 years old) there was 1 child care staff member with 10 children. I observed the Pre-K Classroom (4-5 years old) there was 1 staff with 9 children. The child care center was in compliance with child care staff member to child ratio in all classrooms. On 02/28/2023, I received and reviewed the attendance record from 01/13/2023. The child care center classroom maintained the child care staff to child ratio in all of the classrooms. On 03/06/2023, I interviewed CCSM 2, CCSM 8, CCSM 9, and CCSM 11. They stated that there have not been any problems with the child care staff to child ratio. The center always maintains ratio. If there is a need for additional staff, they will contact the front office for assistance. Child A's Mother, Child B's Mother and Child C's Mother reported no concerns regarding child care staff member to child ratios for the center.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

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: Age Child Care Staff Maximum Group Size member to Child Ratio a) Infants and toddlers, 1 to 4 12 birth until 30 months of age 11 b) Preschoolers, 30 months 1 to 8 16 of age until 3 years of age c) Preschoolers, 3 years of 1 to 10 Not applicable age until 4 years of age d) Preschoolers, 4 years of 1 to 12 Not applicable age until school-age e) School-agers 1 to 18 Not applicable

On 01/11/2023, I interviewed with the Witness. It is reported that the mouse problem had not been solved. Mice drippings have been found in the places where food is kept for the children. The Witness reported cleaning feces twice from the cabinet where food/supplies are stored. 12 On 02/24/2023, I interviewed Nancy Craft, Program Director. She said there has not been any problems with mice drippings. Terminix was at the child care center on January 31, 2023. I reviewed the work order from 01/31/2023. The exterior and interior were inspected and serviced. There were no signs of pests and there were no findings or conditions in the service area. On 02/24/2023, I interviewed Jagdeep Monga, Licensee. He said there have not been any recent problems with mice or mice drippings. Terminix has a contract with the child care center to come monthly. On 02/24/2023, Licensing consultant, Timika Haley and I observed the Infant A, Infant B, Toddler A, Toddler B, Early Preschool, Preschool, Pre- K classrooms, and the kitchen. I did not observe any mice drippings in the area where the food is stored. I looked in the cabinets and drawers with staff present who work in the classroom and kitchen. On 02/24/2023, I interviewed CCSM 1, CCSM 2, CCSM 3, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 8, and CCSM 9. They all stated that they have not seen any mice drippings in the area where food is stored. I reviewed three photos that do not have date stamp. Photo 2 was a photo of the inside of a drawer that appeared to have mice drippings in the drawer. Photo 3 was a photo of a clear plastic container with bowls and measuring cup. There are mice drippings in the bottom of the clear container. On 05/02/2023, I discussed the photos that showed mice drippings in the drawers and containers. Mrs. Craft said these were old photos from when she first returned to the child care center as program director. The owners have since established a contract with Terminix and the child care center has not had problems with mice drippings.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8380 · R 400.8380 Maintenance of premises. (2) The premises must be maintained so as to eliminate and prevent rodent and insect harborage. ................... ...........

I observed the child care center during the onsite inspection. The premises was maintained to eliminate and prevent rodent and insect harboraae.

Open Not marked corrected in the state record

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.

On 11/09/2022, I completed an unannounced onsite inspection. I spoke with Nancy Craft, program director. She denied that any CCSMs have taped a child's mouth to stop them from talking. Ms. Craft is not aware of any recent incident where the CCSMs have fallen asleep while caring for the children. Ms. Craft said a similar incident happened while she was on a leave of absence. However, she did not know any details surrounding the event. She was on leave from 11/25/2020- 04/11/2022. She denied any concerns with CCSMs falling asleep. Gail Sicilian was the Assistant Director at the time of the incident. She is no longer employed at the center; her last day was 11/28/2022. On 11/09/2022, I spoke with CCSM 3. There have not been any problems with staff falling asleep while caring for children. CCSM 3 stated that there was a previous employee, CCSM 7 who would fall asleep. CCSM 7 is no longer employed at the childcare center. CCSM 3 stated that CCSM 6 has fallen asleep while the children are asleep during naptime. However, it was never reported to management. On 11/09/2022, I spoke with CCSM 4. CCSM 4 has never witnessed any childcare staff member tape a child's mouth to get them to stop talking. They have never witnessed a staff fall asleep while caring for children. On 11/10/2022, I received a copy of the staff handbook. I reviewed the discipline policy which prohibits any staff from restricting a child or frightening a child. The policy indicates that staff will be immediately terminated if they utilize any form of discipline listed in the handbook. On 11/10/2022, CCSM 1 said CCSM 6 would be pulled into the classrooms in the afternoon to cover short staffing. CCSM 6 would not be able to walk or stand, she would not be able to lift children, change diapers, or do activities. It is reported CCSM 6 would sit on a chair and fall asleep while watching children. There have been many instances where she would be the only one in the classroom, and she would be asleep. According to CCSM 1 management was aware of CCSM 6 falling asleep and thought it was funny. On 11/10/2022, I spoke with CCSM 2. CCSM 2 said they heard of the incident where tape was put on Child A (3-year-old, male)'s mouth. CCSM 2 did not witness the incident occurred and did not know any details surrounding the event. However, according to CCSM 2, CCSM 7 was terminated for the incident. CCSM 2 stated that she believed that Child A's Mother was informed. On 11/14/2022, I spoke with CCSM 5, CCSM 6, and CCSM 7 by phone. It is reported that CCSM 5, CCSM 6, and CCSM 7 are not aware of a child's mouth being taped to get them to stop talking. CCSM 5, CCSM 6, and CCSM 7 have never witnessed any staff sleep when they are in the classroom caring for the children. CCSM 6 denied ever falling asleep during. She is the cook and a floater for the center. During the onsite, I observed CCSM 6 walk around and stand while at the 4 center. CCSM was in the kitchen, standing and preparing food. CCSM 7 denied putting tape on Child A's mouth to get him to stop talking. On 11/18/2022, I spoke with Child B's (2-year-old, male) Father. He explained that Child B had a great experience with his previous teacher. He cries since she has been gone. The last few months have been difficult. He reported that approximately one month ago his wife was picking up Child A and overheard someone being yelled at. Child B is scared of yelling. On 01/23/2023, I spoke with Child C's (3-year-old, male) Mother. She said she has had a great experience with the childcare staff members. They communicate very well with her regarding her children. She has no concerns about inappropriate care or supervision. On 03/01/2023, I spoke with Child A's Mother. She said that she was not aware of an incident where Child A's mouth was taped. She has never noticed any marks or bruises that raised any concerns.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8176 · R 400.8176 Sleeping equipment. (13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or Aorta-crib with a resting or sleeoina infant.

On 11/09/2022, I spoke with Ms. Craft and CCSM 4. They both stated that children are not allowed to sleep in the crib with a boppy or blanket. If she observed an infant in the crib with any of the above, she would immediately remove the item and speak with the CCSM. On 11/09/2022, I spoke with CCSM 4. It is reported that the infants are never allowed to have a boppy or blanket in the crib with them. On 11/10/2022, I CCSM 1 said there was no safe sleep practices happening. Infants were put to bed in cribs with blankets over them, boppys were put in cribs with blankets over them, infants were put in swings to sleep with blankets over them. Babies that were old enough to sit up on their own, sometimes not even and been tucked in with blankets, were set to sit at the table for hours on end with just a tablet in front of them. On 11/14/2022, I spoke CCSM 5. It is reported that the infants are never allowed to have a boppy of blanket in the crib with them. On 11/18/2022, I spoke with Child B's Father. He reported that he was told by a childcare staff member that Child B was in the crib with a blanket. He was concerned that Child B was being isolated. Safety is the number one concern. Child B's Father stated that he disenrolled his child when he was notified of the incident. The CCSM who told Child B's Father this information wanted to remain anonymous.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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 childcare staff members to children, including children related to a staff member or the licensee, must be as shown in Table 4: rABLE -t ('bald Care Staff McEuber to Child Ratios Age Child Care Staff j MasauuEu Member to Child Ratio j Group Size E kt6wts aucl toddler. With twtil 39 1 to 4 12 € , tattantlaS t>t afas ............... .......................... .........1'recltoo1er.. 30 tttotatlts of age 1 to $ 16 until 3 yeatr of a e f paescltoolers, 3 years of age until 4 1 to 10 Not applicable FCarS of h 4 p£eschoolei . 1 ; a: of age until Ito 12 Not applieable school-age E i laol-a txe rs Ito 18 Not aYpli.a ble

On 11/09/2022, I spoke with Ms. Craft, CCSM 3, CCSM 4, CCSM 5. Ms. Craft, CCSM 3, CCSM 4, and CCSM 5 stated that there have not been problems with maintaining ratio in the classroom. They stated that if there is a ratio issue the front desk is called to send another staff to the classroom to assist or they will move children to another classroom to ensure that the ratio maintains compliance. On 11/09/2022, I observed the classrooms. The childcare staff to child ratio was maintained in all the classrooms. There were 62 children and 13 childcare staff members in attendance. The Infant A classroom had 7 children with 2 childcare staff members. The Infant B classroom had 4 children with 1 child care staff member. The 1:4 ratio was maintained. The Toddler A classroom had 8 children with 2 childcare staff members. The Toddler B classroom had 11 children with 3 childcare staff members present. The 1:4 ratio was maintained. The Early Preschool Classroom had 8 children with 1 childcare staff member. The 1:8 childcare staff member to child ratio was maintained. The Preschool Classroom had 12 children with 2 childcare staff members present. The 1:10 childcare staff member to child ratio was maintained. The Pre-K Classroom had 12 children with 1 childcare staff member. The 1:12 childcare staff member to child ratio was maintained. On 11/10/2022, I spoke with CCSM 2 and CCSM 3. CCSM 2 reported that the childcare staff member to child ratio has been off in the Toddler A classroom. CCSM 3 reported that ratios were off today, 11/10/2022. CCSM 3 stated Ms. Craft refused to come and work in the classroom. However, Ms. Craft stated that when there is a staff shortage, she will go in the classroom to maintain ratio. On 11/10/2022, CCSM 1 reported that there have been many instances where the classroom was over ratio and Ms. Craft would sit in the office and watch the staff struggling and not assist. On 11/14/2022, I spoke with CCSM 5. It was reported that there were staff shortages in the past. There have not been any problems lately. The childcare staff to child ratio has been maintained. On 11/14/2022, I spoke with CCSM 6 and CCSM 7. It is reported that there have not been any problems with ratio. The childcare staff to child ratio has been maintained. On 11/18/2022, I spoke with Child A's Father. He stated that on 11/17/2022, he observed 15 to 16 children in the large toddler classroom with two CCSMs. According to Child B's Father there were infants in the toddler classroom. The childcare staff member to child ratio was not being maintained. On 01/09/2023, I spoke with Mrs. Craft. She said there was a Yelp review posted that had the exact same allegations that I am investigating. 01/10/2023, I received a copy of the Yelp review from Mrs. Craft. The review included the same allegation that are being reviewed in this investigation. On 01/23/2023, I spoke with Child C's Mother. She stated that when she drops off in the morning there is not a problem with ratio. On 01/24/2023, I spoke with Mrs. Craft and requested copies of the attendance records. She said she had to go through the records to pull the attendance records from November 2022. On 01/25/2023, I spoke with Mrs. Craft. She said she was short staff due to the weather and she would send the attendance records at the end of the day. On 01/26/2023, I reviewed the attendance records for 11/10/2022 and 11/17/2022. The CCSM to child ratio was maintained in the Infant A,(1:4) Infant B(1:4), Toddler A (1:4), Toddler B(1:4), Early Preschool (1:8), Preschool (1:10), and Pre-K(1:12) for both days.

R 400.8330 · R 400.8330 Food services and nutrition generally. (20) Bottle propping is prohibited.

On 11/09/2022, I spoke with Ms. Craft. She said bottle propping is not allowed at the childcare center and infants are not allowed to have blankets wrapped around them. She has not observed any staff propping bottles or wrapping blanket around the infants. I observed the infant classroom, I did not observe any infants' bottles being propped or blankets wrapped around them. On 11/09/2022, I spoke with CCSM 4. It is reported that they have a policy that prohibits propping bottles. She has not witnessed any CCSM propping bottles and she does prop bottles. On 11/10/2022, CCSM 1 reported that bottles were being propped with blankets wrapped around them and left unattended. Anytime CCSM tried to do what is right, it is reported that they were told to stop and to do it the way they do it because it "saves time." On 11/14/2022, I spoke with CCSM 5. It is reported that there are very strict rules that prohibit bottle propping. The staff are never allowed to prop bottles.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8380 · R 400.8380 Maintenance of premises. (2) The premises must be maintained so as to eliminate and prevent rodent and insect harborage.

On 11/09/2022, I spoke with Ms. Craft during the onsite inspection. She admitted that there was a mice problem at the childcare center. She explained that there was an art closet that was cleaned out in April 2022, there were mice droppings. Ms. Craft said Terminix was at the childcare center last month for a pesticide application for the mice problem. The Terminix contract began on 09/22/2022 and they are scheduled to come monthly to apply the pesticide. There has not been any mice drippings or snacks opened by mice. Ms. Craft said all snacks are kept in the kitchen in the cabinet. The snacks are kept in containers. On 11/09/2022, I spoke with CCSM 3. It was reported that there have been problems with mice and droppings last week. The mice problem recently came back. No children have been harmed. Last week there was a mouse caught on the bait. The snacks were not open in the classroom. On 11/09/2022, I spoke with CCSM 4 and CCSM 9. It was reported that when mice droppings are observed they are cleaned up. On 11/10/2022, I received a copy of the Terminix invoice from 09/20/2022. The pesticide for rodents was applied at the childcare center. On 11/10/2022, CCSM 1 reported that mouse droppings and urine have been seen all over the building. There has been mouse poop inside the infant swings, on the play mats, and inside the drawers where the bibs are put. The mice would go into the drawers of food, cups, and whatever else and eat everything up and poop all over the drawer. It is reported that dryer sheets were put in the the drawers in the sophomore room to deter the mice. On 11/10/2022, I spoke with CCSM 2. It is reported that there have been mice droppings in the kitchen cabinet. CCSM 2 reported that there are photos from when the mice ate the snacks from the drawer. There has been snacks in the drawer that were eaten by the mice. Food and cups are no longer placed in the drawer. When the art closet was cleaned out, there were mice droppings in the closet. The closet has been cleaned. CCSM did not provide the photos. On 11/14/2022, I spoke with CCSM 5. It is reported that there was a problem with mice approximately 5-6 months ago. The exterminator was called out to work on the mice problem. None of the children were harmed. On 11/14/2022, I spoke with CCSM 6. It is reported that there was an exterminator at the childcare center a couple of months ago. There have not been any mice observed in last couple of months. When the droppings were observed, it was wiped up immediately. On 01/14/2022, I spoke with CCSM 7. It is reported that there were mice droppings in the classroom in the past. It has been over 4 weeks since mice droppings were observed. 11 On 11/18/2022, I spoke with Child B's Father. He reported that he has never seen any mice inside the childcare center. There was a pile of old junk observed near the toddler classroom on the right-hand side of the hallway. He has seen mice running around the parking lot. On 01/23/2023, I spoke with Child C's Mother. She stated that the childcare center is clean since the new owners started. She did not have any concerns with mice being in the childcare center.