OLHSA Pontiac Head Start

R 400.8131(4)(b) · R 400.8131(4)(b) Equipment. (4) Play equipment, materials, and furniture, must be all of the following: (b) Safe, clean, and in good repair.

On 9/30/2025, in Classroom 105, Child A fell forward from a walk-around activity center when the seat detached from the table, causing her to hit her head. The equipment was not safe or in good repair at the time of the incident, resulting in a fall and a visible head injury.

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R 400.8140(2)(a) · R 400.8140(2)(a) Discipline. Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

Based on the interviews and video, there is no evidence that CCSM 1 pulled Child A's finger.

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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 04/14/2023 the department received an incident report from CCSM-B. The incident report stated that CCSM-E witnessed CCSM-A yank an unknown child by the arm, bend down and say something to the child, and then pulled the child again by the arm. On 04/19/2023 I conducted an unannounced on-site inspection at the center. interviewed CCSM-B, CCSM-C, CCSM-D, and CCSM-A. The interviews were conducted privately in an office on the second floor. CCSM-B stated that CCSM-E approached her on 04/14/2023. CCSM-E informed her that she had witnessed CCSM-A yank an unknown child by the arm while on the playground around 11:30am that day. CCSM-E was unable to describe the child but said that it happened while the class (classroom 205) was lining up to go inside. 2 CCSM-B said that she attempted to get more information from CCSM-E, but CCSM- E was unable to recall any additional details. CCSM-B stated that she was surprised to hear these allegations against CCSM-A because she has never received any complaints or concerns regarding CCSM-A in the past. She added that CCSM-A is very patient and highly regarded as a staff member. CCSM-B stated that CCSM-A was working in classroom 205 with CCSM-D on 04/14/2023. While on-site I was able to view a video recording from the camera located outside by the playground area. This view captured the children from classroom 205 lining up to go inside. I could see the children lining up along the fence. CCSM-A is seen crouching down to talk to a child, but I could not see the child's face. CCSM-A is then seen holding the child's hand and walking them inside, but again, the child's face is not able to be identified due to the angle of the camera. It does not appear that CCSM-A yanked the child by the arm, and CCSM-A's body language appears calm and relaxed. CCSM-E can be seen across the playground, but her back is turned during the time the children are lined up and walking into the building, so it is unknown how she could have witnessed the reported incident. CCSM-C stated that she was on the playground with CCSM-A while she was outside with classroom 205. CCSM-C denied that she saw CCSM-A grab or yank a child while on the playground, or while lining the children up to go inside. CCSM-C said that she has never seen CCSM-A act inappropriately with any of the children and denied even hearing CCSM-A raise her voice while speaking to the children. CCSM- C denied that she saw any child crying while on the playground or while walking inside on 04/14/2023. CCSM-D stated that she worked in classroom 205 with CCSM-A on 04/14/2023. CCSM-D denied that she witnessed CCSM-A yank or yell at any child while on the playground or while walking the children back into the building. CCSM-D stated that some of the children were upset since they wanted to stay outside longer, but that is normal at the end of outside time. CCSM-D denied that any of the children approached her and disclosed being yanked by the arm. CCSM-D described CCSM- A as very soft spoken and affectionate with the children. CCSM-A stated that she was confused when she was called in CCSM-B's office on 04/14/2023 and asked about yanking a child by the arm. CCSM-A stated that she held some children's hands while walking them inside from the playground on 04/14/2023 but denied that she yelled or pulled on any of the children's arms. CCSM-A indicated that she does not even remember any of the children being upset on the way inside that day. CCSM-A stated that she is trained on the center's disciplinary policy and would never use any form of corporal punishment with any of the children. 3 On 06/26/2023 I interviewed CCSM-E via telephone. CCSM-E stated that she was outside on 04/14/2023 but was on the other side of the playground in the infant/toddler section. CCSM-E stated that she saw CCSM-A pulling a child by the arm two times and then bending down and whispering something in their ear. CCSM-A then proceeded to pull the child by the arm and walk them inside the buildi

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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 03/14/2023, Staff Member A emailed an incident report to the department. The incident report indicated that on 03/13/2023, Staff Member D observed Staff Member B Child A by thee during small group. This occurred when Child A refused to sit own. On 03/17/2023, attempted to interview Child A but On 03/20/2023, 1 spoke with via telephone and coordinated an on-site inspection for 03/21/2023 at 11 m. On 03/21/2023, and I met face to face with Child A's mother. Child A's mother stated thaton 3/2023 around 4:10pm, she was contacted by Staff Member A and informed that there was an incident involving Child A but that they were unable to give her any specific information at that time. On 03114/2023, Child A's mother met with Janice Smith (program director/licensee designee) and was told that Child A by a staff member but that the investigation was waI still on-going. Laker that day, Ms. Smith provided Child A's mother additional information regarding the incident, stating that Staff Member B Child A by ,when Child A refused to sit during small group time. Ms. Smith said that Child A had when Staff Member B her and that Child A cried for a brief period Pereafter, but that was observed. Child A's mother took Child A to and was examined by March 18. 2023,at whichtime Child A's was noted s mother said that a few weeks prior to the incident, witnessed Staffember B carrying Child A under her arm "like a sack of potatoes." Child A's mother spoke directly to Staff Member B and asked her not to carry Child A in that manner because Child A is and needs to be carried in a gentler way. Child A's mother stated Pathat she diWd noeport this concern to management, since she felt like she addressed the problem directly with Staff Member B. Child A's mother stated that she was informed that Staff Member B no longer have any contact with Child A. will Child A is still enrolled in the program and attends the center daily. On 03/21/2023, and I conducted an unannounced on-site inspection at the center. We interviewed Staff Member C, Staff Member D, Staff Member E, 3 Staff Member A, and Staff Member B. The interviews were conducted privately in an office on the first floor. Staff Member C worked in classroom 104 for over a year but was recently replaced by Staff Member B and moved to another classroom. Staff Member C was told that Staff Member B had to work on the first floor of the building due to he Staff Member C has never worked in a classroom with Staff Clem r B _. but has walked into Classroom 104 at different times and observed Staff Member B interacting with the children. Staff Member C has observed Staff Member B holding a child in what she described as an "inaoorooriate way.' Staff Member B was ~supporting the child . When Staff Member B saw Staff Member C looking at er, she immediately set the child down, as if she knew she was doing something wrong. Staff Member C described Staff Member B as having no patience with the children and that she has a short or "rough" tone when addressing the children. Staff Member C said that the children seem to stay away from Staff Member B and typically ask other staff members for assistance. Staff Member D has been working in classroom 104 for the past five years. Sometime in February 2023, management assigned Staff Member B to classroom 104 as an assistant. During the next month, Staff Member D witnessed Staff Member B ignoring the children and often sitting down and not helping in the classroom, Staff Member D stated that it seemed like caring for the young children was physically too much for Staff Member B. Staff Member B often demonstrated impatience and frustration when working with the children, for example raising her voice and, on some occasions, wiping their faces too rough after snacks and meals. On 03/13/2023 Staff Member B was sitting at the tables with a group of children. Staff Member D was taking a child to the sink to help them wash their hands. While at the sink she heard Child A Staff Member

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children.

Staff Member B acted in a manner that was not conducive to the welfare of children. On 03/13/2023 Staff Member B improperly supervised Child A. Staff Member B's expectation of Child A was beyond her level of maturity and mental abilities. Staff Member B expected Child A to stay seated for an extended period. When Child A did not remain seated, Staff Member B used that a reasonable person in the same position"wouwould use. Staff Member B pulled Child A resulting in the which was still able toMe ' observed five days later by an examining physician.

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722.115m Child care center, group child care home, or family child care home; requirements for licensure. ...If the department determines that a service, facility, applicant, licensee, child care staff member, or member of the household is not conducive to the welfare of the children, the department shall deny that application or revoke that licensee's license accordina to section 11.

Staff Member B is not conductive to the welfare of children based on her actions on 03/13/2023 when Staff Member B improperly cared for and su ervised Child A by _ Child A down, causing an

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R 400.8140 · R 400.8140 Discipline (2) All of the following means of punishment are prohibited: (d) Inflecting mental or emotional punishment, such as humiliating, shaming, or threatening a child. ..... .. .........

On 01/13/2023 I received an email from Staff Member B (deputy director of operations) informing me that she became aware of a serious of incidents involving Staff Member A. These incidents occurred during the week of 01/09/2023. Staff Member A (assistant staff member classroom 204) had been involved in numerous incidents where she was observed or overheard threatening children in the classroom. On 01/17/2023 I received a follow-up email from Staff Member B. The email stated another incident occurred in classroom 204, involved Staff Member A threatening a child. On 01/24/2023 I conducted an unannounced onsite inspection. I interviewed Staff Member B (deputy director of operations) privately in her office. Staff Member B informed me that Staff Member A had been placed on administrative leave on 01/17/2023 and was no longer working in the building at the time of my inspection. Staff Member C (lead staff member classroom 204) was also not present at the center during my on-site inspection. Staff Member B stated that Staff Member A and Staff Member C were the only two staff members assigned to work in classroom 204, which includes children ages 3-4 years. Staff Member B stated that Staff Member A was trained on the center's discipline policy which prohibits the use of threats. Staff Member A signed the OLHSA (Oakland Livingston Human Service Agency) standards of conduct agreement on 08/13/2018. The standards of conduct agreement states that the center's staff members are to use positive strategies to support children's well-being to prevent and address challenging behavior. It also goes on to list all the prohibited means of punishment which include withholding of food and the use of threats. Staff Member B stated that on 01/11/2023, she received a written statement from Staff Member C (lead staff member) documenting several incidents involving Staff Member A in classroom 204. Staff Member B provided me with a copy of that statement. Staff Member B stated that she met in-person with Staff Member C on 01/12/2023 and discussed the written statement and the incidents that occurred between 01/09/2023 and 01/11/2023. Staff Member B indicated that she has never 3 received previous complaints about Staff Member A physically abusing the children, but she has received complaints from other staff members claiming that Staff Member A is loud with the children and does not get along with other staff members. On 01/17/2023, Staff Member B received another written statement from Staff Member C regarding an additional incident that was observed that same day. In part of the written statement received on 01/11/2023, Staff Member C documents her concerns regarding Staff Member A's behavior from 01/09/2023, when Child A bumped into another child who was carrying a food tray, causing food to be spilled onto the floor. Both Staff Member C and Staff Member A instructed Child A to help clean up the mess on the floor. Staff Member C turned away and started helping another child. When Staff Member C looked up, she saw Child A doing an exaggerated stretching motion and acting like she could not reach to pick up the food on the floor. Staff Member C witnessed Staff Member A take off her shoes and say to Child A "I've got two shoes that say otherwise." On 03/27/2023, I interviewed Staff Member C via telephone and reviewed her written statement regarding incidents involving Staff Member A. Staff Member C added more detail to the incidents on 01/09/2023. Staff Member C stated that when Staff Member A verbally threatened to hit Child A with her shoes, she was holding her shoes up in the air and making a motion like she was either going to throw them or use them to smack Child A. Staff Member C attempted to speak with Staff Member A that day during naptime, but Staff Member A refused to listen and just kept looking at her cellular telephone and ignoring her. On 03/27/2023 I spoke with Child A's mother regarding the 01/09/2023 incident. Child A's mother stated th

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R 400.8140 · R 400.8140 Discipline (2) All of the following means of punishment are prohibited: (d) Inflecting mental or emotional punishment, such as humiliating, shaming, or threatening a child.

I received a written statement from Staff Member C.In the statement staff Member C said she heard Staff Member A tell a group of children that if Child A takes their toys or tries to hurt them, they should hit Child A back and that will teach Child A not to do that again. On 03/27/2023, Staff Member C clarified the report in her statement regarding this incident during our telephone interview. Staff Member C stated that Child A is still adjusting to playing with other children her own age and that she sometimes has issues with sharing. Staff Member C said that she heard Staff Member A tell the children that if Child A takes their toys or hits them that they have the right to hit Child A back. Staff Member C reported this to Staff Member B (deputy director of operations). On 03/27/2023, Child A's mother said that Child A, who is an only child, had enrolled Child A in the center in part to help her learn to socialize with other children her age. Child A's mother said that she was not made aware of this incident. During my telephone interview with Staff Member A on 03/27/2023, she denied ever telling any of the children in the classroom to hit Child A if she took their toys or hurt them. Janice Smith did not have any other knowledge than what was in the Staff Member C's statement. n ..... .. ......... ANALYSIS: On 01/10/2023 Staff Member A did not provide appropriate care and supervision when she instructed the children in classroom 204 to hit Child A in retaliation for hitting them or taking their toys. CONCLUSION: VIOLATION ESTABLISHED

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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.

Staff Member C's written statement said that on 01/11/2023, Child B was asked to help clean-up during a transition time. Child B continued to play and was not following directions. Staff Member A told Child B that she has "good aim" with throwing her cellular phone and that she could hit Child B right between the eyes if she wanted to. During the interview on 03/27/2023, Staff Member C provided additional information regarding the 01/11/2023 incident. On 01/11/2023 Child B had been repeatedly reminded to follow the classroom rules throughout the day. Staff Member C heard Staff Member A say to Child B, "I could toss my phone and hit you right between the eye, I have good aim. You need to listen." Staff Member C said that while she threatened to throw the cellular telephone at Child B, she had the cellular telephone in her hand and was shaking it towards Child B. Staff Member C reported this incident to Staff Member B (deputy director of operations). On 03/27/2023 I spoke with Child B's father. Child B's father stated that he was contacted sometime in 01/2023 and informed that a staff member in Child B's classroom had threated to hit Child B in the head with her cellular telephone. Child B's father said that around that time, Child B had started complaining and not wanting to attend the center. Child B's father said that Child B never said anything about a particular staff member but just seemed like he no longer wanted to go to class. Child B is still in attendance and since the incident no other concerns have been noticed. On 03/27/2023 Staff Member A denied that she threatened to throw her cellular telephone at Child B, or that she had ever threatened any child in the classroom. Staff Member A stated that she does not even keep her cellular telephone on her while she is working in the classroom. Staff Member A did not know why anyone would say these things about her. Janice Smith did not have any other knowledge regarding this incident besides what was provided by Staff Member C. 7

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R 400.8330 · 1 R 400.8330 Food services and nutrition generally (9) A center shall not deprive a child of a snack or meal if the child is in attendance at the time when the snack or meal is served.

Staff Member C's written statement indicates that near the end of lunchtime on 01/17/2023, Child A was sitting on her cot and asked if she could get up and eat some of her lunch. Staff Member A told Child A that because she refused to eat her lunch at the beginning of lunchtime that she could not have it now, and that she needed to lie back down. In discussing this incident with me on 03/27/2023, Staff Member C indicated that Child A was not listening to staff at the beginning of lunchtime that day, and she refused to wash her hands and get ready for lunch. Child A was asked several times if she was ready to eat lunch, which Child A responded, no. Child A went to the bathroom, and when she came out, she stated that she was now ready to eat lunch. This occurred around 12:00pm, while a few of the other children were still eating their lunch. Staff Member A told Child A that since she did not want to eat lunch when it was lunch time, she could not eat lunch now, and told Child A to go lie down on her cot. Staff Member C finished helping with other children and then went over to get Child A her lunch, but by that time Child A had already fallen asleep. On 03/27/2023 Child A's mother stated that she was never informed of the 01/17/2023 incident, but that she had past concerns that Child A is not eating enough while at the center. Child A's mother described Child A as a picky eater and said that she had spoken to staff members numerous times regarding encouraging Child A to try new things and to eat more food while in care. Child A's mother was very upset that Child A had been denied food and forced to take a nap without being fed lunch. On 03/27/2023 Staff Member A said that on 01/17/2023 Child A fell asleep without eating lunch but said that was because Child A refused to eat. Staff Member A said that she was helping the other children wash their hands and assisting them serving the family style lunch. Child A refused to wash her hands and said she did not want to eat lunch. Staff Member A said that she fixed a plate of food for Child A, but that Child A refused to sit down and eat it. Finally, Child A washed her hands but instead of coming to the table, she went to the cot and fell asleep. On 04/06/2023 Ms. Smith stated that Staff Member A has had numerous disciplinary issues in the past and has been required to work one on one with their educational coaches in the classroom. Ms. Smith stated that Staff Member A has not seemed to benefit from the training and coaching provided to her and does not seem willing to change her inappropriate behavior in the classroom. Ms. Smith stated that Staff Member A has a history of not taking responsibility for her actions and is not interested in changing her ways in the classroom.

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

On 06/07/2022 I received an incident report from Maria Marra (site manager). The incident report stated on 06106/2022, Child A disclosed to her 2 mother that Ms. yang had hit her and twisted her ear while moving her cubby. Child A had not been at the center the previous month, and 06106/2022 was her first day back in the classroom. Child A's mother stated that Child A had attended the center for a couple of months. She denied having any prior concerns with the care provided. Child A's mother disenrolled Child A after she disclosed that Ms. Vang had twisted her ear. On 06/1312022 an unannounced on-site inspection was completed We interviewed Maria Marra (site manager), and Ula yang (early head start staff member). Interviews were conducted privately in Ms. Marra's office. Ms. Marra stated that she was notified by that Child A's mother had concerns that Ms. Vang had twisted Child A's ear. Child A had been absent from the program for the past month and Ms. Nardo was working with the family to encourage them to continue with the program. Upon hearing the allegations, Ms. Marra immediately contacted Child A's mother. Child A's mother informed Ms. Marra that on 06/06/222 during bath time, Child A told her that Ms. Nang had hit her and twisted her ear. Ms. Marra stated that Child A's mother has disenrolled Child A from their program. Ms. Marra was shocked by the allegations and denied ever having concerns with Ms. yang's behavior towards the children. Ms. Marra denied any past disciplinary action or receiving complaints regarding Ms. Nang from any staff members or parents. Ms. yang stated that she has worked at the center for more than 4 years. Ms. yang said that she uses redirection as the main form of discipline in the classroom and helps children come up with solutions to conflicts in the classroom. She denied ever using any form of corporal punishment with any child, and specifically that she had never struck or twisted Child A's ear. Ms. yang stated that Child A had been absent for about a month and that she recently returned to the classroom for just one day. Ms. Nang said she was surprised how quickly Child A adjusted to coming back to class and mentioned that Child A remembered all the classroom routine and rules. Ms. yang described Child A as a child that does not cry much and follows the classroom directions well. Ms. yang remarked that they would not have even been to Child A's cubby on her first day back since Child A did not bring a blanket with her, which would have been the only reason to go to the cubby. Ms. yang said that she provided Child A one of the center's blankets that are typically stored in the classroom closet. She denied that Child A complained about being hurt or seemed to be upset on 06/06/2022. Ms. yang said they do sing a song about paying attention, listening, and staying still. During this song they all touch their eyes, ears, and body to show that they are paying attention. This was the only thing Ms. Vang could think of that involves touching ears in the classroom. While on-site I observed classroom 115 and the cubbies that the children use in the main hallway. The cubbies are located adjacent to the classroom and are in the main hallway that connect numerous classrooms. The cubbies contained the children's backpacks and blankets. Classroom 115 is a large room that has an open floorplan, without any form of partitions to obstruct the staff member's view.

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. ................... ......... (1) All staff and volunteers shall provide appropriate care and su ervision of children at all times. 6"

During the week of 11/01/2021 all staff members provided appropriate care and supervision of Child A. All staff members denied touching Child A's penis and denied telling Child A to touch his own penis. Child A was not able to identify a person who touched his penis, and children use the restroom on their own.

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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 10/28/21, the department received an incident report from the site manager Jacquetta Sledge stating that on 10/26/21, Child A was not allowed to go outside to play while the rest of the children had outdoor recess. The incident report also stated that Staff Member A hit Child A with a broom on his head. There were two staff members in the classroom, Room 304, on 10/26/21: Staff Member A and Staff Member B. On 11/1/21, I interviewed Child A's mother who said that on 10/26/21, after Child A came back from school, he told Child A's mother that he was made to sit in the classroom by himself when the other children went out to play. Child A also stated that he ran out of the classroom and Staff Member A was angry and hit him in the head with a broom. Child A's mother said that she checked Child A's head for any bruises and could not find anything except for a small bump on the back of his head, close to the neck area. Child A said that he was hurting in the bump area. Child A did not complain about the pain the next day. Child A's mother said that she did not call anybody at that time or take Child A to the doctor. Child A's mother said that she was not fluent in English and had Child A's stepfather translate for her. Child A's stepfather stated that Child A was very clear in his explanation of the incident and he and Child A's mother believe that the incident occurred. Child A's mother said that she cannot feel the bump anymore. Child A's mother said that the school transferred Child A to a different campus and they would not have done that if the incident did not happen. On 11/10/21, I interviewed site manager, Ms. Sledge who said that she heard from the family advocate on 10/27/21 that Child A's mother had a concern and wanted to talk with the management team. Site manager, Ms. Ramey was not available that day; therefore, Ms. Sledge took over and talked to Child A's mother. Site manager, Ms. Marra was present with her. Child A's mother appeared very upset at the interview. She said that on 10/26/21 Child A's mother stated that Child A had told her that he was not allowed to go outside to play while all the other children went out. Child A said that he tried to run out of the classroom while Staff Member A pulled him back and hit his head with a broom. Ms. Sledge said that Child A's mother brought back Child A back to school on 10/27/21, but Ms. Sledge said that she needed to talk to the staff members and did not want Child A in the classroom at this time. Child A's mother took him back home on 10/27/21 and brought him back to school on 10/28/21. Ms. Sledge said that she talked to Staff Member A and Staff Member B, and both denied the allegations against Staff Member A. They said that they had never left the children alone with either of the staff members. Ms. Sledge said that it was a strict policy at the center that no child be left alone with any one staff member at any time. There are always two staff members with any number of children in the classroom. Ms. Sledge said that the staff members wrote statements about their day in the classroom on 3 10/26/21 and there is no indication that Child A was hit on the head with a broom or was left in the classroom alone with Staff Member A. Ms. Sledge said that there are no cameras in the classrooms. Ms. Sledge was not sure that Child A was transferred to another campus. On 11/10/21, I interviewed site manager Ms. Marra who confirmed what Ms. Sledge stated and said that Child A's mother did not reach out to her after the conversation on 10/27/21, and she handed over the statements from the staff members to Ms. Ramey the next day. Ms. Marra said that as far as she knows, Child A is currently enrolled in the program. She said that she did not know anything about transferring Child A to another campus. On 11/10/21, I interviewed Ms. Ramey who said that she was not available to meet with Child A's mother on 10/27/21, therefore, she got the statements and the reports from Ms. Sledge and

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (f) Excluding a child from outdoor play or other gross motor activities. 5

Staff Member A did not exclude Child A from outdoor play. Staff Member B did not witness the incident; Staff Member A denied the allegation and Ms. Ramey saw the classroom empty both times during outdoor play on 10/26/21.

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