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.

Based on the information gathered during the investigation, there is insufficient evidence to determine that Child A was spanked on 12/14/2020 by child care staff member, Vanessa Nelson.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8167 · R 400.8167 Indoor space. (1) The required square footage of indoor space per child must be at least the following: (b) Thirty-five square feet for preschoolers and school-agers.

On 12/16/2020, the preschool classroom was observed to have 25 child care children present, ages 30 months and older. This exceeded the approved space, which is for a total of 16 children, ages 30 months and above.

Open Not marked corrected in the state record

Category: physical safety. 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 porta-crib with a resting or sleeping infant.

On 12/16/2020 a blanket was observed in the crib with a sleeping infant. .................... .................. ... ........................................_.............. ....

Open Not marked corrected in the state record

Category: physical safety. 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 10/16/2020, I spoke with Child A's Mother by telephone. Child A was enrolled in the center on 09/28/2020 and attended Monday to Thursday from 7:45 AM to 7:45 PM. Child A's Mother indicated that he had a diaper rash and that she had taken him to the doctor (date unknown) who advised the use of Desitin diaper cream and Aveeno baths due to his sensitive skin. Child A did not attend the center on 10/08/2020, 10/09/2020, 10/10/2020, 10/11/2020, or 10/12/2020 and his diaper rash cleared up. Child A returned to the center on 10/13/2020 and his diaper rash returned. Child A's Mother indicated that she provided the center with "a large and expensive purple bottle of Desitin" and that child care staff members either gave it to another parent, were not using it, or lost it. She brought it to the center's attention on 10/14/2020 and they provided her with a new bottle of Desitin, however it was the "cheaper" kind and not an exact replacement. Child A's diaper rash has been "a consistent thing" since he had been attending the center. Child A's Mother did not complete or sign a permission slip for the center to administer Desitin. I 3 asked Child A's Mother who Child A's primary caregivers were, and she stated that she did not know their names. Child A's Mother reported that "the whole staff' had issues with her because she asked a lot of questions and they felt she was being rude. The child care staff members did not like Child A's Mother questioning them and their procedures. I completed an unannounced, on-site inspection on 10/19/2020 to the center and arrived at 11:00 AM. I first spoke with Licensee, Brigitte Haller, and informed her of the allegations. Ms. Haller did not know if Child A had a diaper rash but recalls Child A's Mother bringing diaper rash cream. Ms. Haller indicated that the child care staff members in the infant room are Thelma Field and Yvonna Adams. I then privately spoke with child care staff member, Thelma Field, on 10/19/2020. Ms. Field works in the morning when Child A would arrive. She stated that on 09/28/2020, Child A's first day, Child A's Mother handed her diapers along with Child A and indicated that she was running late and did not have time to talk. Ms. Field indicated that she did not know Child A's name or if he was even allergic to anything. Child A's diaper rash was always there and, in the morning, when he was dropped off, by Child A's Mother, his diaper was full. It appeared as if Child A's Mother had just gotten him out of bed. Ms. Field indicated Child A's Mother started complaining about Child A's diaper rash on 10/14/2020 and that had it had gone away, but it is now back since he had returned to the center from being off. Ms. Field informed Ms. Haller that Child A's Mother was upset and complaining about Child A's diaper rash. Ms. Field confirmed that she administered diaper cream to Child A during his diaper changes and that was logged on his primary caregiver sheet. Once the diaper change was complete, the diaper cream went into the basket with his name labeled on it. Ms. Field indicated that the center provides meals for the child care children and denied that Child A ever went a day without eating. Child A's food intake was also logged on his primary caregiver sheet. Ms. Haller provided me with Child A's file, which had copies of his daily log for 09/28/2020, 09/29/2020, and 10/15/2020. The daily log verified the times of Child A's diaper change, his activities, and food intake. The daily log for 10/15/2020 also indicated the time that diaper cream was applied. The file did not have a signed medication permission slip from Child A's Mother for the diaper cream. On 10/19/2020, I privately spoke with Program Director, Korina Potrykus, by telephone. She confirmed that Child A's first date of attendance was 9/28/2020 and that he did have diaper rash when he was enrolled in the center. I asked if Child A's Mother provided any medical documentation regarding the diaper rash, and Ms. Potrykus sta

Open Not marked corrected in the state record

Category: supervision. 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 10/16/2020, when I spoke with Child A's Mother, she expressed frustration with the center and overall communication. Child A has a texture issue with food and she was given paper evidence saying what he ate, but she knows that he would not eat mac-n-cheese and yogurt. This really "triggered" Child A's Mother because Ms. Haller lied to her when she said Child A ate those things. Ms. Haller got insulated when Child A's Mother asked her about lying because she knows for a fact that Child A does not eat certain things. That is when Ms. Haller told her Child A was no longer welcome in her child care. Child A's Mother reported that she did not want to take him back anyway because Ms. Haller had a "hostile bedside manner". Child A was reported to be crying because Ms. Haller was slamming her hands on the desk had her hands in Child A's Mother's face. During the unannounced on-site inspection on 10/19/2020, Ms. Haller explained that child care staff member, Ms. Field, and program director, Ms. Potrykus, had informed her that Child A's Mother was upset and complaining about the care her son was receiving. It was on 10/15/2020 that Ms. Haller spoke with Child A's Mother when she picked him up. Ms. Haller told Child A's Mother that if there is a problem or concern that she would like to fix it. Child A's Mother first indicated that there was not a problem, but Ms. Haller kept pushing for information because the child care staff members were reporting that she was upset. Ms. Haller stated that Child A's Mother began to accuse the child care staff members of lying about what was documented on Child A's daily log for food intake, especially regarding him eating mac-n-cheese. Ms. Haller knows that Child A ate the mac-n-cheese because she fed it to him, however Child A's Mother kept insisting she was lying. As the discussion continued, Child A's Mother asked to record Ms. Haller, to which she agreed to. Ms. Haller reported that she did not have anything to hide. The other child care staff members who were present included Vanessa Nelson and Tori Buckingham. Program director, Ms. Potrykus, was also present but had taken the child care children to the bathroom. Ms. Haller indicated that she ultimately told Child A's Mother that if she was displeased with the care her son received, then his placement in their center was not a good fit. I did ask, Ms. Potrykus, during out 10/19/2020 phone call if she was present during the discussion between Ms. Haller and Child A's Mother. Ms. Potrykus was in the infant room when Child A's Mother arrived around 7:30 PM on 10/15/2020. Ms. Haller came to the front of the room and asked Child A's Mother if she had concerns and Child A's Mother said "no". However, Ms. Haller was upset and kept pushing because the other child care staff members were reporting to her that Child A's Mother was upset and accusing them of not applying diaper cream to his rash. Ms. Potrykus stated that Ms. Haller speaks loudly and that the room was loud with some of the children playing but denied that Ms. Haller was yelling at Child A's Mother. She was trying to communicate with Child A's Mother and was getting very frustrated. Regarding the allegation that Child A would go days without eating, Ms. Potrykus stated that simply is not true. The center provides food for the child care children and it was Child A's Mother who stated that Child A did not like noodles or mac-n-cheese. However, Child A did eat those items when at the center as indicated on his daily log. On 10/19/2020, I privately spoke with child care staff member, Yvonna Adams. Regarding eating, Ms. Adams denied that Child A ever went a day without eating. Child A's Mother never said much and they were working to learn from Child A what he liked and did not like. Child A would push away mac-n-cheese when she tried to give it to him. However, he would shove an entire peanut butter and jelly sandwich in his mouth and try to swallow it without chewing. Ms. Adams tried to feed

MCL 722.115m Child care center, group child care home, or family child care home; requirements for licensure. (2) ... 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 according to section 11.

The recorded conversation between Child A's Mother and Licensee, Brigitte Haller, taken on 10/15/2020 did not demonstrate Ms. Haller to have acted in a manner that was not conducive to the welfare of children.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.8152 · R 400.8152 Medication; administrative procedures. .......................................... ............... ....................................... ................................................................................, (2) A child care staff member shall give or apply medication, prescription or nonprescription, only with prior written permission from a parent.

Child care staff members were applying diaper cream to Child A's diaper rash, without written permission from his parent.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.