• Violation

  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 05/04/2023, I spoke with the complainant who was informed by Witness 1 of the allegation. Child B (5-year-old, female) told Witness 1 that child care staff member 1 spanked Child A. It was unknown when this occurred. On 05/042023, I spoke with Child A's Mother who reported that Child A has been attending the center since the fall of 2022. Child A has special needs, a difficult time with toilet training, and speech deficiencies. Child A's Mother described Child A as 2 just learning how to put sentences together and that she is difficult to understand. Child A's Mother felt this was a "weird" allegation because Child A has never said anything about being spanked. She has not noticed any unusual marks on Child A, other than some on her shins from falling. Child A goes to school with no problem and has never expressed fear or sadness with going. Part of Child A's special needs is that she does not keep her hands to herself and Child A's Mother has talked with Child A about how it is not nice to touch others. Child A's Mother questioned if the complainant possibly had named the wrong child because she has no reason to believe Child A has been spanked. On 05/09/2023, I completed an on-site inspection and first spoke with licensee designee, Karen Lake. A review of child care staff member 1 (CCSM1)'s file showed that she had a recent employee evaluation completed that found her to go above and beyond. There were no disciplinary actions in CCSM1's file, nor had there been any previous parent complaints. On 05/09/2023, I privately spoke with CCSM1 who has worked at the center since August 2021. CCSM1 was aware that the allegation is that Child B said that she spanked Child A. CCSM1 denies that allegation and has no idea where such an allegation would come from. She described Child A to be one who gets a lot of extra 1:1 attention from her. Child A will often sit in CCSM1's lap and is always near her. CCSM1 described her temperament with the children to be very calm and quiet. There has never been any previous employers, coworkers, or parents who have expressed any concern regarding her interaction with the children. On 05/09/2023, I privately spoke with child care staff member 2 (CCSM2) who has worked at the center for the last 4 years and currently in the same classroom with CCSM1. She is aware of the allegation made that CCSM1 spanked Child A. CCSM2 described CCSM1 to be quiet, patient, gentle and denied that she has ever witnessed her to spank a child. There has not been any child or parent who has come forward expressing any concerns about CCSM1. On 05/09/2023, I privately spoke with child care staff member 3 (CCSM3) who has worked at the center for the last 4 years and currently in the same classroom with CCSM1. When asked if she has ever witnessed CCSM1 spank a child, CCSM3 responded "absolutely not, she is the calmest, sweetest, most gentle person ever." CCSM3 described that Child A can does not sit still yet and needs extra assistance and CCSM1 will sit with her. Child A goes to CCSM1 and is not afraid of her. CCSM3 has not reason to believe that CCSM1 spanked Child A. On 06/20/2023, I privately spoke with witness 1. The allegation that was told to her by Child B was that CCSM1 spanked Child A. This was shared before the spring break vacation in March, however, witness 1 was not sure when it happened. Witness 1 stated that given the age of Child B and that she is very imaginative, she takes things "with a grain of salt." When witness 1 asked Child B questions, as to where, etc. Child B stated that one time it was in the house area. This gave witness 3 one the suspicion that it has occurred more than once. Witness 1 has met CCSM1 and said it is hard to believe that she would lay her hands on a student, since she is a calm and sweet person. I asked witness 1 why she waited from March until May to share the information, she indicated that it did not register in her mind to tell anyone, and that is her fault. She was initially ne

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  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 tim .....e ....s . .

  On 03/28/23, I spoke with Child A's Guardian and asked if she was aware of the incident involving Child A. Child A's Guardian indicated she was told the classroom lined up to go to the bathroom and Child A was hiding. When the class got to the bathroom, the child care staff members noticed that Child A was not with them. The lead caregiver was not in and there was a substitute. It was Child Care Staff Member (CCSM) 1 who informed her what happened. When Child A's Guardian asked Child A about her day, she responded, "it was good" and never said anything about it. The incident never came up in conversations and it was as if it never happened. Child A's Guardian does not have any concerns with Child A's care and supervision at the center, and stated it was the first time anything has happened. Child A's Guardian indicated there were new child care staff members in the class and she did not believe the incident negatively affected Child A. 2 On 04/3/2023, I privately spoke with CCSM1 who previously worked at the center for three years, left and returned in the fall of 2022. CCSM1 is the regular assistant caregiver in Child A's class, however on 03/22/2023, the lead caregiver was out for the day, and they had a substitute CCSM. CCSM1 assumed the lead caregiver duties for the day. All the children in this classroom are self-transport. When CCSM1 and CCSM2 brought the children in that morning, there were 12 children. A short time after, two more arrived at different times. CCSM1 described on the door to be a dry erase board where the number of children present is indicated. There is also the name to face chart that has a picture of each child, and they move their picture to the other side when they arrive at the classroom. CCSM1 reported that she usually monitors that as the assistant, but that day was busy with the lead duties. CCSM1 and CCSM2 lined the children up to go down the hall to the bathroom and kept counting 12. The number on the door was still 12 because it did not get changed when the additional children arrived. The class proceeded down the hallway to the bathroom. CCSM1 had the boys and CCSM2 had the girls. CCSM2 was leading the children, while CCSM1 was at the end of the line. Usually, they will stop and count the children again before they separate into the bathrooms, however CCSM2 was unaware of this process and walked the girls into the bathroom. CCSM1 shared that was not CCSM2's fault because as a substitute CCSM she did not know. CCSM1 noticed when CCSM2 came out of the bathroom she only had four girls, when she should have had five. CCSM1 knew immediately Child A was missing. CCSM1 went back to the classroom and Child A was hiding behind a doll high chair. CCSM1 then took Child A's hand and went back down to the bathroom to get the rest of the children. CCSM1 then informed former licensee designee, Sherry Beiser- Walter, of the incident and continued the with day with the children. She later talked to Child A's Guardian upon pick up and informed her of the incident. On 04/03/2023, I privately spoke with CCSM2 who has been working at the center for the last 8-9 weeks as she began working on 01/30/2023. She reported the morning started as usual after they were done taking their coats off they began to count the children while they were by the cubbies. They transitioned the children into the classroom where they sat on the run and started small group. Shortly after, another staff member opens their door and said we have a late one. The child then comes into the room; however, they did not change the name to face or count on the door as they were all still on the rug. Then another child comes in, who was crying and upset, and again name to face or count was not updated. Once they completed small group, CCSM1 and CCSM2 lined the children up to go to the restroom. The children stood on their paw print when they counted and CCSM2 counts 13 children. CCSM1 then changed the count on the board to reflect 13 children, howe

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 03/28/2023, I privately spoke with Child A's Mother who expressed concern that child care staff member 1 (CCSM1) grabbed Child A's arm during clean up time. This occurred on 03/20/2023 and the second time that Child A has said this has happened. The first time Child A reported this to her mother was in February 2023. Child A came home and said CCSM1 grabbed her arms during clean up time and demonstrated for her mother. Child A's Mother told Child A if it happened again to let her know, so when Child A reported this happening again, she contacted the center. Child A's Mother is trying to figure out why this has happened and would like it to stop. She wants to protect Child A and wants Child A to know that she will have the situation investigated. Child A's Mother did not want it to be a big deal, if CCSM1 was only trying to guide Child A, she just does not want it to happen again. Child A's Mother expressed frustration with child care staff member 3 (CCSM 3) when she contacted her with her concern. CCSM3 asked Child A's Mother what she 2 wanted her to do with the information and that maybe CCSM1 was trying to guide Child A and she took it the wrong way. Child A's Mother is not sure if Child A is telling the truth or not, so she wanted to bring it to the center's attention. Child A's Mother expressed that she does not want anyone fired. However, if Child A is not doing what she is supposed to be doing at the center, she would like to know so that it can be addressed at home. Furthermore, she would like for CCSM1 to know to not touch Child A, guiding her is fine. When I requested permission to forensically interview Child A, Child A's Mother declined. She stated that Child A is so little, has gone through a lot and she would not want her to think she was in trouble for coming to her. On 04/05/2023, I completed an on-site inspection and arrived at the center at 9:00 AM. I spoke with then licensee designee, Sherry Beiser-Walter, and viewed video footage of the classroom from 03/20/2023. In the classroom, CCSM1 was observed to be sitting by the reading area and the children were moving around the classroom for free choice time. CCSM1 leaves the room for a few moments and CCSM2 dims the lights and announces it is time to clean up. The children began to clean up and during that process a child is standing on a cubicle, and it falls. Several children run over to that area and CCSM1 comes back into the room and goes over to the cubicle area and assists the children with cleaning up. Child A is observed to assist in the clean-up and in that process CCSM1 is observed to touch Child A's sleeve on her arm to guide her. However, Child A does not move or seem to notice. Once clean up is complete, Child A goes to sit at the table. CCSM1 then comes over to Child A, puts her and on Child A's shoulder and says, "thank you for helping me clean up". The class then proceed with quiet time at the tables and CCSM1 is not hear Child A at all. On 05/09/2023, I completed an on-site inspection to speak with CCSM1 and CCSM2. CCSM1 reported that she was aware of the allegation, which was that she was holding Child A's arm. CCSM1 has no idea why Child A would say that she was in appropriately holding her. When the class transitions to the bathroom or outside, she will hold the child's hand and lead them. CCSM1 did see the video footage and was happy that it was still available because it verified that she has not done anything wrong. I asked CCSM1to describe her temperament and interaction with the children, and she described that "they are my life. I always treat the kids like they are my kids/grandkids and I try to meet their needs." CCSM2 indicated that she was made aware of the allegation against CCSM1 and was shown the video. CCSM2 denied witnessing CCSM1 be inappropriate with Child A or any other children. CCSM2 also did not recall there being any type of an incident with Child A or CCSM1 that could have been misconstrued by Child A. Child A is desc

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  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. 4

  I completed an on-site inspection on 03/08/2023 and first met with the now former licensee designee, Sherry Beiser-Walter, to view the video footage of the incident. The video shows that 14 children were present with child care staff member 1 (CCSM1), child care staff member 2 (CCSM2), and a Great Start Readiness Program (GSRP) specialist who was present doing classroom observations. The following timeline was observed on the video: • 9:43:26: The children started lining up. • 9:43: 31 Child A runs to the house area CCSM1 nor CCSM2 were aware that Child A had went to house area. • 9:44:00 Child A hides under the table. • 9:44:50 The class proceeded to go out into the hallway. • 9:45:09 Last person out of the room. • 9:45:23 Child A comes out from under the table. • 9:45:33 Child A comes out of the classroom into the hallway. • 9:45:43 Child A goes back into the classroom. • 9:45:52 Child A goes back into the hallway. • 9:46:05 CCSM3 sees Child A in the hallway. • 9:46:34 CCSM1 counts the children and realizes that one child is missing. • 9:47:24 CCSM1 comes back upstairs for Child A. I then privately spoke with child care staff member 3 (CCSM3), who found Child A in the hallway. CCSM3 was standing in the bathroom doorway as she was waiting for another child when she noticed Child A. CCSM3 knew Child A and what class he was in. She asked him where his class was and he said, "I don't know." Child A was teary eyed at the time, but not crying. CCSM3 told Child A to stand by her and shortly there after CCSM1 came though the double doors to get Child A. I then privately spoke with CCSM2 who indicated she did not see Child A get out of the line before they left the classroom. It was when the class got downstairs and CCSM1 counted the children and realized there were only 13, when they should have had 14 children. CCSM2 stated that she was a substitute assistant in the room that day. I asked CCSM2 what the transition policy is, and she described the need to count as transition through every door. However, on 03/07/2023 they counted the one time when they lined up and had 14 children. She admitted that they did not count once they were transitioning down the hallway. The lead teacher and assistant are both supposed to be count and check their counts to ensure they have the same number. I asked CCSM2 if the transition process also includes a name to face count. She indicated that a name to face count is done in the morning when the children come in, when they transition outside, or to the gym. CCSM2 admitted that also did not occur on 03/07/2023. 3 On 03/09/2023, I spoke with Child A's Father. Child A's Father reported that the center contacted him and informed him of the incident. Child A's Father did not have any concerns regarding the care or supervision his son receives while at the center. He indicated that Child A tries to hide from them in the store, so believes the child care staff members when he heard he was hiding in the house area. Child A has returned to the center. I then spoke with CCSM1 on 03/09/2023. She recalls that when the class was getting ready to line up, Child A was sitting in front of her on the carpet. There was another child who was displaying some behaviors that she was focusing on as they lined up. CCSM1 was at the front of the line. She led the class out the door and began walking backward down the hall. It was in that time Child a left the line and went to the back corner of the room. The typical assistant was not present that day and is the one who would do the visual scan of the room before leaving. CCSM1 shared that she should have double checked the room and done a last scan. However, she was focused on the other child displaying behaviors and was concerned about him escalating. CCSM1 relied too much on CCSM2, who was a substitute assistant in the room that day. Additionally, CCSM1 and CCSM2 did not check with each other on counts as they transitioned. When CCSM1 began counting as they reached downstai

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 01/20/23, I privately spoke with licensee designee, Sherry Beiser-Walter. She confirmed that child care staff member 1 (CCSM1) and child care staff member 2 (CCSM2) were terminated on December 15, 2022. CCSM1 has been employed by the licensee since he was 16 years old. He left and came back a few times and returned in August 2022 when something was different about him. His patience tolerance was lower, and it was not clear what was going on with him personally. Child care staff members had concerns with CCSM1 raising his voice, the tone of his voice, and yelling. I asked Ms. Beiser-Walter who brought forth the concerns regarding CCSM 1 and CCSM2; she was not sure and would need to find out. They were concerned because they had never seen that side of him. No one had made an allegation of inappropriate contact, which is why it was not reported to licensing. Ms. Beiser-Walter watched the video from 12/14/2022 and witnessed CCSM1 slamming his hand on the table and raise his voice because the class was lining up to go to the bathroom and a child would not get in line. It was felt that CCSM1 was escalating, and they did not want something to happen and decided that he needed to be terminated that day. Besides CCSM1 slamming his hand on the table and raising his voice, Ms. Beiser-Walter denied witnessing anything else concerning or inappropriate in the video. Ms. Beiser-Walter also denied witnessing anything inappropriate or concerning regarding CCSM2. There is no longer a video from 12/14/2022 or 12/15/2022 because it is only maintained on the server for 30 days. Regarding CCSM2, she was employed from August 2021 to December 2022. There have not been any complaints or concerns expressed about her interactions with the children. Ms. Beiser-Walter reported there were issues with CCSM2 not wanting to do things that were asked of her. The center had to put cleaning plans in place with CCSM2 last year because she did not think cleaning was part of her job. I then asked why CCSM2 was terminated, and Ms. Beiser-Walter relayed that when they terminate one teacher in the classroom, they terminate both because they should have reported what they witnessed. n I completed an unannounced, on-site inspection on 01/23/2023 and spoke with Executive Director, Melinda Johnson. She explained that CCSM1 has left and returned employment with the center three separate times. He had a previous position in a behavior management program and begged to come back to BWCA. Staff begged for him to come back. Ms. Johnson reported to being reluctant but rehired him because he had left employment a couple times previously. CCSM1 came back in Fall of 2022. When asked about concerns with regards to CCSM1 and the children, Ms. Johnson recalls a time when she was walking by and CCSM1 and his class were returning from the gym. She described the tone of his voice to be stern, so she went back to the area and watched him. He was not yelling, but very stern and it caught Ms. Johnson by surprise. The center was focusing on transitions and enforcing name to face counts. She had to do a gentle reminder to CCSM1 at this time because he did not do that. There was a second time that CCSM1 was in the bathroom, and she heard him and felt his tone was stern. She listened, he stopped and was fine. She did not address this issue with him. Ms. Johnson admitted that CCSM1 had a challenging class, however he did not ask for help. On 12/15/2022, someone went to program director, Stephanie Kesner, out of concerns regarding CCSM1 and told her she should watch video from CCSM1's room. At that time, licensee designee, Sherry Beiser-Walter, program director, Stephanie Kesner, and children services associate director, Pam Sommerville, watched the video. They came to get her to view video. Ms. Johnson viewed the video and reported that she witnessed CCSM1 and CCSM2 to constantly be on their phones, she heard CCSM1 be stern and yell at the children. Then she heard and saw CCSM1 slam his hand

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 01/20/2023, 1 privately spoke with Ms. Beiser-Walter regarding the allegation. She reported the center had started sending out emails to all child care staff members when a staff is terminated so that they are aware should the individual come back into the building. This is done as a safety measure; however current child care staff members are upset and do not understand that they cannot be told why an employee has been terminated. CCSM1 has been an employee for many years and current staff want to know what happened. On 02/01/2023, 02/02/2023, and 02/06/2023 additional complaints were received by the department. All three complaints were anonymous, but the additional information provided the names of child care staff members who may have more information. On 02/07/203, I contacted Ms. Beiser-Walter and asked if there had been any other incidents separate from the one with CCSM1 and CCSM2. I informed her that additional complaints have been made on this issue. After she viewed CCSM1 22 hitting his fist down and yell, she took that information to Melinda Johnson. She denied what she observed in the video was abuse by CCSM1. She did not go back to look at additional video and realizes now that should have happened. She did not do what she should have or normally does with regards to viewing video. She described there to be just so many different "fires to put out" and after the situation was handled with CCSM1 she went onto the next issue. When asked how she became aware of the need to view the video footage, Ms. Beiser-Walter indicated that it was CCSM5 who informed CCSM3 about the video. CCSM3 then went to program director, Stephanie Kesner, and informed her of the video. I asked again about the video and if it was still able to be viewed. Ms. Beiser-Walter explained that the retention is 30 days. When classroom 14 was shut down, it is now off the system. I requested that she check with the technicians who monitor the video to see if the video from that room can be recovered. Ms. Beiser-Walter provided me with the contact information for additional child care staff members as requested. On 02/07/2023, I privately spoke with CCSM3. CCSM3 indicated that she found a little sticky note on her desk at the end of the day on 12/14/2022. The note said to look at the cameras for room 14. CCSM3 did not know who left the note, there was no name. CCSM3 assumed the individual wanted to remain anonymous because she did not recognize the handwriting. The note did not say why to look at the cameras. On 12/15/2022, she reported that she information to program director, Stephanie Kesner, who is her supervisor. CCSM3 told Ms. Kesner what the note said. Ms. Kesner thanked her for letting her know and that she was going to inform her supervisor, children services associate director, Pam Sommerville. CCSM3 was not aware of what happened after she took the note to Ms. Kesner because she left her office. On 02/08/2023, I privately spoke with CCSM5 who reported to having witnessed multiple incidents on 12/14/2022, the day that she reported concerns to her supervisor, CCSM3. CCSM3 met with CCSM5 and program director, Stephanie Kesner on 12/15/2022 to explain what she witnessed in the classroom. CCSMS reported that she gave graphic details and physically demonstrated what she witnessed. CCSM5 reported that Ms. Kesner and CCSM3 both took notes. CCSM5 recalls Ms. Kesner stating, "we may have to reprimand him." After the meeting on 12/15/2022, CCSM1 and CCSM2 were terminated later that day. CCSM5 was later pulled out of a classroom by CCSM3, and she began questioning her about who she told about what she witnessed. CCSMS responded that she did not tell anyone because she did not want people to despise her. CCSM3 questioned her over and over about who knows about what happened. CCSM3 told her to be quiet because if it were found out they would lose their jobs. CCSMS asked CCSM3 if she saw the video, and she said no. CCSM5 was told by CCSM3 that Ms. Kesne

• Violation

  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 21 children, the department shall deny that application or revoke that licensee's license according to section 11. (b) "Conducive to the welfare of the children" means: (i) The service and facility comply with this act and the administrative rules promulgated under this act. (ii) The disposition, temperament, condition, and action of the applicant, licensee, licensee designee, program director, child care staff member, and member of the household promote the safety and well-being of the children served.

  CCSM1 is not conducive to the welfare of children based on him utilizing inappropriate discipline methods. He has been observed to grab children by their arms and forcefully whip them around and holding their shoulders to push them forward to the ground. CCSM1 has also been observed to hold the face of children and yell at them. CCSM1 admitted to the allegations made against him and that he has been stressed out and should have walked away but was afraid of letting people down. As the result of the allegations, CCSM1 has been charged and found I guilty of child abuse, assault, and battery.

  Open Not marked corrected in the state record

  Category: physical safety. Open / not marked corrected.

• Violation

  ......................................................................... ............. MCL 722.120 Investigation, inspection, and examination of conditions, books, records, and reports; access by department, bureau of fire services, or local authorities; records; report; forms; confidentiality; disclosure of information; availability of confidential records; child information cards to be provided to department; failure of licensee to cooperate with investigation, inspection, or examination. (1) The department may investigate, inspect, and examine conditions of a child care organization and may investigate and examine the books and records of the licensee. The licensee shall cooperate with the department's investigation, inspection, and examination by doing all of the following: (c) Providing accurate and truthful information to the department, and encouraging witnesses, such as staff and household members, to provide accurate and truthful information to the department. 33

  During the investigation CCSM3 and program director Ms. Kesner indicated that an anonymous note was left regarding the need to watch video. CCSM3 and Ms. Kesner informed this consultant that they did not know who left the note or any further details about what they were looking for in the video. During the investigation, it was discovered that CCSM3 and Ms. Kesner always knew that CCSM5 had left the note. CCSM5 also met with CCSM3 and Ms. Kesner to physically demonstrate the ways in which CCSM1 would physically put his hands on the children. CCSM3 and program director Ms. Kesner later admitted that they had lied because CCSM5 had wanted to remain anonymous.

  Open Not marked corrected in the state record

  Category: recordkeeping. Open / not marked corrected.

• Violation

  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. (b) "Conducive to the welfare of the children" means: (i) The service and facility comply with this act and the administrative rules promulgated under this act. (ii) The disposition, temperament, condition, and action of the applicant, licensee, licensee designee, program director, child care staff member, and member of the household promote the safety and well-being of the children served. 34

  CCSM2, CCSM3, CCSM14, and Stephanie Kesner are not conducive to the welfare of children due to the lack of action taken with regards to their mandated reporting requirements. CCSM1 has admitted to the allegations and that his actions crossed the line from inappropriate discipline to child abuse in December 2022. CCSM2 is non-conducive to the welfare of children since she admitted to observing inappropriate discipline methods by CCSM1 and did not report it. CCSM2 was in the classroom, daily from September 2022 to December 2022. CCSM2 was aware of her mandated reporting requirements and admitted that she failed to protect the children by her inaction. CCSM3 is non-conducive to the welfare of children since she failed to report the inappropriate discipline concerns with CCSM1 on 12/14/2022. CCSM3 is the first line of supervision and was provided with dates and times to view video, as well as physically shown how CCSM1 grabbed children. CCSM3 did not view the video. CCSM3 admitted it was her job to advise her staff to contact _ if they came to her expressing concerns. CCSM3 did not advise CCSM5 to report her concerns to after she came to her, and she was not sure why. CCSM3 is aware of her mandated reporting requirements and her inaction placed children at risk. CCSM14 is non-conducive to the welfare of children since she failed to report the inappropriate discipline, she witnessed in the classroom with CCSM1. Program director Ms. Kesner is non-conducive to the welfare of children since she failed to report the inappropriate discipline concerns with CCSM1 on 12/14/2022. Ms. Kesner was provided with dates and times to observe video and admitted to watching bits and pieces, but not the entire day of footage of the dates provided. Ms. Kesner indicated that she did not observe anything inappropriate on the video other than CCSM1 slamming his hand down and being disengaged. However, on the day that CCSM1 and CCSM2 were terminated, Ms. Kesner sent a text that stated "those people didn't see that!! If it were their children or grandbabies, they would be changing their tune. You and I both know they deserved to be fired. That was some shit you see on the 6 o'clock news!!" Ms. Kesner reported that she has worked at the agency for approximately 30 years and 35 aware of her mandated reporting requirements. As a supervisor, Ms. Kesner would be instructing any staff to report concerns that they observed. Ms. Kesner did not report concerns to _because she maintains that she did not witness anything inappropriate. However, she did not instruct CCSM5 to follow mandated reporting protocols. Ms. Kesner's inaction placed children at risk.

• Violation

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

  An allegation of inappropriate contact between CCSM1 and children in the classroom was made on 12/14/2022. The licensee, licensee designee, nor program director notified the I department or parents of the children involved.

  Open Not marked corrected in the state record

  Category: health medication. Open / not marked corrected.

• Violation

  R 400.8113 · .......... ..................................................................................................... R 400.8113 Program director qualifications; responsibilities. ........................................ ... (3) All program directors are responsible for the general management of the center, including the following minimum responsibilities: (a) Developing, implementing, and evaluating program and center policies. (b) Administering day-to-day operations, including being available to address parent, child, and staff issues. ....... ............... (c) Monitoring staff, including an annual evaluations.

  The center's identified and approved program director, Ms. Kesner, admitted that she is aware of licensing processes however does not conduct observations or evaluations in the classrooms. Ms. Kesner reported to not being all that familiar with licensing rocesses.

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R400.8125 · R400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times. .......................... .............. ... ........... ......

  Appropriate care and supervision were not used with Child A when CCSM2 rolled Child A off her cot, onto the floor, in an effort to wake her at the end of naptime.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 09/27/2022, the center submitted an incident report with the allegations detailed above for this investigation. Additional information noted by licensee designee, Sherry Beiser, in the incident report stated that attempts were made to view the video footage; however, the system is working sporadically. Ms. Beiser reported that she was able to view the video as good as it would allow, and she did not see anything out of the ordinary. On 09/27/2022, I contacted Child A's Mother by telephone and left a message. On 11/14/2022, Child A's Mother left me a voice mail message. I returned her call on 11/15/2022 and privately spoke with her. I shared with Child A's Mother, that I had contacted her back on 09/27/2022 when the center reported the incident to the department. Child A's Mother stated that she was aware and apologized for just calling now. Child A's Mother wants to be sure that the situation was not being overlooked. Child A reports that she still sees the "lady" every day but does not speak to her. Child A does not know her name. Child A's Mother can only go off what her child is saying, and she is concerned that there are so many people in and out of the classroom. When she has asked who this person is, nobody can seem to tell her. Child A's Mother denied that Child A has had any marks. When she asked about this situation of the child care staff member, Jenifer Hahn, or the family advocate, Tara Vicencio, she is not receiving a call back. Child A's Mother heard from another parent that their child was smacked and that it is currently being investigated by the department and want to be sure that this situation is not being swept under the rug. Conferences are this week, and she will be asking about this situation. I informed Child A's Mother that I would contact the licensee designee regarding her concerns. On 11/16/2022, I forward Child A's Mother's above concerns to licensee designee, Sherry Beiser. A special investigation was opened on 11/18/2022, based on Child A's Mother's continued concerns and the department's need to interview child care staff members. A telephone call with Ms. Beiser took place on 11/18/2022 explaining that a special investigation has been initiated. 3 On 11/22/2022, Ms. Beiser shared with me that she had spoken with Child A's Mother on 11/21/2022 and felt that the conversation went well. Child A's Mother was okay and glad that Ms. Beiser had reached out. On 11/29/2022, I completed an on-site inspection from 9:00 AM to 12:00 PM. I first spoke with licensee designee, Sherry Beiser. She believes that "lady" that Child A is referring to is child care staff member, Carrie Anderson. Ms. Anderson has been employed by the center since 2003 and does have long nails and wears rings. Ms. Anderson's main role is a relief aide and provides breaks and lunches to the teachers in the classrooms. However, Ms. Anderson was in Child A's classroom all day (9/22/2022) as a sub. The lead caregiver, Jennifer Hahn, is currently out on leave. Ms. Beiser reported that no other parent, or child care staff members have expressed concerns regarding Ms. Anderson. Although the center does have cameras in the classrooms, there have been issues with reviewing footage. The video will cut in and out and sometimes does not work at all and is very sporadic. Ms. Beiser attempted to view video and from the parts that she was able to view, did not view anything out of the ordinary. A review of Ms. Anderson's file showed that there have not been any previous write-ups or disciplinary action against her. On 11/29/2022, I then spoke with child care staff member/family advocate, Tara Vicencio. It was Ms. Vicencio that received the call from Child A's Mother expressing concerns and sharing what Child A had said. Ms. Vicencio indicated that the information in the incident report, which ultimately became the current investigation allegations, is the information that Child A's Mother shared with her. Ms. Vicencio took the information from Chi

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

• Violation

  R400.8125 · R400.8125 Staff; volunteer; requirements ...................................... ..... (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

  On 10/21/2022, I privately spoke with Child A's Mother. On Monday, 10/17/2022, Child A had a bite mark on his arm. Child care staff member, Raquel Congemi, told Child A's Mother about it, but did not write up an incident report because there no mark when she looked. Child A has been picked up before with marks and scratches with no note in regard to what has happened. She has received one accident report from a few weeks ago and has a voice mail message from the biting on Monday, 10/17/2022. Although, Child A's Mother reports to being notified and informed of marks at pick up, she also knows that accident reports are important. She has asked twice for a written report from Monday's incident and still has not received one. On 10/25/2022, I privately spoke with Raquel Congemi who denies there have been any other times that parents have not been informed of any written incident reports. There have only been two incident reports involving Child A. One was completed by Sarah Weaver and Ms. Congemi recalls Child A's Mother being upset because she could not read the carbon copy. Ms. Congemi completed the second incident report. On 10/26/2022, I conducted an on-site inspection and spoke with licensee designee, Sherry Beiser. Ms. Beiser indicated that the center utilizes the Remind App which allows for the child care staff members to easily communicate with the parents. I reviewed Child A's file, which contained two incident reports. The first was from 09/27/2022 and was completed by Sarah Weaver. The incident stated that before lunch another child bit Child A's finger. There was a very small scratch on the right 3 index finger. The second incident report was dated 10/17/2022 and completed by Ms. Congemi. The incident took place on playground #3 at 10;00 AM. Child A was playing with the pirate wheel on the play scape and another child want to use it and bit Child A on the arm. Child A was bit on the left forearm. The skin was not broken, nor was there a mark because he was wearing a light jacket. Child A's Mother was notified by Remind App @10:06 AM. I also reviewed the conversations between the center and Child A and B's Mother. Regarding the 10/17/2022 incident, the Remind App documented that Ms. Congemi sent Child A's Mother a message regarding the above incident. Child A's Mother responded "oh my goodness..what a Monday. Did he have a meltdown?" Ms. Congemi responded "lol-no he calmly handed the entire situation." Child A's Mother responded "wow! What to go little dude! That's good!" The Remind App documented numerous conversations between Ms. Congemi and Child A and B's Mother, as well as Child C's Mother. The conversations documented that Ms. Congemi maintained frequent contact with the children's mothers regarding various situations, asking questions, and provided pictures.

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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 10/21/2022, I privately spoke with Child A and B's Mother. She described Child A as having a hard time leaving her and going to school. Every time Ms. Congemi is there, he has a complete meltdown. Ms. Congemi was not there Tuesday (10/18/2022) or Wednesday (10/19/2022) and was he fine. On 10/18/2022, Child A said, "Ms. Raquel is mean." He said "mom, she hit me" and Child B spoke up and said, "yea mom, she hit him." Child A and B are in the same classroom. Ms. Congemi was not there on 10/18/2022 but was on 10/17/2022. Child A then showed mom what Ms. Congemi did by hitting his hand over his face. Child A then said, "I think she was frustrated." Child A and B's Mother was not sure how 4 much was true, but when they got home, Child C's Mother called and told her the same happened to Child C. Child A and B's Mother called the school on 10/18/2022 and spoke with child care staff member, Sarah Weaver, who reported that she had not seen anything inappropriate. Child A and B's Mother then called and left a message with Jennifer Armstrong, a supervisor, who called her back and said would look into it. According to Child A and B's Mother, Child A is terrified of Ms. Congemi and will not physically go with her. Child A loved attending school last year. Initially Child A and B's Mother thought he was having a more difficult time this year due to separation from her or medicine that he is on. However, it does not seem like that anymore. Child A and B's Mother's concern is because it is more than just her child who explained the same scenario. She reported to not have had any concerns with Ms. Congemi, just that she "gives off a weird vibe." Child A and B's Mother thought that was just do her being new to the center. She was not concerned that Ms. Congemi would hurt Child A. On a weekly basis, when she picks Child A up from school, Ms. Congemi will tell her how bad Child A was. Child A and B's Mother does not understand what the difference is with his behavior there. Ms. Congemi will say "Child A was terrible or really bad today." Ms. Congemi told her one time, that she had to correct Child A because he was trying to run so she had to grab and re-direct him. Child A & B's Mother feels that it cannot just be just Child A having difficulty with Ms. Congemi since there are multiple children crying in that classroom. Child A and B have remained enrolled in the center as their mother indicates that she does not have another option for child care at this time. She will not feel totally comfortable sending them until she is able to find exactly out what has happened. The children do love it there and the other teachers, especially Sarah Weaver. Child A and B's Mother is being extra cautious and since Child A has a lot of medical issues, she is trying to keep school a constant for him. However, he goes to school upset every day, but Child B is fine, and she sits with Ms. Weaver. She wants her children to feel safe and if the allegations pertained to just Child A, she probably wouldn't think much of it. On 10/21/2022, I privately spoke with Child C (3-year-old, female) Mother. Child C has been enrolled in the center since 9/6/2022 and attends Monday to Thursday. On way home from school on Tuesday, 10/18/22, Child C's Mother asked Child C if she liked Ms. Weaver because she seemed more perky and happy because Ms. Congemi was not there that day. Child C said no, I like Ms. Weaver. When asked why she did not like Ms. Congemi, Child C said because she hit me. Child C's Mother looked at Child C's face and she had a straight look on her face and said, "yea mom." That was it, she did not say when she was hit or where hit. This is Child C's first year in school and her speech is not fluent. Child C's Mother has not noticed any marks on her daughter but added that she had not thought to look for them. 5 I asked Child C's Mother if she had any previous concerns. She shared that the first day dropping off at school was tough. On the second day of school, he

• Violation

  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 02/11/2022, I received a telephone message and email from Sherry Beiser- Walter, licensee designee of Blue Water Community Action Early Childhood Center. Ms. Beiser-Walter was unable to reach her licensing consult to make a timely report of an incident that occurred on 02/10/2022. Ms. Beiser-Walter attached a copy of the incident report to the email. Per the information contained in the incident report and Ms. Beiser-Walter's email, on 02/10/2022, Child A was left in the stairwell unsupervised for about 11 minutes. The child care staff member, Kara Borders, counted five children instead of six and Child A was left unsupervised until another child care staff member found him. Child A's Mother was informed of the incident and Ms. Borders was released from employment. On 02/15/2022, I emailed Ms. Beiser-Walter that a special investigation was opened based on the events in the incident report. On 02/15/2022, I conducted a telephone interview with Child A' Mother. Child A's Mother confirmed that she was notified in a timely manner that Child A had been left in the stairwell. Child A's Mother was informed that a child care staff member, she was not sure of the child care staff member's name, was walking Child A and his class upstairs and Child A was "straggling" behind the others. The child care staff member did not check to make sure she had all of the children and when she closed the stairwell door, Child A was left in the stairwell. Child A's Mother thought Child A had been left unsupervised for "about 15 minutes" before being found by another child care staff member. Child A's Mother was satisfied with the way the incident was handled and denied any prior concerns regarding care and supervision or the overall quality of the program. She was informed that the child care staff member who left Child A in the stairwell was fired. Child A's Mother was concerned that Child A may have been 3 hanging over the rails or been seriously injured. Additionally, Child A "is a runner" and "they got lucky" he did not run. Child A's Mother asked if she could see the video of Child A in the stairwell. She was denied the request by the center. I explained that the decision to release videos was up to the center, however I would relay her request to the licensee designee to view the video. On 02/15/2022, I conducted an unannounced onsite inspection at Blue Water Community Action Head Start. I met with Stephanie Kesner, program director, Pam Sommerville, Children's Services Associate Director and Melinda Johnson, Executive Director of the Blue Water Community Action Agency. They showed me the entrance where the children enter at arrival and the stairwell leading to Child A's classroom. The stairwell is a large and open with fire safety doors that require a card swipe at the top of the stairs. During the onsite inspection, the stairwell was heated and comfortable. Ms. Kesner, Ms. Sommerville and Ms. Johnson explained that there was a video of the incident and in the video, Ms. Borders is heard saying "I've got five" when walking the children through the doors at the top of the stairwell. There were six children in Ms. Borders' care at the time. Child A was walking slowly and was behind the rest of the class. Since the classroom times are staggered, Child A was not found in the stairwell until the next child care staff member, Amy Erickson, went out to get her class and found Child A by the doors. Child A was reportedly calm and not distressed when found by Ms. Erickson. Ms. Border was not interviewed by management after the incident because they had observed what happened on the video and she was released from employment the same day as the incident. Ms. Borders later informed the human resource department that she was "feeling stressed and was overwhelmed." I relayed to Ms. Kesner, Ms. Sommerville and Ms. Johnson that Child A's Mother had requested to view the video. I explained that Child A's Mother had feared the worst and she felt her mind coul

  Open Not marked corrected in the state record

  Category: supervision. Open / not marked corrected.

• Violation

  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.

  I On 09/17/2021, I privately spoke with licensee designee, Sherry Beiser, who indicated that Child A was picked up by a relative on 09/15/2021 at 1:20 PM. Ms. Beiser reviewed the video cameras and it was found the child care staff member, Carol Willett, was helping Child A out of the sandbox. 2 Child A tripped stepping down off the sandbox. The video shows that Ms. Willett was not aware that Child A had tripped because she was looking the other way while putting the cover on the sandbox. I spoke with Child A's Mother on 09/17/2021 who indicated that she did not witness the incident and was informed of this by her sister-in-law who picked up Child A. Child A's Mother stated that she informed the center of the information because it is just hearsay to her. When she asked Child A what happened, her response was "well, I was not listening, so she had to." We discussed how the center has video cameras that do record the outside area. Child A's Mother would like to be able to review the video footage. Currently Child A remains enrolled in the center. An on-site inspection was made to the center on 09/24/2021 at 10:00 AM. I met with licensee designee, Sherry Beiser and viewed video footage from 9/15/2021. The video starts with Ms. Willett and the children going outside to the playground at 1:03 pm. At 1:08 video stops and starts back up at 1:11. Ms. Beiser indicated that when there is not a lot of movement, recording stops which is the reason for the breaks in time. At 1:21 pm, child care staff member, Carol Willett, is observed helping Child A out of the sandbox by holding her hand. As Ms. Willett lets go of Child A's hand, she then reaches with her other hand to grab the sandbox cover. Child A then steps out of the sandbox, trips, falls, gets back up, and then runs to line up with the other children. Child A does not appear to be hurt in any way and is not observed crying. Ms. Willett was not looking in the direction of Child A when she fell and does not appear to notice that she tripped. The video footage is not consistent with the allegation that Ms. Willett "grabbed Child A so hard that she did not have time to stand and fell." I also viewed the sandbox and outdoor play area, which is fenced in. The sandbox is square in shape, the edge is made by two large, round logs stacked on top of each other. There is a blue and black tarp that covers the sandbox area. I privately spoke with child care staff member, Carol Willett on 09/24/2021 who has been working at the center for the last 20 years. Ms. Willett indicated that on 09/15/2021, she took the children outside from 1:00 pm to 1:30pm. Nothing out of the ordinary happened that day. When it was time to line up, she was helping get the children ready. It was their 2nd day playing with the sandbox, so it was a big deal for the children to be playing in there. Ms. Willett helped one child out of the sandbox and went to go cover it, and Child A was still sitting there. Ms. Willett helped Child A up by holding her hand and after she stepped off the top log, she tripped and fell. Ms. Willett was not aware at that time that Child A had tripped because was putting the top on. Ms. Willett felt badly about it and noted that it takes time for the children to get their balance and Child A was not used to the edge. As far as Child A not listening, Ms. Willett described that as common for the 3year old children and that they need more guidance. 3 Ms. Willett reiterated that nothing stood out about Child A not listening or having a rough day. However, it stood out to her that Child A told her mom that she was not listening because Child A is soft spoken and has only said a few words. Ms. Willett was impressed to hear that Child A put that type of a sentence together. After Ms. Willett covered the sandbox, the children lined up along the side of the building to go inside. Child A did not say anything to Ms. Willett about falling. Ms. Willett was not at the center when Child A got picked up because

  Open Not marked corrected in the state record

  Category: ratio. Open / not marked corrected.

Child A comes home every other day with bite marks, but his parent has only received one written incident report. Child A (3-year-old, male) has been hit in the face by his caregiver.

Disposition: Substantiated

The center self-reported that on 02/10/2022, Child A (4-year-old male) was left unsupervised in a stairwell by a child care staff member. Child A was found about 11 minutes later by another child care staff member.

Disposition: Substantiated

The center self-reported that on 09/15/2021, Child A (3-year- old, female) was picked up by a relative who indicated they witnessed a child care staff member grab and pull Child A so hard, that she fell getting out of the sandbox.

Disposition: Substantiated