Little Explorers Learning Center

R 400.8222(12) · R 400.8222(12) Capacity; ratio and group size requirements (12) Group sizes for all ages may vary during outdoor play only if the center maintains the child care staff member to child ratios required by this r ule.

The child care center was in ratio on 9/11/2025 at 4:30 pm based on attendance records and interviews with licensee designee Cristin VanderMolen-Muniz and lead teacher 3.

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R 400.8280(2)(a) · R 400.8280(2)(a) Discipline (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, o r inflicting other forms of corporal punishment.

Licensee Designee Cristin VanderMolen-Muniz provided appropriate discipline to Child A based on her interview, interviews with parents, and review of the discipline policy.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

Lead Teacher 1 and Licensee Designee Cristin VanderMolen-Muniz did not provide appropriate care and supervision when they yelled at each other in front of children in care based on interviews with licensee designee Cristin VanderMolen-Muniz and lead teacher 2.

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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.

CCSM 1 has provided appropriate discipline to Child A.

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

CCSM 1 has acted in a manner conducive to the welfare of children.

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R 400.8131(12) · R 400.8131(12) Professional development requirements. When the department of licensing and regulatory affairs or the department of education publishes a notice that a new health and safety update document or a new health and safety update training activity has been published on MiRegistry, the licensee shall ensure that all personnel read and acknowledge the document or complete the activity within 6 months of the notice. Bureau

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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.

I conducted an unscheduled on-site inspection on 03/13/2023. During the inspection I interviewed Child Care Staff Members (CCSM) 1, CCSM 2, CCSM 3, and CCSM 4. CCSM 1 explained that she works in the older toddler room. In the morning, when the number of children present is low, the older toddler and young toddler rooms are consolidated. On 03/10/2023, she was working with the two rooms consolidated. The "kids were all screaming". She told everyone "sshhh" and "tapped" Child A on the cheek and said "sshhh" with her finger at his mouth. She did this "probably a couple of times". CCSM 1 and 2 were present in the building at the time. No parents were present. Someone told Program Director Cristin Muniz about the matter and Ms. Muniz then spoke with CCSM 1. CCSM 1 said that she knows she should not have done what she did. CCSM 2 said that she was talking to CCSM 1 while Child A was "doing a scream thing, like toddlers do". CCSM 1 gave him a "pop on the mouth" and told him to stop. CCSM 2 then walked away and asked CCSM 3 if she saw what happened. CCSM 3 said yes. CCSM 2 then went to the infant room. A short while later, CCSM 3 came to her and said that CCSM 1 had "smacked Child A on the hand". CCSM 3 said that she saw CCSM 1 "hit" Child A once on the mouth and once on the hand. Child A likes to do a "high pitched screech". He does it along with another child in the room. CCSM 3 described it as a "playful screech". They were both doing it and CCSM 1 was "irritated". CCSM 4 was not working on 03/10/2023 so she did not have any first-hand knowledge of the incident. I interviewed Ms. Muniz over the telephone on 03/17/2023. She had left the center to take her own child to school the morning of 03/10/2023. When she returned, CCSM 3 told her that CCSM 1 had hit Child A. Ms. Muniz spoke with CCSM 1 about the matter and CCSM 1 told her that she "patted his face and said sshhh". Ms. Muniz said that CCSM 1 has worked for her for three or four years with no concerns. On 03/23/2023 a second complaint came in stating that CCSM 1 is "rough with kids" and that she called one a name. At this time the became involved. 4 On 03/24/2023 and I attempted a telephone call tot e second complaint source. We left a voice mail message requesting a return call We never received a return call. and I called Ms. Muniz together on 03/24/2023. Ms. Muniz did not have any knowledge of CCSM 1 being physical toward a child, other than what she and I had already discussed. She did not have any knowledge of CCSM 1 calling any child anything inappropriate. questioned Ms. Muniz about other staff members that work at the center that could have witnessed something. Ms. Muniz spoke about CCSM 5, who cleans and does dishes. Later on 03/24/2023 contacted me to say that she had interviewed Child A's Mother. Child A's Mother was aware of the allegations, as Ms. Muniz had told her. She said that she has no concerns that anything is happening. Child A started going to the center in October 2021. She had an older child that went there too. She has had "nothing but great experiences" at the center. She called CCSM 1 "kind", "welcoming" and "great with children". Child A's Mother denied ever seeing any suspicious marks on Child A. On 03/28/2023 and I conducted an on-site inspection together. During the inspection we interviewed CCSM 1 and CCSM 6 and we spoke again with Ms. Muniz. CCSM 1 restated what she told me about the incident with Child A. CCSM 1 denied being rough at any other time with any children. After some questioning by CCSM 1 talked about a time that Child B was "screaming and running iaround". In order to catch him, she had to "grab" him. After she grabbed him, she put him in a chair. She did not think she was forceful or inappropriate in any way, but she could see where someone else might think that she was. CCSM 1denied calling any children a name. CCSM 6 has worked in the same room with CCSM 1 for five years. She has no concerns about CCSM 1 or the care she provides.

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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 interviewed CCSM 1 and CCSM 6 together. Neither of them had any knowledge of Ms. Muniz, or any other child care staff member, holding any children on their cots during nap time. CCSM 2 said that she has seen Ms. Muniz hold Child B on his cot somewhere between five and ten times. She holds him while he "screams and cries", "until he falls asleep". While Child B is on his cot, Ms. Muniz lays next to him, on her side, and leans over him, with her body on one side of Child B and one arm on the other side. CCSM 2 has seen Ms. Muniz do this with Child C one time, on 03/07/2023. CCSM 2 showed me a video of Ms. Muniz holding a child on his cot, as described. Ms. Muniz's lower body was on the ground while her upper body was upright, with her chest and arm over the child. She was not on the child, but over the child. CCSM 3 has not seen Ms. Muniz, or anyone else, hold any children on their cots. Child B naps in the kitchen area, away form the other children, because he "yells and cries" at nap time. This is a normal, everyday nap experience with him. If he allows it, CCSM 3 will pat Child B on the back at nap time. Sometimes he will get up and walk away from him cot. If he does, she holds his hand and takes him back to his cot. Most of the time, he stays on his cot. CCSM 4 said that it is usually only her and CCSM 3 at nap time. Sometimes if a child is "squirming around a lot" or "being disruptive", they will place one hand on the child's back to hold the child and use their other hand to pat the child on the back. CCSM 4 usually pats Child C and she said he usually goes down without a problem. The previous week however, he was "crying a lot" and "walking around and talking". Ms. Muniz patted him that day. CCSM 4 said that she could not see Ms. Muniz and Child C from where she was in the room at the time, so she could not say what was happening. CCSM 4 has never seen Ms. Muniz hold a child on a cot as described in the allegations. Ms. Muniz explained that it used to be that she was not present very often at nap time so she changed the time so that she could be present and help with Child B. as he struggles at nap e. Ms. Muniz said that she has a "support team" for Child B that consists of a , a preschool mentor, and Child B's Father Mother. The support is aware of the way Child B naps, and they support it. Ms. Muniz explained that Child B lays on his stomach and Ms. Muniz lays next to him and leans over him, with her ribs on one edge of the cot and her elbow on the other side of the cot. Ms. Muniz pats Child B's back with one hand while twirling his hair with the other. She said this calms him. She explained that even though she is over him, Child B is still able to move around. Ms. Muniz advised that she used this method with Child C one time recently. She told his parents about it when they picked him up that day. They did not have an issue with it. I did not interview CCSM 5 regarding these allegations, as CCSM 5 is not present in the center at nap time. Child B's Mother told that she was aware of the allegations and that she did not have any concerns. e said her son has and she is grateful for the child care staff at the center. She believes his issues would have gotten him `kicked out" of any other child care facility. Child C's Mother told that she does not believe that Ms. Muniz held Child C down on his cot. She e trusts Ms. Muniz and called her a "friend". She believes the allegations are coming from a disgruntled employee.

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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.

CCSM 1 was using a prohibited mean of punishment when she "tapped" Child A on the face and when she "covered Child A's mouth with her hand.

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R 400.8140 · R 400.8140 Discipline. (3) Non-severe and developmentally appropriate discipline or restraint may be used when reasonably necessary, based on a child's development, to prevent a child from harming himself or herself or to prevent a child from harming other persons or property, excluding those forms of punishment prohibited by subrule (2) of this rule.

Ms. Muniz was using undue physical restraint when she held Child B and Child C down on a sleep surface.

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