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. 10

Brianna Richardson did not provide appropriate supervision to Child A when she put her hands on Child A's shoulder as he attempted to get off his nap mat and held him in place so he could not get up. She also did not provide appropriate supervision to Child A when she tried to physically remove his hands from his face while he was upset.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

Brianna Richardson did not provide positive methods of discipline that encourage self-control, self-direction, self-esteem, and cooperation with Child A when she put her hands on Child A's shoulder as he attempted to get off his nap mat and held him in place so he could not get up. NOTE: There was not enough evidence to establish a finding that Ms. Richardson "yelled at and placed hands-on Child B."

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (c) Restricting a child's movement by binding or tying him or her. 11

Brianna Richardson restricted Child A's movement when she placed her hands on Child A's shoulder as he attempted to get off his nap mat and held him in place so he could not get up.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.8155 · 1 R 400.8155 Child accidents and incidents; child and staff illness. (1)A center shall have a written plan for how and when a parent is notified when personnel observe any of the following: (a) Changes in a child's health. (b) A child experiences an accident, injury, or incident. (c) A child is too ill to remain in the group.

Colleen Erpelding did not follow the center's incident, accident, injury policy when she did not provide Child A's Mother with a written report. I

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

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: (a) A child is lost or left unsupervised. (b) An incident involving an allegation of inappropriate contact. (c) A fire on the premises of the center that requires the use of fire suppression equipment or results in loss of life or property. (d) The center is evacuated for any reason.

Colleen Erpelding did not provide the department with 24-hour notice of an incident involving an allegation of inappropriate contact. .................. .............. .........................

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8158 · R 400.8158 Incident, accident, injury, illness, death, fire reporting. ......... (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

Colleen Erpelding did not provide the department with a written report within 72 hours of the November 2021 incident of inappropriate contact involving Child A .................. ....... .......

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. (4) If a center becomes aware that a staff member, volunteer, or child in care has contracted a communicable disease, then the center shall notify parents and provide all of the following information: (a) The name of the communicable disease the children were exposed to. (b) The symptoms of the disease. (c) Prevention measures as recommended by the U.S. Centers for Disease Control and Prevention (CDC) at the following website: litt s://www.cdc.gov/DiseasesConditions.

Until the start of this investigation, Colleen Erpelding was not informing all parents at the center when a child and/or child care staff member tested positive for COVID-19. ...............

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8112 · R 400.8112 Comprehensive background check; fingerprinting. (1) Pursuant to section 5n of the act, MCL 722.115n, before an individual has unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following: (a) A licensee. (b) A licensee designee. (c) A child care staff member. (d) A child care aide. e An unsu ervised volunteer.

On 9/16/2021 I completed an unannounced on-site inspection at the child care center. I informed program director and licensee designee Colleen Erpelding of the allegations. Ms. Erpelding said she is scheduled to attend a mandatory meeting very soon and most of the child care staff members have left for the day. I provided Ms. Erpelding with a brief overview of the rule violations and agreed to come later to go over the allegations in more detail. On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. I reviewed child care staff member files and found all child care staff members to have letters stating they are eligible to work in a child care center. I found the hire date for all child care staff members to be after the date the child care staff members were determined to be eligible to work in a child care center. Ms. Erpelding said the school district utilizes substitute teachers through the EDUStaff substitute teacher system. The substitute teachers who work in the child care center complete both the EDUStaff background check and the comprehensive background check required for licensing. I found all child care staff members files to contain completed and signed consent and disclosure forms. I interviewed child care staff members Kristen Terwilliger and Carolyn Fiedler. Both said they completed the comprehensive background check prior working in the classroom with children. On 12/27/2021 I completed an exit conference by telephone with Ms. Erpelding.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said all preschool children are escorted by a child care staff member going in and out of the building, to classrooms and to the restrooms. School-age children are allowed to walk by themselves. If the school-age children walk down the hallway unaccompanied, the child care staff members utilize walkie talkies to communicate with other child care staff members to inform them a school-age child is moving from one location to another within the building. The care staff members also verifies by walkie talkie when a school-age child arrives at their intended destination. I interviewed child care staff member Kristen Terwilliger. Ms. Terwilliger said she has never seen preschool age children walk into the building or in the hallway unattended. Ms. Terwilliger said the school age classroom has a bathroom located outside of the classroom. There is a hall monitor who the child care staff members communicate with via walkie talkie to let them know a school-age child is walking down to the bathroom alone. The hall monitor utilizes the walkie talkie to let the child care staff members in the classroom know when a school-age child has completed their bathroom break and is walking back to the classroom. A child care staff member remains at the door when children are both entering and exiting the building so the children are supervised at all times. If a preschool child needs to walk from their classroom to another location in the center a child care staff member always accompanies the preschool child. I interviewed child care staff member Carolyn Fiedler. Ms. Fiedler said the preschool age children are always escorted by a child care staff member if the child is required to go from one location to another at the child care center. Ms. Fiedler said school-age children walk down the hallway by themselves, but the child care staff members use walkie talkies to communicate with one another, so they know the location of the school-age children are at all times. On 12/28/2021 I placed a telephone call to Child A's Mother. Child A's Mother said when she drops off and picks up Child A there is always a child care staff member at the doors to supervise children coming into and out of the building. 4 On 12/28/2021 I placed telephone calls to Child B's Mother and Child C's Mother left voice messages requesting return calls.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8131 · R 400.8131 Professional development requirements. (1) The center shall provide an orientation about the center's policies and practices and these administrative rules for all personnel hired after the effective date of these rules and before unsupervised contact with children.

On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said all newly hired child care staff members receive on the job training. All new hires shadow an experienced child care staff member for several days. The experienced child care staff member reviews all child care center processes and guidelines as well as classroom management, teamwork, roles and incident reports. This training also includes an overview of licensing requirements. I reviewed the child care staff member files and found documents the child care staff members signed indicating they received orientation. I interviewed child care staff member Kristin Terwilliger. Ms. Terwilliger said she received an orientation where she received training on the guidelines and policies at the child care center. Ms. Terwilliger said she feels like if she is unsure of a policy, she has no problem asking Ms. Erpelding or any other child care staff members for clarification. I interviewed child care staff member Carolyn Fiedler. Ms. Fiedler said she completed a 2-day training to review the child care center guidelines and policies prior to working in the classroom. Ms. Fiedler said she feels comfortable with her knowledge of the guidelines and policies at the child care center and has no problem finding someone to ask if Ms. Fiedler has any questions. 5

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8131 · R 400.8131 Professional development requirements. (4) Before unsupervised contact with children, all child care staff members who work directly with children shall complete prevention and control of infectious disease training, including immunizations.

On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said all child care staff members completed the Health and Safety Course 1 and Course 2 trainings on MiRegistry prior to contact with children. Ms. Erpelding said all of the child care staff members seem to be comfortable with cleaning up blood or biohazards. All of the child care staff members come to Ms. Erpelding for guidance if they have any questions. Ms. Erpelding said there was a previous child care staff member, who was recently let go, who did not like cleaning up blood or biohazards, so the child care staff member said she wasn't properly trained in an effort to get out of cleaning. However, the previous child care staff member also completed the required trainings and could come to Ms. Erpelding if she ever required assistance. I reviewed the MiRegistry report for the child care center. I found that all child care staff members completed the Health and Safety Training Course 1 prior to contact with children. The Health and Safety Training Course 1 contains training on proper techniques on prevention and control of infectious disease. I interviewed Ms. Terwilliger and Ms. Fiedler. Both child care staff members said they completed training on how to clean up blood and other biohazards prior to working in the classroom. Both child care staff members said they feel comfortable with the process and believe they have the appropriate supplies to do the job as required.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. (1)A center shall have a written plan for how and when a parent is notified when personnel observe any of the following: (a) Changes in a child's health. (b) A child experiences an accident, injury, or incident. (c) A child is too ill to remain in the group.

On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said all child care staff members receive training on when and how to complete incident reports during their new hire orientation. The first time a child care staff member is required to complete an incident report, Ms. Erpelding completes the form along with the child care staff member. Ms. Erpelding jointly completes incident reports with newly hired child care staff members until the child care staff member feels comfortable with the process by themselves. A previous child care staff member often required reminders on when and how to complete incident reports. Ms. Erpelding believes all of the current child care staff members have a good understanding of the process of completing incident reports. All child care staff members inform Ms. Erpelding when they complete an incident report. Ms. Erpelding said she believes all the child care staff members follow the center's policy on completing incident reports. I confirmed the child care center has a written policy on reporting incidents to parents and the department. I interviewed Ms. Terwilliger and Ms. Fiedler. Both child care staff members said they received training on how and when to complete an incident report during their new hire orientation. Both child care staff members said they feel they are comfortable with completing incident reports. Both said if they ever have questions about anything, Ms. Erpelding is easy to approach and easy to get ahold of to answer questions. Ms. Erpelding always signs any reports that require a signature. Both said they do not have any concerns that Ms. Erpelding or any other child care staff members are not following the center's policy regarding incident reports. 7 On 12/28/2021 I placed a telephone call to Child A's Mother. Child A's Mother said she believes the child care staff members complete incident reports and communicate any incidents to her in an appropriate time frame. On 12/28/2021 I placed telephone calls to Child B's Mother and Child C's Mother. I left voice messages requesting return calls.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8173 · ....... . .............................. R 400.8173 Equipment. (9) A first aid kit must be readily accessible to staff and securely stored in the center. I

On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said there is a fully stocked first aid kit located in the cupboard of one of the classrooms. I observed the preschool classroom and asked one of the child care staff members to show me the first aid kit. The child care staff member was able to immediately take me a locked cupboard to show me the first aid kit. I reviewed the list of items required to be in the first aid kit and found all items to be present. I interviewed Ms. Terwilliger and Ms. Fiedler. Both said they are aware of the location of the first aid kit and how to access the first aid kit. Both said if the first aid kit becomes low on supplies, they notify Ms. Erpelding and Ms. Erpelding replaces the supplies in a timely manner.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R 400.8182 · 1 R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 4: Age Child Care Staff Maximum Group Size member to Child Ratio b) Preschoolers, 1 to 8 16 30 months of age until 3 years of age c)Preschoolers, 1 to 10 Not applicable 3 years of age until 4 years of age 10 d)Preschoolers, 1 to 12 Not applicable 4 years of age until school-age e) School-agers 1 to 18 Not applicable

On 9/16/2021 I completed an unannounced on-site inspection at the child care center. I observed the preschool classroom to have nine children with two child care staff members which meets the ratio requirements of one child care staff member to eight preschool children based on the age of youngest child in the classroom being three years old. I found the school-age classroom to have 29 children and two child care staff members. This meets the requirement of one child care staff member to 18 school age children. On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said she covers in the classrooms if there are not enough child care staff members to meet ratio requirements. Usually when Ms. Erpelding is in a classroom, the classroom is overstaffed so Ms. Erpelding can step out to address administrative duties as needed. Ms. Erpelding said she has never left a classroom out of ratio to address administrative duties. If there are not enough child care staff members to meet ratio requirements, Ms. Erpelding will stay in the classroom and address administrative duties at a later time. Ms. Erpelding said a previous child care staff member did not like that Ms. Erpelding comes in and out of the classrooms throughout the day. Ms. Erpelding believes the previous child care staff member did not understand that Ms. Erpelding has more of an administrative role that a "caregiver" role. Ms. Erpelding said she believes the current child care staff members have a good understanding of Ms. Erpelding's role and do not complain when Ms. Erpelding comes in and out of the classrooms. I observed the only classroom in operation and found there to be eight preschool age children present with two child care staff members which meets the ratio requirements of one child care staff member to eight preschool children based on the age of youngest child in the classroom being three years old. rj I interviewed Ms. Terwilliger. Ms. Terwilliger said the ratio requirements for the youngest child in the classroom is always followed. Sometimes a parent arrives at the center early before all the child care staff members have arrived for the day causing the classroom to be out of ratio. When this happens, Ms. Terwilliger has the parent wait in the classroom until Ms. Erpelding, or the scheduled child care staff member, arrives in the classroom. Ms. Terwilliger has only seen Ms. Erpelding leave a classroom if there are enough child care staff members present to meet the ratio requirements of the classroom. I interviewed Ms. Fiedler. Ms. Fiedler said the child care staff members always go by the ratio requirements of the youngest child in the classroom. Ms. Fielder has never been in a classroom that did not meet the staff to children ratio requirements. Ms. Fielder has never seen Ms. Erpelding leave a classroom out of ratio even if Ms. Erpelding has a very important telephone call to take. Ms. Fiedler has seen Ms. Erpelding put off telephone calls until she can leave when the classroom is in ratio. On 12/28/2021 I placed a telephone call to Child A's Mother. Child A's Mother said parents no longer enter the building to drop off or pick up children, so she has not been able to observe the number of children and child care staff members present at the center. Child A has never mentioned there to be too many children for a child care staff member. On 12/28/2021 I placed telephone calls to Child B's Mother and Child C's Mother. I left voice messages requesting return calls.

R 400.8325 · R 400.8325 Sanitization. (1) All tableware, utensils, food contact surfaces, and food service equipment must be thoroughly washed, rinsed, and sanitized after each use. Multi-purpose tables must be thoroughly washed, rinsed, and sanitized before and after they are used for meals or snacks.

On 9/24/2021 I completed an unannounced on-site inspection at the child care center. I interviewed Ms. Erpelding. Ms. Erpelding said the child care staff members get trained on the 3-step method of sanitizing during their new hire orientation. Ms. Erpelding said when she is in the classrooms, she always observes the child care staff members use the 3-step system for sanitizing. Ms. Erpelding said since the pandemic the child care staff members go "above and beyond" to make sure tables and toys are properly sanitized. There is a bucket especially for toys to be placed in when a child care staff member observes a child place toys in or near their mouth. The toys in the bucket get sanitized at the end of the day. I interviewed Ms. Terwilliger and Ms. Fiedler. Both said they were taught the 3-step method of sanitizing at orientation. Both were able to describe the wash, rinse, sanitize steps appropriately. Both child care staff members said the tables are sanitized between meals, between activities and while the children are napping. Sleeping mats are sanitized every day. The sinks, bathrooms and door handles are sanitized at least three times per day by the child care staff members. The school janitors also clean these items every night. The toys are sanitized once or twice per week. Both child care staff members said they believe all of the child care staff members take sanitization seriously and complete the 3-step sanitization system appropriately. I observed the classrooms to each have three spray bottles properly labeled for the 3-step sanitization system. On 12/28/2021 I placed a telephone call to Child A's Mother. Child A's Mother said parents are not allowed to enter the building so she has not been able to observe whether the child care center is properly sanitized. Child A has not mentioned any concerns that the classrooms and toys are not properly sanitized. On 12/28/2021 I placed telephone calls to Child B's Mother and Child C's Mother left voice messages requesting return calls. 11

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.