R 400.1911(1) · R 400.1911(1) Care; supervision; children. A licensee shall ensure appropriate care and supervision of children at all times. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP

Cindi Brown did not ensure appropriate care and supervision of children at all times when she allowed children to cry in the nap room for extended periods of time.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1913(3)(e) · R 400.1913(3)(e) Discipline; child handling. Deprive a child of meals, snacks, rest, or necessary toilet use."

There is insufficient evidence that Cindi Brown deprived children of necessary toilet use.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.1915(1) · R 400.1915(1) Indoor space; play equipment and materials. A child care home shall provide not less than 35 square feet per child of safe, usable, accessible indoor floor space, not including bathrooms and storage areas.

Cindi Brown has not less than 35 square feet for child of safe, usable, accessible indoor floor space, not including bathrooms and storage areas.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1915(2) · R 400.1915(2) Indoor space; play equipment and materials. Only space that has received prior approval for child use by the department may be used for child care.

Cindi Brown used approved child use space for children napping.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1931(1)(b) · R 400.1931(1)(b) Food preparation and service. Children shall be offered food at intervals as individually appropriate, but not to exceed more than 4 hours unless the child is asleep."

There is insufficient evidence to support the allegation that Cindi Brown does not feed the infants at individually appropriate intervals, not to exceed more than 4 hours.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1910(1) · R 400.1910(1) Ratio of personnel to children. The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age:

Licensee Cindi Brown did not ensure the adult to child ratio was maintained. On the mornings of 1/27/2025, 1/28/2025, and 2/10/2025, Cindi Brown cared for more than 7 children without a second child care staff member being present.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1911(1) · R 400.1911(1) Care; supervision; children. A licensee shall ensure appropriate care and supervision of children at all times.

Licensee Cindi Brown did not ensure appropriate care and supervision when she place children in time-out repeatedly for an inappropriate length of time.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1913(2) · R 400.1913(2) Discipline; child handling. Developmentally appropriate positive methods of discipline that encourage self control, self-direction, selfesteem, and cooperation must be used.

Cindi Brown did not use developmentally appropriate positive methods of discipline. Cindi Brown repeatedly used extended time outs for children in care.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1931(8) · R 400.1931(8) Food preparation and service. Bottles used for feeding must be labeled with the child's first and last name and date, refrigerated, and served only to the child on the label.

Licensee Cindi Brown did not ensure bottles were labeled with the child's first and last name and date.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R400.1923 · R400.1923 Diapering and toilet learning. (3) Diapers or training pants must be changed when wet or soiled.

On 08/41/2023, I interviewed Child A’s Father. He reported that on approximately six to ten different occasions Child A was brought home with remnants of having had a bowel movement on his bottom. On one occasion, he stated that Child A’s Mother had arrived at Cindi Brown’s home to pick up Child A and he was so wet and soiled that she had to change him on-site. She gave the diaper to Cindi Brown for disposal. Upon pick up on 08/28/2023, Child A was soaking wet, with only a spot on the back of his shirt that was dry. He was shivering and cold to the touch and was still cold to the touch when he got home. On another occasion, when Child A’s Mother picked him up from the home, his nose was packed full of mud with a huge “mud booger”. It had to be removed once he was at home. It is his understanding that Child A was playing in the mud and that Cindi Brown had attempted to use baby wipes and a bottle of water to clean him up, but he was not clean; he still had mud on his face. Child A’s Father feels that the lack of cleaning Child A after a bowel movement and the lack of picking him up in a dry diaper at the end of the day is getting worse. On 09/01/2023, I made an unannounced on-site visit to Cindi Brown’s home. I explained the allegations to her. She reported that Child A’s Father had recently brought up the concern of Child A’s bottom not being cleaned. “He said he was sick of having to clean shit off his bottom.” She told Child A’s Father that she was not aware of this happening and that she would talk to Child Care Staff Member 1 (CCSM 1) about it, since she is the staff member who does all of the diaper changes. She told CCSM 1 what Child A’s Father had said. CCSM 1 did not provide her with any explanation. Cindi Brown further reporter that this was the first time she was made aware of this issue with Child A’s bottom not being cleaned. She said that Child A’s Mother usually picks him up at the end of his day. She could recall one time when she had arrived to pick him up and she noticed he had had a bowel movement in his diaper. Child A’s Mother changed his diaper on-site. Cindi Brown 3 could not state how many times Child A had been left in a wet or soiled diaper. She stated, “I don’t know. Never brought to my attention.” She said Child A was changed every day at approximately 3:45 p.m. before the children were taken outdoors. She stated, “I have witnessed CCSM 1 doing it.” Usually, Child A is picked up around 4:15 p.m. to 4:45 p.m. On the day he was playing in the mud, Cindi Brown stated that she was not aware of the ground being muddy underneath the outdoor caterpillar climb-n-crawl tunnel toy. He had played in the mud and gotten it on his face and hands. She took a bottle of water and a washcloth outside with her and cleaned his face. When asked why she did not take him inside to clean him up with soap and running water, she stated, “I felt I could clean him adequately outdoors.” When Child A’s Mother arrived to pick him up, she explained to her what had happened. He had had handfuls of dirt and the dirt had gotten under his nails. She was not aware of him having any mud inside his nose. Child A’s Mother made a comment to her, something about it being hard to get his nails clean, but she would figure it out. On the day he went home wet from his head to toe, Cindi Brown stated that was the day the children were outdoors playing, and she was inside preparing snack. She had asked CCSM 1 to dump the rainwater out of the area where the babies play. When Child A’s Mother arrived to pick him up, she noticed that CCSM 1 had not put any shorts on Child A and she had not dumped the water out of the area where the babies play. “Maybe there was water she hadn’t seen. Maybe in the Little Tikes car.” Child A’s Mother changed him and put dry clothes on him before leaving. “She did not show any emotion and never mentioned a concern about it.” On 09/05/2023, I interviewed CCSM 1. She said Cindi Brown told her that Child A’s parents pulled

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R400.1924 · R400.1924 Hand washing. (3) Hand sanitizers and wipes may be used as a temporary measure during outings, such as field trips and outdoor activities, until soap and running water are available. 6

On 08/31/2023, Child A’s Father reported that he knows that Cindi Brown is providing care for too many children, because a child care staff member told him that she was overwhelmed with caring for twenty children who had gotten off the bus after school. Child A’s Father would not provide the name of the child care staff member. On 09/01/2023, Cindi Brown reported that one day she was over by a couple of children because their parents were late picking them up, “So they overlapped.” She also stated that the school bus had arrived ½ an hour to 45 minutes earlier than last year and four children had gotten off the bus earlier than she had expected. This happened a couple of times before she got it straightened out with the public school’s bus garage. On 09/05/2023, CCSM 1 was not able to provide any details regarding the number of children in attendance at one time. She stated that Cindi Brown had told her that children over the age of six did not have to be counted in the capacity/ratio. On 10/06/2023, Child B and C’s Mother reported that she does not have any concerns with the number of children in care, admitting she does not know the number of children Cindi Brown is allowed to care for. On 10/06/2023, Child D, E and F’s Mother stated that she does not know the number of children Cindi Brown is licensed to care for, but she has no concerns with the number of children she has seen at the home. On 10/06/2023, a review of Cindi Brown’s written attendance records for the weeks of 07/31/2023 through 08/04/2023; 08/07/2023 through 08/11/2023; 08/21/2023 through 08/25/2023 and 08/28 through 09/01/2023 showed that Cindi Brown was in capacity and ratio at all times. On 10/09/2023, Child I’s Mother reported that Cindi Brown has either a child care staff member or her husband on-site to help her with the children. She reported that 7 the bus had run as normal during the first week of school and she was not aware of there being too many children in care at any one time.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1908 · R 400.1908 Capacity. (1) The licensee shall ensure that the actual number of unrelated children in care at any 1 time does not exceed the number of children for which the child care home is licensed, not more than 6 children for a family child care home and not more than 12 children for a group child care home.

On 08/31/2023, Child A’s Father reported that in the last couple of months, when Cindi Brown was on vacation, her husband and another child care staff member had cared for the children. On 08/31/2023, licensing consultant Sharon VanOrd stated that Cindi Brown had contacted her and told her she would be out of the home from 07/31/2023 until 08/09/2023 and that child care staff members would be caring for the children during this time. On 09/01/2023, Cindi Brown provided me with her attendance records and the dates of when she was absent from the home. She reported that she was out of the home on 03/27/2023 through 04/05/2023 and 07/31/2023 through 08/09/2023. CCSM 1, CCSM 2 and Volunteer 1 were present in her absence and were responsible for caring for the children during this time. On 09/05/2023, CCSM 1 reported that there were a couple of times when Cindi Brown had left on vacation, a couple of months ago, right around July 20th. Cindi left and CCSM 2 stayed at home on the premises and helped when needed with the children. Cindi Brown’s granddaughter, who is 12 years old, was also on the premises every day during this time and Volunteer 1 came to the home and helped out for a couple of days as well. Cindi’s granddaughter just played with the children and would tell her when the children were stinky and needed their diapers changed. Volunteer 1 would help serve and clean up lunch and clean during nap time. She was always with CCSM 1 and she was never left unsupervised with the children. On 10/06/2023, Child B and C’s Mother stated that Cindi Brown had informed her of her absence from the home and that CCSM 1 would be caring for the children in her absence. On 10/06/2023, Child D, E and F’s Mother reported that Cindi Brown has always informed her of her absence from the home and that CCSM 1 would be caring for the children in her absence. On 10/06/2023, a review of Cindi Brown’s attendance records for 07/31/2023 until 08/09/2023, when Cindi Brown was absent from the home, showed she was signed in on the following dates 07/31/2023; 08/02/2023; 08/03/2023; 08/04/2023; 08/07/2023; 08/08/2023 and 08/09/2023 from 6:00 a.m. to 6:00 p.m. On 10/09/2023, Child I’s Mother reported that Cindi Brown has notified her prior to being absence from the home and that CCSM 1 would be caring for the children in her absence. 9

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R400.1907 · R400.1907 Child’s record. (3) Dated daily attendance records of children in care must be maintained and include the child’s first and last name and time of arrival and departure. Electronic records may be used. If electronic records are used, they must be available to the department at the time of the inspection. If electronic attendance records are not available during an on-site inspection, the child care home is in violation of this rule.

Cindi Brown’s written attendance records did not correlate with her stating she was over capacity a couple of children because their parents were late picking them up. Cindi Brown’s written attendance records, dated 07/31/2023 to 09/01/2023, did not show her out of capacity at any time .

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1903 · R 400.1903 Licensee responsibilities. (1) A licensee shall be responsible for the following: (c) Provide for a child care staff member, who has valid CPR and first aid certifications, to act on behalf of the licensee when the licensee is unable or unavailable to provide direct care.

Cindi Brown ensured that CCSM 1 and CCSM 2 had a valid CPR and first aid certification, to act on behalf of her absences from the home on 03/27/2023 to 04/05/2023 and 07/31/2023 to 08/09/2023.

Open Not marked corrected in the state record

Category: health medication. Open / not marked corrected.

R400.1903 · R400.1903 Licensee responsibilities. (1) A licensee shall be responsible for all of the following: (d) Inform parents when a child care staff member is providing care in the absence of the licensee.

Cindi Brown informed the parents who would be caring for the children in her absence.

Open Not marked corrected in the state record

Open / not marked corrected.

R400.1903 · R400.1903 Licensee responsibilities. (1) A licensee shall be responsible for all of the following: (e) Maintain a record of the dates of licensee absences. These records must be maintained for a minimum of 4 years. 10

Cindi Brown did not maintain a record of her absences from the home for the following dates: 07/31/2023 through 08/09/2023. Her written attendance records state that she was present from 6:00 a.m. to 6:00 p.m. on these dates.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R400.1911 · R400.1911 Care; supervision; children. (1) A licensee shall ensure appropriate care and supervision of children at all times. 11

There was not enough evidence to substantiate that Cindi Brown does not provide appropriate care and supervision of children at all times.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R400.1920 · R400.1920 Outdoor play area and equipment. (5) When swings, climbers, slides, and other similar play equipment with a designated play surface above 30 inches are used, they must: (c) Be placed at least 6 feet from the perimeter of other play structures or obstacles.

Cindi Brown did not ensure that the blue elevated tent, the two large saucer swings and the single blue saucer swing were placed at least 6 feet from the perimeter of other play structures or obstacles.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R400.1920 · R400.1920 Outdoor play area and equipment. (5) When swings, climbers, slides, and other similar play equipment with a designated play surface above 30 inches are used, they must: (a) Not be placed over concrete, asphalt, or a similar surface, such as hard-packed dirt or grass.

Cindi Brown did not ensue that the single blue saucer swing was not placed over a hard surface. The bule saucer swing was placed over wooden decking.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.