R 400.8201(1)(c) · R 400.8201(1)(c) Comprehensive background check; fingerprinting. (c) A child care staff member.

At the time of inspection, a child care staff member was working in a classroom with children without comprehensive background check fingerprinting.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.8335(8)(a) · R 400.8335(8)(a) Food services and nutrition; provided by center (8) All of the following apply to milk: (a) Containers must be labeled with the date opened. Technical Assistance 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8340(3) · R 400.8340(3) Food services and nutrition; provided by parents (3) Breast milk, formula, milk, other beverages, and food furnished in a same-day supply must be covered and labeled with the child's first and last name and the date. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.8340(7) · R 400.8340(7) Food services and nutrition; provided by parents (7) Milk and other beverages furnished in a multi-day supply must be labeled with the child's first and last name and the date of opening and be returned to the parent or discarded 7 days after opening. Bureau

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

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

On 06/09/2023, I initiated my investigation by interviewing Child A's Father. Child A's Father explained that Child A is new to attending child care at Shelby University since November 2022 in the Graduates 11 room. Child A had reported there were three separate incidents of inappropriate behavior in Child A's classroom that was brought to the attention of Licensee Designee Kim Schauer. The first incident occurred on 05/26/2023 and it was during outdoor playtime where Child B (male, 3 years old) had pulled his pants down and showed Child A his private part while '/2 they were in the playground near the playground tunnel. Child A's Father and his wife met with Ms. Schauer and Program Director April Sizemore shortly after the incident to address this incident. Both Ms. Schauer and Ms. Sizemore addressed the concerns with Child B's family and the child care staff members were going to keep on eye on the children knowing Child B is doing this since it was the first of this kind of behavior for Child B. On 06/02/2023, the children from Child A's classroom were playing in the gym area during their scheduled indoor playtime and Child A reported that Child B came up to him and asked him if they can lower their pants in the tunnel, but Child A refused and went riding on a scooter inside the gym. The last incident reported was on 06/05/2023 during nap time in the Graduates 11 room between Child C (male, 3 years old) and Child A. All the children were getting ready for nap time and on their cots when Child C began taking off his pants in front of everyone and when asked he said Child A asked him to pull down his pants. Child care staff members caught Child C and redirected that behavior immediately. The main concern is appropriate supervision and ensuring the children are appropriately behaving. Child A's Father spoke with Ms. Schauer about the incidents, and he did not feel like they were taking the concerns seriously enough. It was decided by Shelby University to disenroll Child A. Child A's Father stated that he also filed a police incident report with Shelby Police Department to investigate incidents. On 06/16/2023, I conducted an onsite inspection at Shelby University where I reviewed the center's video footages with Graduates II enrolled children from the dates reported by Child A that alleged inappropriate supervision. Video footage from 05/26/2023 with Graduates II classroom playing outside: • 11:11 a.m. Graduates II children are observed going outside into the outdoor play area and both Child A and Child B are identified with Child Care Staff Member 1 and Child Care Staff Member 2 present with all the children. • 11:15 a.m. Child A and Child B are observed playing in and out of the playhouses to the far-left side of the playground. Child A and Child B run towards the pirate ship where they are seen playing in the tunnels and slides. • 11:16 a.m. Child A and Child B leave the pirate ship area fully clothed with no observable issues. Child A and Child B continue to play, and no one is crying 4 or upset. Child Care Staff Member 1 and Child Care Staff Member 2 are observed to be attentive and circling the playground watching the children. • 11:20 a.m. Child A is seen playing with other children from his classroom and is observed to have a happy disposition where he is comfortable in his surroundings during this playtime. • 11:21 a.m. Child Care Staff Member 1 guides Child B inside so that he can use the restroom. • 11:25 a.m. Child A is running around and then sees Child Care Staff Member 1 engaging with the children by sitting on the ground and playing the game "duck duck goose," and chooses to play with the group. • 11:26 a.m. Child Care Staff Member 2 is playing with the other children in their outdoor car buggies while Child Care Staff Member 1 continues to play "duck duck goose" game. • 11:29 a.m. Child A is observed still playing with Child Care Staff Member 1 and the other children with no issues. Video footage from 06/02/202

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

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

On 10/26/2022, I initiated my investigation and interviewed Child A's Mother. Child A has been enrolled in Shelby University since she was 6 months old. There have not been any issues until recently. Child A has a menu plan where she is given four bottles for the day and eats some solids as well throughout the day. Typically, Child A will have four bottles at home. When Child A was picked up on 10/21/2022, Child A had only eaten one bottle the entire day and the other three bottles were returned. Child A's Mother concerned that the child care staff at Shelby did not provide appropriate care to Child A. On 11/04/2022, I conducted an onsite inspection. Licensee Designee Kimberly Schauer and Program Director April Sizemore provided child information cards, child care staff member contacts, and a copy of Child A's feeding schedule. Ms. Sizemore did not have the feeding documentation sheet from 10/21/2022 because staff already provided the copy to Child A's parents. Ms. Sizemore was able to review the classroom surveillance video from 10/21/2022 with Child A and was able to verify that Child A ate more than one bottle that day. There were two child care staff members present in the room with Child A all day— Child Care Staff Member 1 and Child Care Staff Member 2. Ms. Sizemore explained that Child A had her first snack at 9:00 a.m., and then finished her first bottle at 10:15 a.m. At 12:00 p.m., Child A ate lunch at the table with the other children, and then offered a 2nd bottle from 12:30 p.m. to 2:48 p.m. Last two attempts of offering the bottle to Child A was observed on 4:17 p.m. and then again at 4:35 p.m. All attempts to give the bottle to Child A observed Child A pushing away and not wanting to drink from the bottle. Child A was observed to eat solids and that day did not drink from her bottle. When Child A developed a fever at the end of the day around 4:45 p.m. and was observed to be congested. It made sense that Child A did not want to drink out of her bottle because she was congested towards the end of the day. Both Ms. Sizemore and Ms. Schaeuer expressed that they would never allow a child in care to go without food. Child A ate, however, did not finish all the bottles that were provided by Child A's Mother. On 11/09/2022 I conducted a follow up onsite inspection to view center's video surveillance footage in Child A's classroom from day of incident on 10/21/2022. Video footage from Child A's classroom on 10/21/2022: • 9:00 a.m. Child A in the Sophomore Room with Child Care Staff Member 1 and Child Care Staff Member 2. Child A is observed sitting at table eating goldfish snacks with other children from the classroom. 3 • 10:14 a.m. Child Care Staff Member 1 provided a bottle for Child A and Child A takes the bottle. • 12:04 p.m. Child A is seen sitting at table for lunch and the children are being 2nd served pizza. Child A is provided her bottle at the table with her lunch. Child A is seen sipping the bottle but finishes her table food. • 12:34 p.m. Child A is offered her bottle but refuses it. Child A pushes it away and continues to eat her solids. • 1:02 p.m. Child A is offered another a bottle but does not drink it. • 1:32 p.m. Child A is offered a bottle but continues to not take it. • 2:11 p.m. Child A is offered a bottle and begins drinking some. • 2:48 p.m. Child A is offered a bottle but does not drink. • 3:11 p.m. Child A is seen sitting at the table with other children and eating snacks. • 4:17 p.m. Child A is given a bottle and Child A begins drinking it, but then pushes it away. • 4:35 p.m. Child A is offered the bottle again and Child A refuses it. • 4:45 p.m. Child A's health status change is observed, and her temperature is checked. Child Care Staff Member 1 is holding Child A in her arms and takes her to the front lobby of the center where Ms. Sizemore is seen assisting and then on the phone to notify Child A's Mother. Ms. Sizemore and Ms. Schauer explained that the staff were attempting multiple times

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.

On 10/26/2022, I interviewed Child A's Mother. Child A's Mother stated that she was driving to the center from work on 10/21/2022 and around 5:00 p.m. Program Director April Sizemore called her to inform her that Child A had a fever and requested that she be picked up as soon as possible because she was not feeling well. Child A's Mother explained to Ms. Sizemore that she was on her way to the center and would be there no more than 30 minutes. About 25 minutes later, Ms. Sizemore called Child A's Mother again to inform her that Child A was breathing heavily and inquired how close she was to the center. It was explained to Ms. Sizemore that Child A's Mother was only five minutes away from the center and would be there as soon as possible. When Child A's Mother arrived at the center, Child A was with Ms. Sizemore and another child care staff member. Child A was wheezing, and her eyes were watery. Ms. Sizemore explained that the labored breathing started suddenly, and they were getting concerned of the sudden change in her breathing. Child A's Mother struggled to believe that Child A's health just got worse in a matter of few minutes and did not understand why the center did not call earlier in the day to inform her that Child A was sick. Child A was taken to urgent care where her oxygen level was tested. The urgent care physician recommended 5 breathing treatment with albuterol and steroids. Child A already has breathing machine at home and utilizes it when needed since she was an infant. Physician recommended that Child A continues breathing treatments and monitor symptoms. There were no medications or diagnosis, just congestion. Child A's labored breathing was magnified by the fact that she was also congested. On 11/09/2022, I conducted a follow up onsite inspection to view center's video surveillance footage in Child A's classroom from day of incident on 10/21/2022 with Licensee Designee Kimberly Schauer and Program Director April Sizemore. Ms. Sizemore explained that she was present at the center the entire day, and the two child care staff members that were in Child A's classroom were Child Care Staff Member 1 and Child Care Staff Member 2. Child A did not show any signs of distress the entire day until towards the end of the day. Immediately when the staff noticed Child A's health status change with her body temperature beginning to rise and verified that Child A had a fever, Ms. Sizemore immediately contacted Child A's Mother informing her that Child A had a developed a fever over 100 degrees Fahrenheit. Child A's Mother was notified about 4:45 p.m. to inform her that Child A had a fever and needed to be picked up as soon as possible per their sick and notification policy. Child A's Mother expressed that she left work and would be on her way as soon as possible. Child Care Staff Member 1 held Child A in the lobby area and was comforting her as best as she could until Child A's Mother could pick her up. Child A was not crying, just hot from the fever. Shortly after 5:00 p.m., Child Care Staff Member 1 noticed that Child A's breathing suddenly became labored and very heavy. Ms. Sizemore contacted Child A's Mother again explaining that Child A's breathing was getting worse and inquired how much longer she would be until she arrived at the center. Child A's Mother stated that she was about five minutes away. When Child A's Mother arrived, she could not believe that Child A's health status "immediately" changed from simply a fever to labored breathing. Child A's Mother disenrolled Child A that evening and has not returned at the center. Ms. Sizemore then contacted Ms. Schauer over the phone to notify her of the incident and notified Licensing. Video footage from Child A's classroom on 10/21/2022: I was able to verify that from 9:00 a.m. to 4:45 p.m., Child A was observed in the classroom to be playing and engaging with other children and the child care staff members with no distress. At 4:48 p.m., Ms. Sizemore is observed cons