• 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.

  I made an unannounced on-site inspection to the center on 09/28/2022 at approximately 12:06PM. Program director, Marcie O'Connell explained that she was aware of the incident but did not have direct knowledge. She was not present in the room when it occurred. Child care staff member, Tina Martin, contacted Child A and Child B's mothers regarding the incident. Child A's Mother requested that Child A be moved to another room. Ms. O'Connell stated that Child B is being supervised closely as to prevent any other incidents from occurring. Child care staff member, Tina Martin, explained that she was a lead caregiver in Child A and Child B's classroom. There were a total of four child care staff members and twenty seven children in the Preschool/ Kindergarten classroom at that time. The incident occurred around 12:30PM on 09/26/2022. Child B went to bathroom first. Child A then came out of the nap room and went to the bathroom. The children usually go to the bathroom by themselves because the classroom and the bathroom are so close together. The bathroom and the classroom doors are always left open so that the children could be supervised. Ms. Martin was standing at the snack table which is located by the classroom door. She heard laughing and then went into the bathroom. Ms. Martin noticed that Child A and Child B were in the same bathroom stall. She then heard Child B say "I want to put my finger in your vagina" to Child A. Ms. Martin told Child A and Child B that they could not be in the same stall together and they needed to come out of the bathroom immediately. Both Child A and Child B came out of the bathroom. Ms. Martin asked Child A to explain what happened. Child A told Ms. Martin that Child B touched her vagina and butt. Child A's Mother and Child B's Mother were contacted and informed of the incident. During the unannounced on-site inspection, I observed the distance between the classroom door and the bathroom door. The rooms are very close together but there is still enough distance between the rooms that supervision is required. On that same date, I interviewed Child A's Mother. Child A's Mother stated that Child A will be going to the Children's Advocacy Center (CAC) to be forensically interviewed. She also requested that Child A be moved to another room. Child A's Mother was satisfied with the way the child care center handled the incident but she was concerned that there was lack of supervision leading to the incident. I left a voice mail with Child B's Mother on 09/28/2022, 11/09/2022 and 11/21/2022. She did not return my call. I contacted Child C's Mother, Child D's Mother and Child E's Mother on 11/09/2022. None of the parents had any concerns about the child care center. 3 I interviewed Officer Jeremee Peppers on 11/21/2022. Officer Peppers stated that the forensic interview provided substantial evidence that Child B touched Child A. The report was sent to the Berrien County prosecuting attorney. The prosecuting attorney did not authorize charges due the ages of both children. On that same date I interviewed Child A's Mother over the telephone. Child A's Mother stated she was satisfied with how the center handled the situation. Child A is in another classroom and is having no contact with Child B.

There was a lack of supervision resulting in Child A inappropriately touching Child B.

Disposition: Substantiated