R 400.1910 · R 400.1910 Ratio of personnel to children. (1) 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: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood, marriage, or adoption.

On 05/24/2023, I received a complaint alleging, in part, that Ms. Freiberg operates outside of her approved child care staff member to child ratio. In a review of Ms. Freiberg's file, I noted that she has a variance to allow for a ratio of one child care staff member per seven child care children. The complaint alleges 2 that, on 05/23/2023 at 4:12 P.M., there were at least ten children present with no child care staff members besides Ms. Freiberg. The complainant reported hearing that this occurs often and when people ask her where the other staff member is is, she tells them, "Oh they are working in the garage or the barn," so no one knows if another child care staff member is actually present. Prior to completing my onsite inspection, I contacted the complainant, who confirmed that she counted at least 10 children at the time of the incident and denied that there were any other child care staff members present. She alleged that Ms. Freiberg is often out of ratio and will sometimes not put children on her attendance if she is over. At the time of the onsite inspection, Ms. Freiberg was present with six child care children. Another child arrived while I was present. Ms. Freiberg denied that she is ever out of ratio. Her husband is her child care staff member and is always present when there are eight or more children present, which is normally only after 3:45 P.M. She reported that, on 05/23/2023 at 4:12 P.M., she thinks there were seven children present. Child A's Mother reported that Child A attends care all day. Child A's Mother reported that there are normally four or five children present when she arrives to pick up. She denied that she thinks she's ever seen more than seven children. It should be noted that a review of Ms. Freiberg's attendance shows that Child A was present 17 of the 19 days Ms. Freiberg was open in May, and that there were between five and twelve children present daily when Child A was picked up. Child B and Child C attend care every day after school from 3:45 P.M. to between 4:30 and 5:30 P.M. Child B and Child C's Mother reported that she has seen a child care staff member present, but denied remembering when this was. She thinks there are normally around six children present and denied that she's ever observed more than seven children present when she has picked her children up. The review of Ms. Freiberg's attendance shows that Child B and Child C are often picked up around the same time as Child A, so approximately the same number of children are present. Child D and Child E have been attending child care for two or three years and attend after school and in the summer. Child D and Child E's Mother reported that when she picks up her children, there are normally more than seven child care children present and there is never a child care staff member present. While I was on the phone, Child D and Child E's Mother asked Child D who the children are that are present in the afternoon. Child D gave a long list of names and denied that there are ever two child care staff members present. Ms. Freiberg provided me with child and staff attendance for the months of April 2023 and May 2023. On 05/25/2023, Ms. Freiberg was present alone with 12 child care children from 4:00-4:30 P.M. and with 8 child care children from 4:30-5:00 P.M. 3 It should be noted that at the date and time of the allegation, Ms. Freiberg was present with seven child care children. Her child care staff member was signed in but was in an unlicensed space in the home and was not providing child care.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

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

The allegation stated that, on 05/23/2023 at 4:12 P.M., the complainant went to pick up a friend's child at Ms. Freiberg's child care. They knocked, went inside, Ms. Freiberg pointed at the complainant and said, "you get the fuck out of here, fucking bitch." In my conversation with the complainant, she relayed the same story. She was asked to pick up a friend's child from the child care home, walked in the door, and Ms. Freiberg swore at her. She reported that she has a past relationship with Ms. Freiberg that did not end on good terms. In my interview with her, I informed Ms. Freiberg of the investigation and the allegations that she swore at an individual in front of child care children. She confirmed that she told the complainant to "get the fuck out," but denied calling her a "fucking bitch." When asked why she did this, she stated, "because I was pissed." Ms. Freiberg confirmed that this was done in front of children. She knows she cannot 4 swear in front of children in care. She reported that the complainant told her to "grow the fuck up" after Ms. Freiberg's comment. Child A's Mother reported that, following my onsite inspection, Ms. Frieberg told her about the allegation, and she thinks that all parents were informed. Child A's Mother denied knowing of the incident prior. Child A was present during the incident. Child A's Mother denied any concerns with Ms. Frieberg, or the level of care Child A receives. Child B and Child C's Mother denied knowing of the incident. She was confident that her children would have said something to her if they heard it, and they had not said anything. She denied concerns with Ms. Freiberg, stating that she shows interest in her children. On the day of the incident, Child D and Child E's Mother messaged Ms. Freiberg to let her know that another individual would be picking up Child D. Later that evening, that individual told Child D and Child E's Mother of the incident. Child D confirmed the details. Child D and Child E's Mother relayed to me that the complainant told Ms. Freiberg that she was there to get Child D and Ms. Freiberg told her to "get the f out of her house." Child D and Child E's Mother clarified that the actual swear word was used. According to Child D, who I could hear in the background, the complainant did not say anything or reply to Ms. Freiberg.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1906 · R 400.1906 Records of a licensee; child care staff member; child care assistant. (1) A licensee shall maintain a file for each child care staff member and each child care assistant that includes all of the following: (b) Daily records detailing arrival times and departure times at the child care home.

Ms. Freiberg's daily staff member attendance is not accurate.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.1925 · R 400.1925 Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (e) Within the department's child care background check system, accurately complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license.

Ms. Freiberg did not accurately connect Mr. Freiberg as a child care staff member in the CCBC system.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.1913 · 1 R 400.1913 Discipline; child handling. (3) Personnel shall not do any of the following: (a) Hit, spank, shake, bite, pinch, or inflict other forms of corporal punishment. I

Ms. Freiberg does not spank Child A.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R400.1913 · R400.1913 Discipline; child handling. (3) Personnel shall not do any of the following: (f) Confine a child in an enclosed area such as a closet, locked room, box, or similar enclosure.

I Ms. Freiberg does not lock Child A in a closet.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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

Ms. Freiberg does not provide developmentally appropriate positive methods of discipline that encourage self-control, self- direction, self-esteem, and cooperation when she gives Child C three warnings to stop inappropriate behavior such as hitting and throwing toys and then gives him a time out.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1913 · R 400.1913 Discipline; child handling. (3) Personnel shall not do any of the following: (g) Use time out for children under 3 years old. I

Ms. Freiberg uses time out for Child C as a form a discipline. Time out is prohibited for children under 3 years old.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.