Susan Small

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. r

It was alleged that during the beginning of the summer in June of 2021, Ms. Small had too many children in care. She was alone with eight or nine children. On August 27, 2021, I made an unannounced onsite investigation and interviewed Ms. Small. She denied that she had too many children in June of 2021; but admitted that there was one day in July of 2021 when she was over by one child. She provided ongoing child care for Child A (male, age 3). One day his older sibling Child B (female, age 6) needed care for one day. Ms. Small allowed Child B to come as a favor to the mother, knowing it would put her over her capacity and ratio. She denied that she exceeded her capacity and ratio for more than one day and denied that she ever had eight or nine children in care. None of the children she provided care for were her relatives. During my onsite inspection there were three children present who consisted of Child C (male, age 5), Child D (male, 18 months of age), and Child E (Female, age 3). Ms. Small stated that Child F (Male, age 6), Child G (Male, age 3), and Child H (Male, age 3) were part of her usual enrollment in June of 2021 and July of 2021 but were not present during the onsite inspection. I reviewed the attendance records for the month of June 2021 and July of 2021. The attendance records did not show that there were more than six children present during the month of June of 2021. The attendance record only showed one day, on July 16, 2021, when there were seven children present. The attendance records consistently showed the same names with the exception of the day when she exceeded her capacity and ratio with Child B. I asked Ms. Small to provide the child records for all of the children on the attendance records. She had child information cards on file for all of the children with the exception of Child B. Ms. Small was unable to find the child information card during the onsite inspection on August 27, 2021. I completed a follow-up inspection at Ms. Small's home on October 1, 2021. I inquired if she found the child information card for Child B. Since Child B was not regularly enrolled, Ms. Small reported that she did not think to get an updated child information card for Child B since she had one for her sibling. I provided technical assistance to Ms. Small and reminded her that each child is required to have their own child information card. I further advised that children who receive care on a drop-in basis are required to have a card on file the day they are receiving care. 3 On September 8, 2021, I interviewed Child A and B's Mother. There are usually five children present on a daily basis. Ms. Small may have had some older kids in care when school ended but she can't say with any certainty what date this occurred or an exact number of children in care. Due to the pandemic, she would drop her child off at the door and never really went inside of the home. On September 8, 2021, I interviewed Child C's Mother. She is usually one of the last parents to arrive at drop off. She has never seen too many children in care. When she initially enrolled, she had to wait a few weeks to begin care until some other children were leaving for kindergarten due to enrollment, so she is surprised about the allegation that there are too many children in care. On September 8, 2021, I interviewed Child D's Mother. There is a clipboard at the front door to sign in at drop off and she has never noticed more than a few children's names on the list. On September 8, 2021, I interviewed Child E and F's Mother. When she drops off Child E there are only four other children present. The most children she has seen is probably six children. Occasionally Child F will attend on school breaks, but even on these occasions Ms. Small hasn't exceeded six children. On September 8, 2021, I interviewed Child G's Mother. There was a timeframe at the beginning of the summer when Ms. Small had too many children in her care. The school-age children were in care

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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.

During my onsite investigation on August 27, 2021, I interviewed Ms. Small regarding this allegation. She denied smacking / hitting a child on the arm or using any form of corporal punishment towards any children as a form of discipline due to them throwing a toy or misbehaving. Children throw toys all the time and she will give verbal reminders not to throw toys because they could hurt someone. In the past she has made statements to child care children about not throwing toys because they could hit the entertainment unit which has sections with glass. She denied any instances when a toy would have come into contact the entertainment unit. She denied remembering any recent incidents where she had to verbally address a child about a toy possibly hitting the entertainment unit and has no idea why this allegation was made. Child A is the only child who she has to frequently redirect verbally. Once she speaks with him, he will correct his behavior. She has possibly put him in time-out once. The discipline techniques Ms. Small uses are redirection, removal of toys if they start throwing, and verbally communicating with the children. As a last resort she has used time out for children if they are over the age of three. She hasn't had to use this method recently because the children in her care are really good and don't have any extreme behavioral issues. She would never use any method of physical discipline when children misbehave. Ms. Small provided this consultant with a copy of her written discipline policy which has methods consistent with what she has verbally reported to this consultant during the investigation. Ms. Small has signed child in care statements on file for each enrolled family verifying that they have received a copy of Ms. Small's discipline policy. During the onsite investigation on August 27, 2021, I observed Ms. Small's interaction with Child C, Child D, and Child E who were sitting at the table eating lunch. The children appeared content / happy and didn't appear fearful of Ms. Small. Child C was the oldest and I asked him if he was enjoying his lunch. Child C said he liked his lunch and informed this consultant that this was his last day in care because he was going to kindergarten. He said he made Ms. Small a gift because he was going to miss her. He showed this consultant the gift and said that he really liked coming to her home and was going to miss her but was excited to go "big school." On September 8, 2021, I interviewed Child A and B's Mother. She recently enrolled Child A in care with Ms. Small. Child A has never mentioned anything concerning while in Ms. Small's care. He doesn't appear fearful and enjoyed going to the child care home. She felt comfortable enrolling her son in the home, because Child B had been previously enrolled in Ms. Small's home in the past. Ms. Small seems to be really nice and she didn't have any concerns with how Ms. Small treated her children. On September 8, 2021, I interviewed Child C's Mother. Child C has been in Ms. Small's care for approximately five years. He loves going to her home and has never mentioned anything concerning about Ms. Small or that she is mean. He doesn't appear fearful and there have been no red flags or pause for concern. Child C is very talkative and if something was wrong, he would immediately tell his mother. A She has no concerns with the way Ms. Small has provided care and supervision of her child. On September 8, 2021, I interviewed Child D's Mother. Child D gets very excited when he is dropped off and see's Ms. Small. He doesn't react in a fearful manner. She has witnessed Ms. Small interact with Child A who appears to have some behavioral issues and she responds in an appropriate manner. She has no concerns at all with the care her child receives from Ms. Small. On September 8, 2021, I interviewed Child E and F's Mother. She has no concerns at all with the care that Ms. Small provides and will be enrolling her newborn soon. Her children have

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R 400.1907 · R 400.1907 Child's records. (1) Prior to a child's initial attendance, a licensee shall obtain the following documents: (a) A completed child information card on a form provided by the department or a comparable substitute approved by the department.

Ms. Small failed to have a completed child information card on file for Child B whom she provided care for on July 16, 2021.

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R 400.1913 · 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.

There is insufficient evidence to conclude that Ms. Small hit a child on the arms or used corporal punishment with Child G or any other child while in her care.

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R 400.1914 · R 400.1914 Daily activity program. (3) All of the following developmentally appropriate opportunities must be provided daily: (b) Indoor and outdoor play, except during inclement or extreme weather, or unless otherwise ordered by a health care provider.

Ms. Small failed to provide daily opportunities for children to have outdoor play.

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