Bayview Child Care Center and Preschool

R 400.8201(2)(a) · R 400.8201(2)(a) Comprehensive background check; fingerprinting. (a) Ensure that each individual who requires an eligibility determination completes, signs, and submits all of the information required in subrule (5) of this rule, and in subrule (6) of this rule if applicable, on a form prescribed by the department.

Four program staff did not have the correct child care licensing bureau (CCLB) consent and disclosure form on file. The forms that were signed and dated were the license exempt provider consent and disclosure form. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP

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R 400.8201(2)(e) · R 400.8201(2)(e) Comprehensive background check; fingerprinting. (e) Complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license within the department’s child care background check system.

A teacher who left employment and was rehired with a new start date of 1/26/2026, was not reconnected to the center in the child care background check (CCBC) system.

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R 400.8216a(13) · R 400.8216a(13) Professional development requirements (13) When the department publishes a notice that a new health and safety update document or a new health and safety update training activity is published on MiRegistry, the licensee shall ensure that all identified staff or volunteers in the notice read and acknowledge the document or complete the activity within the timeframe indicated in the notice.

Two program staff did not complete the 2025 health and safety refresher within the required timeframe.

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R 400.8260(5) · R 400.8260(5) Medication; administrative procedures (5) Program staff shall keep all medication out of the reach of children and return it to the child’s parent or destroy it if the parent determines it is no longer needed or it has expired.

One child's epi pen expired in November of 2025. The same child's Benadryl expired in September of 2025.

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R 400.8260(6) · R 400.8260(6) Medication; administrative procedures (6) Program staff shall give or apply any prescription or nonprescription medication according to the directions on the original container, unless otherwise authorized by a written order from the child’s licensed health care provider.

A child with Benadryl required for an allergic reaction did not have a doctor's note indicating the dosage amount as required per package instructions. A child under age two had Tylenol and the corresponding signed medication permission form, but package directions require a doctor's note for dosage under two years of age. Teachers stated that they had not yet given Tylenol to the child.

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R 400.8530(10) · R 400.8530(10) Hazard Areas (10) The center shall not store combustible materials within the central heating plant or fuel- fired water heater rooms or in basements containing fuel-fired heating equipment, without a proper fire separation.

A box of items not used for the maintenance of the furnace, and walkie-talkies were stored in the second-floor gym balcony heat plant room. A wheelchair and another cardboard box of church items were stored in the first-floor heat plant room.

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R 400.8213(3) · R 400.8213(3) Staff; volunteer (3) A licensee shall have a written policy regarding screening and supervision of staff and volunteers, including volunteers who are parents of a child in care. The policy must include a statement that any staff or volunteer registered on either the Michigan State Police Sex Offender Registry or the Dru Sjodin National Sex Offender Public Website is prohibited from having contact with any child in care. 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.

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R 400.8269(2)(f) · R 400.8269(2)(f) Emergency preparedness and response planning procedures (2) The written procedures must include all the following as applicable to the type of emergency: (f) A plan for continuity of operations. 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.

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R 400.8269(3)(c) · R 400.8269(3)(c) Emergency preparedness and response planning procedures (3) A hard copy of the plans must be posted as indicated below: (c)The plan required by subrule (1)(i) of this rule must be maintained in a place known and easily accessible to staff and volunteers. 7 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP 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.

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R 400.8269a(4)(b) · R 400.8269a(4)(b) Food (4) The prevention measures must include all of the following, at a minimum: (b) Post the child's name and known food allergy prominently in the classroom or other area, on parent approval. 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.

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R 400.8325(5)(d)(i) · R 400.8325(5)(d)(i) Dishwashing (5) If the manual washing method is used, as referenced in subrule (4)(c) and (d) of this rule, all of the following must be done: (d) In the 3rd compartment or suitable container, sanitize using 1 of the following methods: (i) Immersion for not less than 30 seconds in clean, hot water of not less than 171 degrees Fahrenheit. 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.

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R 400.8330(16) · R 400.8330(16) Food services and nutrition generally (16) Bottle warmers must be shut off when not in use. 8 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP 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.

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R 400.8330(25)(c) · R 400.8330(25)(c) Food services and nutrition generally (25) Child care staff members shall foster and facilitate toddlers' independence, language, and social interactions by doing all of the following: (c) Sitting with toddlers during meal times. 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.

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R 400.8545(3) · R 400.8545(3) Fire extinguishers (3) Fire extinguishers must be properly mounted, inspected, and maintained in accordance with NFPA-10. The fire extinguisher must bear a tag indicating the last date of inspection or service and the initials of the individual who performed the inspection or service. Bureau

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R 400.8280(3)(a) · R 400.8280(3)(a) Discipline (3) Time out must only be used in combination with instructional approaches that teach children what to do in place of the behavior problem. (a) Time out must not be used for children u nder 3 years of age.

Teacher 1 placed children under the age of 3 in time out.

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R 400.8213(1)(b) · R 400.8213(1)(b) Staff; volunteer (1) All staff and volunteers present at the center shall: (b) Act in a manner that is conducive to the welfare o f children.

There is not sufficient evidence to find teacher 1 is not conducive to the welfare of children.

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R 400.8213(1)(a) · R 400.8213(1)(a) Staff; volunteer (1) All staff and volunteers present at the center shall: (a) Provide appropriate care and supervision o f children at all times.

The licensee designee did not ensure the appropriate care and supervision of children when Teacher 1 yelled at infants and sat them down aggressively.

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R 400.8280(1) · R 400.8280(1) Discipline (1) Positive methods of discipline that encourage self-control, self- direction, self-esteem, and c ooperation must be used.

Teacher 1 did not use positive methods of discipline when she used time outs and yelled at children. 3 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP

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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.

At 6:26 PM on 06/26/2022, 1 received an emailed incident report from licensee designee/program director Ms. Carly LaFreniere. The incident report stated that Child A was unattended on the second floor of the center for approximately two minutes from 5:24 to 5:26 PM that same evening. Ms. LaFreniere was the person in charge of the preschool children, including Child A, during the 2 event. She discovered that she accidently left Child A behind upstairs when Child A's Father arrived to pick her up shortly after she took Child C (three-year-old, male) downstairs to wait for his mother. On 06/27/2022, I conducted a telephone interview with Child A's Father regarding the incident. He stated that he arrived to pick Child A up at the center between 5:10 and 5:15 PM on 05/26/2022. He was certain that he signed Child A out earlier than 5:25 PM. Upon arrival, he was buzzed into the secured classroom area on the first floor, walked into the hallway, saw Ms. LaFreniere, and said, "Where is [Child A]?" Ms. LaFreniere looked around with a blank stare and said Child A was with her a minute ago. She looked at the other staff person who was present and asked her where Child A was. Child A's Father yelled for his daughter, went upstairs, screamed her name, and called for her. She came out of the classroom on the south west side of the hallway and was crying. He hugged and comforted Child A and was starting to head back downstairs when Ms. LaFreniere arrived on the scene. One or two other parents were also present during the incident, but Child A's Father did not know who they were. Child A's Father met with Ms. LaFreniere on 05/27/2022 and asked her what happened. Ms. LaFreniere told him she forgot about Child A during end of the day transitions in what she described as "the perfect storm." During the meeting, Ms. LaFreniere told him she thought Child A followed child care staff member Ms. Nicole Rogers when she went upstairs to clock out. Child A's Father did not know how long Child A was unattended but was told it was only a few minutes. He did not think Ms. LaFreniere left Child A alone on purpose and she took full responsibility for what happened. After the meeting, Child A's Father disenrolled Child A from the center. On 06/01/2022, I conducted an unannounced onsite inspection at the center to interview Ms. LaFreniere and child care staff members about the incident. Ms. LaFreniere stated that she mistakenly left Child A behind on the second floor for about two minutes on 05/26/2022. The incident happened around 5:25 PM during end-of- day transitions from outdoor play to toileting and handwashing in the upstairs bathroom. Ms. LaFreniere and child care staff member Ms. Nicole Rogers had just come indoors with a group of preschool age children around 5:05 PM. As they were coming inside, several parents arrived to pick their children up and wanted to chat. At the same time, attendance numbers decreased, so Ms. Rogers left for the day taking her own child, Child H (31-month-old, female) with her. This left Ms. LaFreniere with Child A, Child C (three-year-old, male), Child D (30-month-old, female), Child E (four- year-old, female), and Child F (three-year-old, female). Ms. LaFreniere took the children upstairs to use the bathrooms and gather their belongings. She was multi- tasking as she helped children wash their hands, changed the soap in the soap dispenser that had run out, and talked with Child E and F's Father who had arrived on the second floor to pick his children up. Ms. LaFreniere miscounted the number of children she had with her because so many things were happening at once. At 5:25 PM, she walked Child C and Child D down the stairs from the second floor. She knew what time it was because her 5:25 PM task reminder alarm was going off on her phone. At that time, she should have had 3 children with her instead of 2. She had just come down the stairs with Child C and Child D when Child A's Father arrived. Toddler 3 room child care staff

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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. 12 : • i i t ^• • f • r i • i- • • f i f •' '• f f r •lilt • -. is • i i ^. • • •' • ~. i ` ktI •' ' o • `d .I: •: • • • • A:

On 03/10/2021, I spoke with Child A's Mother by phone. She stated that on 03/08/2021, she received a message in Brightwheel from Child Care Staff Member 1 (CCSM 1) letting her know that another child hit Child A and gave her a bloody nose. The message also included a photo of Child A's bloody face. Child A's Mother was upset because she felt like an incident and injury such as that should have warranted a phone call. After receiving the message, she tried calling the center twice, but no one answered the phone. She left messages both times requesting a return call. She called the center a third time but did not leave a message. Instead, she decided to go to the center to check on Child A and to talk with someone in person about what happened. She also checked the parent handbook and noticed that the center had changed their policy for accident reporting to state that they will call parents if a child is seriously injured. Child A's Mother felt that the amount of blood she saw in the photo did constitute a serious injury. When she got to the center, CCSM 1 did not acknowledge her. Child A's Mother took Child A out into the hallway to look her over and observed a scratch on her arm. Her nose was not bleeding at that time. She asked Child A how the scratch happened. Child A told her it happened when Child B pushed her in the face. Child A was wearing a different shirt from the one she had been wearing that morning. Child A's Mother found the soiled shirt and noticed that there was a lot of blood on the front and on the sleeve. She spoke with CCSM 3 and asked him/her to relay a message to licensee designee Ms. Carly LaFreniere requesting a call. After not receiving a call back on 03/10/2021, Child A's Mother went to the center to speak directly with Ms. LaFreniere. This was the first time Child A's Mother heard about Child B and Child A having a physical altercation. On one occasion last winter, Child A's Mother witnessed Child B hitting and kicking CCSM 2 and she was concerned about his out- of-control behavior. CCSM 1 also told her that Child B has hit, kicked, and hurt other staff when he was upset. Child A's Mother was also concerned because it sounded to her like no one saw what happened between Child B and Child A. When she met with Ms. LaFreniere, she told her about the concerns she had with Child B's aggressive and harmful behaviors. She let Ms. LaFreniere know that what happened to Child A was unacceptable. On 03/10/2021, I received an email from Child A's Mother with screen shots of the 03/08/2021 Brightwheel communications about the incident, photos of Child A with blood on her face, and an excerpt from the parent handbook regarding parent notification of injuries. Included in the email was a screen shot of outgoing phone calls from Child A's Mother's phone to the center showing that she called the center three times that day. The Brightwheel message timestamped at 10:35 AM stated: "[Child A] was hit in the face by another student during gym time causing her nose to bleed. She was 4 cleaned up and currently is not bleeding any more. The situation is being handled." The photo showed Child A holding a paper towel with a small amount of blood on it. Blood was smeared along the right side of her nose, on the tip of her nose, inside and under the right nostril extending to the right cheek, as well as smaller smears of blood under her lip, her chin, and on the left cheek. There was also smeared blood on the right side of her shirt and on the outer left sleeve. At 11:35 AM, Child A's Mother responded to CCSM 1 via Brightwheel stating: "ARE YOU FREAKING KIDDING ME? MY CHILD LOOKS LIKE A BLOODY MESS AND I DON'T EVEN GET A PHONE CALL?! THIS IS SO UNACCEPTABLE!" At 11:52 AM, CCSM 1 sent the following message to Child A's Mother: "The incident report I left was very detailed as to what happened and I posted it within 3 minutes of it happening. [Child A's] nose was inspected by me, [Ms. Peron] and [CCSM 3] to ensure there was no fur

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R 400.8146 · R 400.8146 Information provided to parents. (1) A center shall provide a written information packet to each parent enrolling a child that includes at least all of the following: (h) Parent notification plan for accidents, injuries, incidents, and illnesses.

During my interview with Child A's Father on 03/12/2021, he stated that when he arrived for pick up on 03/08/2021, he noticed that Child A was already signed out. After thinking about it and speaking with a coworker, he wondered if something sneaky was happening with child attendance. He also thought that if Child A was signed out while still in attendance and something happened to her, then center staff could claim that they were not responsible for her. The same thing happened when he arrived to pick Child A up on 03/05/2021. He typically picks Child A up around 5:00 PM to 5:15 PM and estimated that 25% of the 14 time, Child A is already signed out when he arrives. He did not notice what time Child A had been checked out on those other days because he did not think much about it at the time. On 03/30/2021, 03/31/2021, and 04/01/2021, I conducted telephone interviews with Child C's Mother, Child E's Mother, Child D's Mother, and Child D's Father. None of the parents experienced issues with their child being signed out of care prior to being picked up. On 04/07/2021, I made a third unannounced visit to the center to interview Ms. LaFreniere and CCSM 1 about child attendance. Ms. LaFreniere stated that sometimes parents will go to the classrooms to pick children up and then use the kiosk in the main lobby to sign out as they are leaving. Sometimes staff sign children out if they notice a parent has not already done it. Parents are reminded to sign children out before going to the classroom, but sometimes they wait until they leave to sign out. It was likely that is what happened when Child A's Father tried signing Child A out on the days in question. No parents have talked to her about finding children signed out when they arrive at pick up time. Classrooms often combine at the end of the day. When that happens, children are signed out of their primary classroom and signed in to the combined second floor classroom. Sometimes if parents forget to sign out, CCSM 1 will do it for them. S/he was not sure why Child A would have been signed out prior to Child A's Father arriving on 03/05/2021 and 03/08/2021. On 04/07/2021, I received child check in reports from Ms. LaFreniere with sign in and out times for 03/05/2021 and 03/08/20201. The reports show that on 03/05/2021 CCSM 5 signed Child A out of the combined preschool second floor classroom at 5:09 PM. On 03/08/2021, CCSM 1 signed Child A out at 5:05 PM. On 04/07/2021, I conducted a follow up interview with Child A's Father. He stated that he always signed Child A out before going to the classroom. We reviewed Child A's sign out times on 03/05/2021 and 03/08/2021. He believed that the sign out times logged by CCSM 5 and CCSM 1 were probably accurate because he typically picked Child A up between 5:00 and 5:15 PM. On 04/26/2021, I conducted an onsite inspection. I spoke with CCSM 1 about child sign out times. S/he stated that at the end of the day, the combined preschool classrooms are usually outside or in the gym. Sometimes parents pick their child up and then go upstairs to the classroom to gather their belongings before signing out. If a parent took a while to leave, it was possible that a staff member checked the child out because they thought the parent had forgotten to do so. CCSM 1 has never signed a child out unless s/he knew for certain that they had already been picked up. On 04/26/2021, I spoke with CCSM 5 about staff signing children out. S/he asserted that there was never a time when s/he signed children out if they were still present. Child A's Father did not always sign Child A out in the lobby before coming to the classroom or gym to pick her up. Sometimes, CCSM 5 signs children out if parents 15 pick up without having signed out in the lobby beforehand. Recently, CCSM 5 and other staff were trying hard to make sure parents sign in and out instead of having staff be the ones to do it.

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R 400.8164 · R 400.8164 1 Telephone service. (2) During the hours the center is in operation, a phone number known to the public and available to parents to provide immediate access to the center must be provided.

Ms. LaFreniere and Ms. Peron did not provide a phone number known to the public and available to parents that allowed immediate access to the center during the hours the center is in operation. On 03/10/2021, Child A' Mother called the center three times. Each time, the phone went unanswered. She left two messages and never receive a call back. ....................................................... ..... ..............................................................................................

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R 400.8143 · R 400.8143 Children's records. (11) A center shall maintain an accurate record of daily attendance at the center that includes each child's first and last name and each child's arrival and departure time. Electronic records may be used. If electronic attendance records are used, then they must be available to the department at the time of an inspection. If the electronic attendance records are not available during an on-site inspection, then the center is in violation of this rule.

There is insufficient evidence that the center does not maintain accurate daily attendance records. Parents sign children out at the end of the day. They are encouraged to sign children out as soon as they enter the lobby of the building where the Brightwheel iPad kiosk is located. Sometimes staff sign children out if they notice that a parent forgot.

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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. 17

CCSM 1 did not provide appropriate care and supervision of children at all times. In a Brightwheel message to Child C's Mother dated 03/24/2021, CCSM 1 stated that Child C has a habit of walking out of the classroom without informing him/her, and he/she often finds him/herself looking for her. On 04/07/2021, CCSM 1 stated that sometimes if s/he is working with a child, s/he may not see Child C leave the room. CCSM 1 realizes that Child C is not present in the classroom when s/he calls Child C over to work on something and she is not there.

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