Community Children's Center

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.

There was insufficient evidence to show that Teacher 3 was not providing appropriate care and supervision to children.

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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 was insufficient evidence to show that Teacher 3 did not act in a manner that is conducive to the welfare of children.

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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.

On 06/21/2023, an incident report was received by the department. The incident report detailed Child A being found unsupervised during outdoor play. The report stated Child A’s classroom was outside doing water play activities. CCSM 4 had taken four children inside to the bathroom, leaving CCSM 1 with the rest of the class outside continuing water activities. CCSM 2 was the first person to see Child A. She alerted Jackie Jenkins of the situation. Both Jackie Jenkins and CCSM 2 walked Child A back down to CCSM 1, who was with the preschool class. CCSM 1 did not know Child A had walked away from the group. Jackie Jenkins asked CCSM 1 how many children she had. CCSM 1 stated she was 3 unsure how many, but there were a lot. Jackie Jenkins determined CCSM 1 was responsible for fourteen children while CCSM 4 was inside with four children. On 06/27/2023 I conducted an unannounced onsite inspection with child care licensing consultant Codie Mayhew. Codie Mayhew and I interviewed Licensee Designee/Program Director Jackie Jenkins. Jackie Jenkins said the preschool class was outside playing in the water play area. The water play area is located behind the center, around a side corner of the building which is adjacent to the outdoor playgrounds. The water play area is not visible from the outdoor playgrounds, and it is not fenced. The lead caregiver took four of the children inside to use the bathroom. The other staff member, CCSM 1, was left outside at the water play area with the other 14 children. Child A walked up the hill to the other playground areas. Jackie Jenkins stated that CCSM 2 saw the child walking up the hill to the outdoor play area and took the child inside to her. Jackie Jenkins told me her staff think licensing is making a mountain out of a molehill with this special investigation, but she doesn’t think that. On 7/10/2023, I interviewed CCSM 1. CCSM 1 stated that the day Child A walked away from the group was only her third day working there. She didn’t know children’s names and most of the children had their backs to her as they played. She did not know the identity of the children left in her care. CCSM 1 stated she did not know Child A walked away from the group and she did not know how long he had been unsupervised. CCSM 1 stated it had been about 10 minutes from when the lead caregiver went inside with four children to when Jackie Jenkins came walking down to her with Child A. I asked CCSM 1 if she was aware that at the time she was left with 14 children that she was not yet eligible to be working with children unsupervised. CCSM 1’s status in the child care background check data base was “supervision only”. CCSM 1 stated she had received something about that and talked with Jackie Jenkins about it, but wasn’t sure if that conversation took place before or after the incident with Child A. On 7/10/2023, I interviewed CCSM 3. CCSM 3 stated she was on the playground with a different class. She was not aware Child A walked away from his class; she didn’t see him. She was playing with children in her class. CCSM 2 saw Child A first and she took him in to Jackie Jenkins. CCSM 3 was informed Child A was wandering around unattended by CCSM 4. CCSM 3 stated Child A is new to child care and doesn’t know what he can and can’t do. It is concerning to her that no one saw him walk away from his group. CCSM 3 stated Child A told her he was cold and walked away from the group looking for a towel. I interviewed the parents of Child B, Child C, Child D, and Child E. They have no concerns about the supervision of children at the center. 4

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R 400.8182(3) · R 400.8182(3) Ratio and group size requirements (3) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 4: (c) Preschoolers, 3 years of age until 4 years of age, there must be 1 child care staff member for 10 children with a maximum group size of 30 children.

Jackie Jenkins did not ensure that CCSM 1 was in ratio while CCSM 4 took children inside to use the bathroom.

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MCL 722.115n 722.115n Application for or renewal of license to operate child care center, group child care home, or family child care home; household member or child care staff member; criminal history check; requirements; duties of department. (8) The individual may serve as a child care staff member pending the results of the record and database checks required by this section and section 5q if the individual is supervised at all times.

Licensee Designee Ms. Jenkins did not ensure CCSM 1 was supervised at all times while waiting to be determined eligible by the department. CCSM 1 was not directly supervised when she was left alone with 14 children in the water play area.

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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. 6

The licensee designee did not ensure that all staff and volunteers provided care and supervision of children at all times. On 06/21/2023, CCSM 1 was left unsupervised with 14 children during outdoor play. CCSM 1 had not been deemed eligible by the Child Care Background Check (CCBC) to have unsupervised contact with child care children. Her status on 06/21/2023 was supervision only.

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R 400.8170 · R 400.8170 Outdoor play area. (7) The outdoor play area must be in a safe location.

Ms. Jenkins did not ensure that the outdoor play area was in a safe location. On 06/27/2023, preschool classroom 3 was found playing in a grass section located between the parking lot and M-37. The children had access to hazards including M-37, a tractor hauling mulch and landscaping and grass cutting equipment and individuals.

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R 400.8170 · R 400.8170 Outdoor play area. (8) The outdoor play area must be protected from hazards, when necessary, by a fence or natural barrier that is at least 48 inches in height.

Ms. Jenkins did not ensure that the outdoor play area was protected from hazards, by a fence or natural barrier that is at least 48 inches in height. On 06/27/2023, preschool classroom 3 was found playing in a grass section located between the parking lot and M-37 which presented without a fence or natural barrier to protect the children from accessing M-37.

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R 400.8840 · R 400.8840 Swimming activity area. (6) The use of hot tubs and private wading pools is prohibited.

Ms. Jenkins did not ensure that the use private wading pools were prohibited. On 06/27/2023, the splash pads were observed during the onsite inspection, and it was determined that the splash pad sides inflate resulting in the splash pads holding water.

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R 400.8110 · R 400.8110 Applicant; licensee; licensee designee; requirements. (2) The applicant, licensee, and licensee designee shall have the administrative capacity to operate the center in order to provide the services and facilities that are conducive to the welfare of children. 10

The licensee designees have not demonstrated the administrative capacity to operate the center in order to provide the services and facilities that are conducive to the welfare of children. Since 2020, there have been five lost/unattended child incidents, repeat violations for appropriate care and supervision, documented noncompliance with infant safe sleep, and documented noncompliance with staff to child ratio and maximum group sizes.

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

On 04/28/2023 program director Jackie Jenkins sent an email to her licensing consultant, Renee Libby, that a toddler had been left in the hallway outside their classroom. Ms. Jenkins also submitted a written incident report to the department on 04/28/2023. On 05/04/2023 I made an unannounced visit to Community Children's Center with licensing consultant Codie Mayhew. While onsite we interviewed Ms. Jenkins and Child Care Staff Member (CCSM) 1. Ms. Jenkins said she was called to the preschool room because CCSM 3 was walking back to her classroom and found Child A in the hallway alone. Ms. Jenkins said CCSM 3 took Child A back to her classroom and called to let Ms. Jenkins know, as that is what their policy states. Ms. Jenkins said by the time she arrived at the preschool classroom, CCSM 2 had already come and taken Child A back to the toddler classroom. Ms. Jenkins said she talked to CCSM 1 and CCSM 2 to find out 2 what happened. CCSM 2 told Ms. Jenkins that she and CCSM 1 were walking the children from the motor room back to the toddler room, CCSM 1 was in the front and CCSM 2 was in the back of the line. CCSM 2 counted off the children as they entered the classroom. As soon as the children were in the room and lined up against the wall to get diaper changes, CCSM 2 noticed Child A was not in the room and went to go find him. CCSM 2 told Ms. Jenkins she looked in the hall and didn't see Child A, but then looked in the preschool classroom next door and found him in there. Ms. Jenkins said later that day CCSM 1 came to her and told her that the toddler class was walking into the classroom, CCSM 2 was counting the children, and CCSM 1 heard CCSM 2 say "eight", so she thought all the children were in the classroom. CCSM1 then told Ms. Jenkins that CCSM 2 did not notice Child A was missing until she had already done three diaper changes and looked around the room to find Child A to change his diaper. During the onsite visit on 05/04/2023, Ms. Jenkins told Ms. Mayhew and I that CCSM 2's employment was terminated after this incident. I interviewed CCSM 1 onsite. She said she and CCSM 2 were walking the children back to the classroom from the motor room. CCSM 1 was in the front leading the children, CCSM 2 was behind the children. CCSM 2 counted the children as they entered the classroom. CCSM 1 heard CCSM say "eight" and she thought all the children were in the classroom. CCSM 1 and CCSM 2 had the children line up against the wall while CCSM 1 and CCSM 2 began diaper changes on the children they were responsible for. CCSM 2 had completed three diaper changes and looked around the room for Child A. When CCSM 2 did not see Child A in the classroom, she went out into the hall to look for him. CCSM 1 said CCSM 2 came back in the room with Child A and told her he was in the room next door. CCSM 1 didn't know if Child A had entered the room and then walked out again or if he never entered the room. I opened the door of the toddler classroom. The door is so heavy that Child A would not have been able to open it himself and walk out of the room. On May 5, 2023, I interviewed Child B's mother, Child C's mother, and Child D's mother, all of whom stated they have no concerns with the supervision and care of their children at the center.

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R 400.8155 · R 400.8155 Child accidents and incidents; child and staff illness. (5) A center shall have a written policy detailing when children, staff, and volunteers will be excluded from the center due to illness. 11

On 03/09/2023, 03/13/2023, and 03/14/2023 and 03/20/2023, I interviewed CCSM 4, CCSM 5, CCSM 9, CCSM 13, CCSM 14, CCSM 16, CCSM 17, CCSM 18, CCSM 19, CCSM 20, CCSM 21, CCSM 22, and CCSM 23. They denied that the center does not follow the illness policy. On 03/09/2023, I made an unannounced visit to the Community Children's Center. While onsite, I interviewed licensee designee/program director Jackie Jenkins. They denied staff coming in sick to the center. Ms. Jenkins and Ms. Russell informed me that children are sent home when ill. They both denied allowing children to remain at the center when they are found to be ill. On 03/13/2023, I interviewed CCSM 1. Staff have been told by other child care staff members to come into the center when they were ill due to the center not having enough staff coverage. CCSM 6 had come into the center when she was not feeling well on 03/06/2023. She reported that she had tried to call into work, but she was told by Ms. Russell to come into the center. She does not know what was specifically said by Ms. Russell or whether CCSM 6 felt pressured to come into work. The center enforces the illness policy with children except for child care staff member's children. The center allowed CCSM 6's child with pink eye to come back to the center less than 24 hours later. On 03/13/2023, I interviewed CCSM 7. Regarding the illness policy, the center has made staff come into center when ill. She had been sick with a fever on one occasion. She was directed to come into the center in the morning if her temperature was normal even though she would not have been fever free for 24 hours. She has heard other staff complain about the center failing to follow the illness policy. On 03/13/2023, I interviewed CCSM 2. Staff are made to come into the center when they are ill. She stated that CCSM 1 was ill last week and forced to work at the center. The illness policy for children is enforced for all children but staff children. CCSM 6's child was allowed to come to the center less than 24 hours after being treated for pink eye. CCSM 6's children were allowed to come to the center when they had ear infections without them being on antibiotics. There was another incident with CCSM 6's child vomiting at the center. The office was notified, but the center allowed him to return the next day. Then the child was home vomiting the following day. Last week, CCSM 9's child, Child V (1-year-old, female), was vomiting in class and had a fever. Ms. Russell was informed of this on 03/08/2023. Ms. Russell would not allow CCSM 9 and Child V to leave because the center did not have enough staff coverage. Ms. Jenkins came into the classroom before Child V left and felt Child V's head and said that Child V did not feel like she had a fever. rj On 03/13/2023, I interviewed CCSM 10. The center is not following the illness policy with staff's children. Staff's children are allowed to come back to the center within 24 hours or remain at the center when ill. On 03/13/2023, I interviewed CCSM 11. The center has not been following the illness regarding staff and children, specifically children of staff. She has heard staff saying that supervision has made statements that staff's children cannot be sent home because staff are needed at the center. She has witnessed staff coming into the center when they are ill. When staff reported that they were ill to Ms. Jenkins, Ms. Jenkin's stated that they had to work. She is aware that CCSM 9's Child V had a fever and supervision directed CCSM 9 to bring her child to the center with a fever on 03/06/2023. On 03/13/2023, I interviewed CCSM 12. Last week, Ms. Jenkins informed CCSM 9 that she must remain at the center even though CCSM 9's child, Child V, had a 102- degree temperature and Child V was present with her at the center. Ms. Jenkins stated that she cannot send staff children home because the staff are needed at the center. On 03/14/2023, I interviewed CCSM 6. She stated that the center follows the i

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R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self-control, self-direction, self-esteem, and cooperation must be used.

On 03/09/2023, I interviewed licensee designee/program director Jackie Jenkins and child care staff member Colette Russell. They are both unaware of preschool children being allowed to walk to the bathroom by themselves. They denied child care staff members putting children under the age of three years old in time out and they denied staff members yelling at children in the hallway On 03/13/2023, I interviewed CCSM 7. She denied witnessing or knowing of staff yelling at children in the hallway. She denied witnessing or knowing about children walking to the bathroom by themselves. She has only witnessed staff redirect behavior and offer children an activity. She has never witnessed staff placing children in timeout. CCSM 20 is aggressive with children. She will aggressively grab a child by their arms and carry a child by their arm. She has witnessed CCSM 20 grab a child by the shoulders, waist, or arms and pick them up and forcefully put them on the ground. On 03/13/2023, I interviewed CCSM 2. She witnessed in the preschool wing children being allowed to walk down the hallway to the bathrooms across from the Toddler 2 classroom. This happened a couple of weeks ago and a lot during last summer. A couple of weeks ago, CCSM 23 was present in this classroom when she witnessed an unknown male preschool child walking by themselves to the bathroom. She did not inform supervision of this since she has tried to inform supervision of concerns and she has been told to stay in her own lane or they have laughed it off. This has occurred with both Ms. Russell and Ms. Jenkins. She has witnessed children under the age of three years old going into timeout. At the end of February 2023 in the Toddler classrooml, CCSM 24 and CCSM 25 continuously put children against the wall or table and would make threats to children that they are going to have to sit against the wall or at a table. This occurred with numerous children. In the beginning of February 2023, she was sitting in the lobby area when she heard an unknown 12 staff member tell a child in an aggressive manner, "don't run away from me, why don't you listen." On 03/13/2023, I interviewed CCSM 11. She has witnessed preschool children from Preschool classroom 3 leaving the classroom and walking to the bathroom by themselves. This happened a lot last summer, but she is not sure whether this is still occurring with this classroom. She is not aware of children under the age of three years old being placed in timeout. On 03/13/2023, I interviewed CCSM 12. She has heard from other staff that preschool children leaving the classroom and walking to the bathroom by themselves, but she has not witnessed it. She is not aware of children under the age of three years old being placed in timeout. She has not witnessed staff yelling at children, but she has heard other staff make comments about this, but she could not provide any specific details. On 03/14/2023, I interviewed CCSM 18. A few months ago, she did witness a child alone in the hallway. The child was from the Preschool classroom 3 and CCSM 23 allowed her to go to the bathroom by herself. She waited for the child and walked the child back to the classroom. She did discuss this with CCSM 23 when she walked the child back to the classroom. She denied witnessing or knowing of staff yelling at children in the hallway. She denied child care staff members putting children under the age of three years old in timeouts. On 03/14/2023, I interviewed CCSM 23. She denied child care staff members putting children under the age of three years old in timeouts. She denied witnessing or knowing about children walking to the bathroom by themselves recently. She stated that this was an issue last fall. There are times that she allows four years old to use the bathroom down the hall from the classroom by themselves. On 03/20/2023, I received an email from CCSM 17 sent to Licensing and Regulatory Affairs Area Manager Candice Case-French. It stated, "I recently worked

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child. IR

On 03/09/2023, both Ms. Jenkins and Ms. Russell denied infants being allowed to sleep in infant swings. Ms. Jenkins mentioned that CCSM 22 did disclose last week that she had witnessed an infant sleeping in an infant swing in Infant Classroom 1 on an undisclosed date for 20 minutes. CCSM 22 did not report this incident when it occurred, and the date is unknown. Ms. Jenkins did not know which child CCSM 22 witnessed sleeping in an infant swing. Ms. Jenkins had talked to the other child care staff members in the infant classrooms, and they all denied any infants sleeping in infant swings. While onsite, I observed the two infant classrooms. I first observed Infant classroom 2. There were no infant swings in this classroom. In Infant classroom 1, I did observe two infant swings and two infant bouncy seats. Ms. Jenkins had the two infant swings, and two infant bouncers removed this classroom. I observed no safe sleep violations in either infant classroom. On 3/09/2023, 03/13/2023, 03/14/2023, and 03/20/2023, I interviewed CCSM 4, CCSM 5, CCSM 11, CCSM 12, CCSM 13, CCSM 14, and CCSM 21. They denied witnessing or knowing about any current infant safe sleep concerns at the center. On 03/13/2023, I interviewed CCSM 1. She denied witnessing any infants sleeping in swings. There are no infant swings in Infant Classroom 2. CCSM 22 did report to her that an infant was sleeping in a swing in Infant classroom 1. She directed CCSM 22 to speak to the program director about her concerns. On 03/13/2023, I interviewed CCSM 7. She has witnessed infants sleeping in infant swings on more than one occasion. She witnessed multiple infants sleeping in infant swings and bouncy seats a couple of weeks ago. Sometimes staff would immediately move the infant when they fall asleep, but it depends on the infant. If staff know that the infant will wake up when moved, they keep the infant in the swing. She identified CCSM 4 and CCSM 5 as always allowing infants to sleep in bouncy seats and swings. She does not feel comfortable speaking to supervision about the concerns with infant safe sleep because she does not feel like they would validate her statements or address the issue. On 03/13/2023, I interviewed CCSM 2. In the Infant classroom 1, she has witnessed infants sleeping in infant swings and bouncers on numerous occasions. There are pictures of it on Brightwheel dating back to October. Staff allow infants to sleep with pacifiers clipped to them. She also has a picture of an infant sleeping in a bouncer with a blanket. She has documentation on her personal cell phone showing ongoing safe sleep concerns. She is afraid an infant is going to be injured or killed if these issues are not addressed. On 03/13/2023 and 03/14/2023, I interviewed child care staff member CCSM, 6, CCSM 9, CCSM 10, CCSM 15, CCSM 16, CCSM 17, CCSM 18, CCSM 19, CCSM 20, CCSM 23, CCSM 24. They have heard about infants being left to sleep in unapproved sleeping equipment from different child care staff members, but they have never witnessed it. 17 On 03/14/2023 and 04/17/2023, I interviewed CCSM 22. She was in the Infant Classroom 1 a couple of weeks ago and she witnessed numerous infants sleeping in bouncy seats and infant swings. On one occasion, she observed an infant in a swing for an extended period of time. She ended up moving the infant on her own. On the same day, another infant was left for an extended period of time in a car seat. This was reported to Ms. Jenkins and she showed Ms. Jenkins the photos she had of the safe sleep violation in Infant Classroom 1. Ms. Jenkins was aware of the infant safe sleep concerns in the Infant Classroom 1. She stated that she has been trying to address these concerns but, there was limited things she could do. She is concerned for the safety of the infants in care at the center. On 03/16/2023, I received three photos from CCSM 22. All three photos show Child U (4-month-old, male) sleeping in an infant swing and Child BB (7-month-old, female) sleepi

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R 400.8140 · ................................................... R 400.8140 Discipline. ................................................... .................. (2) All of the following means of punishment are prohibited: (i) Time out must not be used for children under 3 years of age. .... .....

There was insufficient evidence to support staff using timeouts for children under 3 years of age.

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R 400.8176 · R 400.8176 Sleeping equipment. ............................. .... (6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping equipment. 21

The licensee designees did not ensure that infants slept in approved sleeping equipment. Interviews with child care staff members indicated ongoing concerns with infant safe sleep at the center. Child care staff members provided photos of infant safe sleep concerns at the center on 11/16/2022, 1/16/2023, 2/8/2023, 2/14/2023, 02/15/2023, 3/1/2023, and 3/8/2023.

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R 400.8176 · R 400.8176 Sleeping equipment. (13) Soft objects, bumper pads, stuffed toys, blankets, quilts, comforters, and other objects that could smother a child must not be placed in, or within reach of, a crib or porta-crib with a resting or sleeping infant.

The licensee designees did not ensure that soft objects were not placed in or within reach of a resting or sleeping infant. Child care staff members provided photos of infants sleeping at the center with a blanket. The photos were dated 11/16/2022, 2/14/2023, 02/15/2023, and 3/1/2023.

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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 ail times.

Ms. Jenkins did not ensure that all staff provided appropriate care and supervision of children at all tines. Sometime at the end of June 2022, CCSM 2 and CCSM 10 left. Child L unsupervised on the playground for between 30 seconds and 5 minutes. On or about 07/29/2022, Child Ch's whereabouts were unknown to CCSM 2 and the other staff member responsible for his care and supervision. It is estimated that Child D was unsupervised in the classroom bathroom for at least a minute. His whereabouts were unknown to the child care staff members responsible for his supervision for approximately 10 minutes because he was not with his assigned group.

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R 400.8158 · R 400.8158 Incident, accident, injury, Illness, death, fire reporting. (2) A licensee, licensee designee, or program director shall report to the child's parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following (a) A child is lost or left unsupervised.

On 08109/2022, I conducted an unannounced onsite investigation at Community Children's Center. I explained the allegations to Ms. Jenkins. She stated that Child L was left outdoors one time for "a second." She then stated that he was left outside for 30 seconds, which was unot long at all" At the time, Child Care Staff Member (CCSM) 2 and CCSM 10 were in charge of Child L. Both staff members were new to the field of child care but should have known Child L was not with the group when they came back inside. When staff are trained, she tells them to count children. She also did a training for all staff, including CCSM 2 and CCSM 10, on active supervision. Ms. Jenkins reported that last year, she immediately 4 terminated a staff member because s/he left a child unattended. As far as Ms. Jenkins knew, there were no other incidents when a child was left unattended. On 08109/2022, 08/1012022,08./1112022, and 08/1712022, 08/2912022, and 09/01/2022, 1 conducted telephone and onsite interviews with the following current and former child care staff members (CCSMs): CCSM 1, CCSM 2, CCSM 3, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 8, CCSM 9, CCSM 10, CCSM 11, CCSM 12, CCSM 13, CCSM 14. CCSIVI 15, CCSM 16. CCSM 17, CCSM 18, and CCSM 19. being left unattended. CCSM 1, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 8, CCSM 11, CCSM 12, CCSM 13, CCSM 14, CCSM 15, CCSM 16, CCSM 17, CCSM 18, and CCSM 19 had no direct knowledge of Child L or Child Q being left unattended. During interviews with CCSM 2 on € 8/0912022, 08/1712022 and 09101/2022, s/he stated that sometime in June, which was about two months after being hired, Child L was left outside unattended for about 30 seconds. At the time, Child L was new to the classroom and CCSM 2 did not know anything about him. The incident happened when CCSM 2 and CCSM 10 were gathering children to line up in front of the doors to come inside, The children opened the door and began letting themselves in. CCSM 2 counted children before coming inside and once again as the class got to the second set of doors inside the center. It was then that CCSM 2 realized that Child L was missing. The other preschool classroom was on their way out through another set of doors at the same time as CCSM 2 and CCSM 10's class was coming in. Child L was found by another staff member outside the doors on the other side of the brick wall, out of the line of sight from the exit and entrance doors. Shortly after the incident, CCSM 2 informed lbs. Jenkins about what happened. Ms. Jenkins told CCSM 2 that she has fired people for this type of thing before and that it could not ever happen again. Immediately following the incident, CCSM 2 and CCSM 10 made a plan to prevent it from happening again. The plan included counting and recounting the children and making sure that Child L was always holding someone's hand during transitions. Ms, Jenkins was not involved in making the plan or in helping them with managing the classroom. CCSM 2 did not think that Ms. Jenkins reported the incident to Child Las parents or to child care licensing. CCSM 2 stated that the incident with Child D being left in the classroom bathroom happened more recently. Ms. Jenkins was likely unaware of what happened because CCSM 2 did not tell her about it. Due to recent staff turnover and new staff filling in, CCSM 2 could not recall who the other staff member was that was working with him/her at the time. S/he thought It might have been CCSM 14 but could not say for certain. CCSM 2's preschool class is connected to the other preschool class by a bathroom between the two rooms. Child C was left behind during a transition from AA the classroom to the bigger bathrooms in the hallway. CCSM 2 and the other child care staff member lined the children up, counted them, then took them to the hallway bathrooms because there are multiple stalls and sinks for children to use. Unbeknownst to CCSM 2, Child D decided to go into the classroom bathroom after being counted in line instead of

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R 400.8158 · 1 R 400.8158 Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

During the onsite inspection on 08/09/2022, Ms. Jenkins and I discussed the allegations regarding staff member to child ratios. Ms. Jenkins stated that she was present at the center on 07/12/2022. That day, the Preschool 1 and Preschool 3 rooms were short staffed because both Preschool 3 staff members had called off. One person was out with COVID and the other staff member took an extra unapproved vacation day, so Preschool 1 classroom had to combine with the Preschool 3 children. She did not think they were over ratio that day because a few children were bumped into other rooms. I requested copies of attendance records and noted that on 07/12/2022, there were 17 Preschool 1 classroom children, and 16 Preschool 3 classroom children were signed in with only CCSM 2 and CCSM 10 having signed in. This meant that there were 33 children ranging from 3 to 6 years of age present in one classroom with 2 staff. Ms. Jenkins acknowledged that the preschool room had a maximum capacity of 24 preschool age children and that all of the staff members knew they could not exceed 24 children in that room with a 1:10 staff member to child ratio. She was certain that another staff member had been present with CCSM 2 and CCSM 10 even though no one else was signed in. After speaking with Ms. Jenkins, I went to the outdoor play area and observed children and staff from the Preschool 1, Preschool 2, and Preschool 3 classrooms. CCSM 5 was in the process of lining up his/her group of children. I observed 17 preschool children with CCSM 5. CCSM 2 stated that s/he and one other staff member had 14 preschoolers in their group. CCSM 3 stated that s/he had 10 preschool children in their group. On 08/09/2022, 08/10/2022, 08/11/2022, and 08/17/2022, 08/29/2022, and 09/01/2022, I conducted telephone and onsite interviews with the following current and former child care staff members: CCSM 1, CCSM 2, CCSM 3, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 8, CCSM 9, CCSM 10, CCSM 11, CCSM 12, CCSM 13, CCSM 14, CCSM 15, CCSM 16, CCSM 17, CCSM 18, and CCSM 19. ~~~~ was present for the interviews on 08/17/2022, and 19/01pwowever, she was not investigating allegations related to staff member to child ratios. CCSM 1, CCSM 4, CCSM 3, CCSM 7, CCSM 8, CCSM 13, CCSM 16, and CCSM 18 all stated that appropriate staff member to child ratios are followed in their classrooms. CCSM 2, CCSM 5, CCSM 6, CCSM 9, CCSM 10, CCSM 11, CCSM 12, CCSM 15, and CCSM 17 all reported being present in classrooms when staff member to child ratios were not followed. 11 CCSM 10, CCSM 11, CCSM 12, CCSM 16, and CCSM 17 reported that the problems with maintaining appropriate staff member to child ratios were due to Ms. Jenkin's lack of communication about planned and unplanned staff absences, as well as a general lack of staff due to inadequate scheduling. During interviews with CCSM 2 on 08/09/2022, 08/17/2022, and 09/01/2022, s/he stated that on 07/12/2022, s/he, CCSM 10, and CCSM 12 had to combine children ranging from 3 to 6 years of age in one classroom because the Preschool 3 classroom staff members called in. Staff in other classroom refused to allow children to be bumped into their room. CCSM 2 asked Ms. Jenkins what to do and she said i she did not know. Ms. Jenkins then took Child E from the room and left for the day. S/he did not recall exactly how manyRcchildren they had that day but knew that it was quite chaotic and overwhelming. S/he did not know about the licensing rules for maximum group sizes of 30 preschool age children when three-year-olds were present, nor was s/he aware that the preschool room's maximum capacity was 24 preschoolers based on the square footage of the room. On 08/09/2022, CCSM 10 stated that there were times when they were shorthanded, and Ms. Jenkins was nowhere to be found. If Ms. Jenkins knew they were short staffed, she would send a message in the morning asking staff to help each other out by bumping children or staff to other rooms. On 07/12/2022, two staff members wer

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R 400.8182 · R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 4: TABLE 4 Child Care Staff Member to Child Ratios ge Child Care Staff 4aximum Group Member to Child RatioSize a) Infants and toddlers, birth until 30 1 to 4 12 onths of age ........................................................................................ b) reschaalers, 30 months of age unti I to 8 16 ears of a e c) reschoolers, 3 years of age until 4 1 to 10 0 ears of age. d) reschoolers, 4 years of age until Ito 12 36 chool-a e e 5chool.agers Ito 18 6 16

During the onsite inspection on 08/09/2022, I reviewed the allegations with Ms. Jenkins. She stated that none of the staff members have engaged in physical disciple or spanked their own child on the grounds of the child care center. On 08/09/2022, 08/10/2022, 08/11/2022, and 08/17/2022, 08/29/2022, and 09/01/2022, I conducted telephone and onsite interviews with the following current and former child care staff members CCSM 1, CCSM 2, CCSM 3, CCSM 4, CCSM 17 5, CCSM 6, CCSM 7, CCSM 8, CCSM 9, CCSM 10, CCSM 11, CCSM 12, CCSM 13, CCSM 14, CCSM 15, CCSM 16, CCSM 17, CCSM 18, and CCSM 19. was present for the interviews on 08/17/2022, 08.29/2022, and __. _ ..____.However, she was not investigating the allegation that CCSM 7 spanked her child in the bathroom at the center. CCSM 1 stated that s/he heard CCSM 7 spank Child E in the bathroom on one occasion during naptime. Just before CCSM 1 heard what sounded like sound, s/he heard CCSM 7 tell Child E, "You need to listen." The sound of "te spank was so loud that CCSM 1 heard it over the noise of the sound machine in the classroom. Immediately following the spanking sound, CCSM 1 heard Child E crying. CCSM 1 spoke with CCSM 16 about what s/he heard because Ms. Jenkins was not there when it happened. CCSM 2 stated s/he witnessed CCSM 7 threaten to spank Child E many times for not napping. CCSM 7 will check Brightwheel during naptime to see if Child E has a note saying that she is asleep. If Child E is not asleep within 15 to 20 minutes, CCSM 7 will come down to the classroom. CCSM 2 observed CCSM 7 pulling Child E's face and arms and forcing her to lay down. The other children in the classroom have seen and heard CCSM 7 threatening Child E and forcing her to lay down. CCSM 7 told CCSM 2 that if Child E does not nap, s/he should physically restrain her, which CCSM 2 refused to do. If Child E does not nap, Ms. Jenkins and CCSM 7 blame CCSM 2 and the other staff members in Child E's room. During interviews with CCSM 3 and CCSM 9 on 08/09/2022, they both reported hearing CCSM 7 threaten to spank Child E on multiple occasions. On one occasion, both staff heard CCSM 7 spank Child E in the bathroom between the two preschool classrooms for not napping. CCSM 3 knew that CCSM 7 had spanked Child E because s/he heard the spanking sound followed by Child E crying. CCSM 3 did not report the incident to Ms. Jenkins because another child care staff member said they reported it to her. During an interview with CCSM 7 on 08/09/2022, s/he stated that Child E is his/her daughter. CCSM 7 has threatened to spank Child E at child care for not listening to her teachers. S/he only spanked Child E in the bathroom once because CCSM 2 brought her to CCSM 7 and told him/her she was pulling hair and not listening. When that happened, CCSM 2 told CCSM 7 that it was ok to spank Child E in the staff bathroom in the hallway. CCSM 7 only ave Child E "pats on the butt." Her CCSM 7 has not had to spank Child E since. When directly questioned about another staff member seeing CCSM 7 spank Child E, s/he stated that CCSM 10 saw him/her spank Child E once, but it was at the end of the day after child care hours. CCSM 10 told CCSM 7 that Child E needed a spanking, so CCSM 10 bent Child E over his/her knee while CCSM 7 gave her a smack. CCSM 7 did not pull Child E's pants down when delivering the spanking. During a follow-up interview with CCSM 2 on 08/09/2022, s/he stated that s/he never told CCSM 7 that it was ok to spank Child E. S/he only brought Child E to CCSM 7 twice. Once was because Child E bit him/her. CCSM 7 came into the classroom on his/her own at least 10 different times after checking Brightwheel and seeing that Child E was not sleeping. On 08/09/2022, CCSM 10 stated that s/he witnessed CCSM 7 spank Child E for not listening and heard CCSM 7 threaten to spank Child E multiple times. The spanking happened on a day when CCSM 10 had to stay late with Child E due to an issue CCSM 7 had with picking up Child E's car

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R 400.8167 · R 400.8167 Indoor space. (1) The required square footage of indoor space per child must be at least the following: (b) Thirty-five square feet for preschoolers and school-agers.

On and I conducted a telephone interview wit0h 8C/h1ild6 B/2's 0Fa2th2e,r~ aaboleutgations. He stated that Child B has attended the center since she was three months old. There has been a great deal of staff turnover at the center recently, including a change in the Infant 1 room staff. Child B's father has been nervous for the past few weeks because both of the staff that Child B knew were no longer working in her room. Child B also had 21 difficulty napping at the center over the last two weeks. Child B's Father picked Child B up from CCSM 7 on 08/11/2022. CCSM 7 told him that s/he had to change Child B's outfit earlier in the day because it was wet. Child B's Father thought it was strange that CCSM 7 did not know why Child B's clothes were wet. Child B's Father did not notice any marks on Child B or any signs of injury on 08/11/2022. On 08/17/2022, and I conducted an onsite inspection at the center. We interviewed M 7, CCSM 8, and Ms. Jenkins about the allegation. CCSM 13 stated that on 08/11/2022 s/he was present in the Infant 1 room when CCSM 7 picked up a pillow that they use to help prop children up in their seats and threw the pillow at Child B, hitting her in the face. Child B immediately started screaming and crying. CCSM 7 is not assigned to the Infant 1 room and had just come in to talk to CCSM 8. CCSM 13 was sitting in a rocking chair feeding another infant their bottler not far from the table where Child B, CCSM 8, and CCSM 7 were located. CCSM 8 was in the process of getting food out of the refrigerator for Child B and had his/her back turned, so s/he did not see what happened when CCSM 7 threw the pillow at Child B causing her to scream and cry. CCSM 8 turned back around and asked what happened. CCSM 7 mumbled something in response, but CCSM 13 did not hear what was said. CCSM 8 tried feeding Child B while she was upset and crying, but she choked on her food and would not eat. Child B continued to scream. CCSM 8 took her for a buggy ride to help calm and quiet her because the other children were sleeping. CCSM 13 was not certain but thought that CCSM 7 accompanied CCSM 8 and Child B on the buggy ride. CCSM 8 came back to the room a short time later, fed Child B her puree, then took her and one other child on another buggy ride. CCSM 13 had concerns about CCSM 7 because she tends to yell at children and was not a warm, fuzzy person. S/he described a time when CCSM 7 saw CCSM 13 hugging and cuddling a child and told him/her not to do that because they needed to teach children not to be picked up. CCSM 13 did not recall noticing that Child B's clothes were wet or that her clothes were changed that day. CCSM 8 stated that s/he did not know anything about what happened with Child B on 08/11/2022. She was asked to talk about what happened when CCSM 7 came into the room while CCSM 8 was feeding Child B. CCSM 8 stated that s/he thought Child B had stranger danger and was upset and crying because CCSM 7 came into the room. S/he decided to take Child B on a buggy ride as a way to help calm her down. If did not work, so she went back to the room and took Child B and one other child for another buggy ride. CCSM 8 did not immediately remember that Child B's clothes needed to be changed that day. Child B rarely has to have her clothing changed because she does not spit up a lot. CCSM 8 thought it was possible that another child spit up on Child B causing her to be wet on her side, but s/he was not certain that it happened on 08/11/2022. CCSM 8 provided access to Child B's Brightwheel report dated 08/11/2022. No clothing change was documented. Only one buggy ride was listed as occurring at 2:57 PM. 22 A follow up discussion was conducted with CCSM 13 about Child B's possible stranger danger reaction. S/he acknowledged that Child B does have stranger danger and that she sometimes cried around new people. CCSM 13 did not think it possible that Child B cried on 08/11/2022 as a reaction to CCSM 7 because she was screaming and inc

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R 400.8140 · R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

During the onsite inspection on 08/09/2022, Ms. Jenkins stated that she was surprised by the allegation that she is not present at the center because she works well over 40 hours a week and is present for at least 9 hours every day. She expressed frustration at the idea she was not present and properly performing program director duties because she works hard at the center every day. I requested Ms. Jenkins' attendance records showing her arrival and departure times documenting her presence at the center each day. Ms. Jenkins stated that she does not record her arrival and departure times, nor does she keep track of when she is present at the center. Staff know who is in charge when she is not there because she uses the Brightwheel app to let them know that CCSM 16 will be in charge. She showed me one Brightwheel message regarding her absence dated 08/08/2022. No other messages could be found. We discussed child care licensing rules related to documenting arrival and departure times and providing evidence of Ms. Jenkins' presence at the center for the majority of time children are in care. Ms. Jenkins agreed to begin using the timeclock in the staff office area to punch in and out to document her arrival and departure times at the center. During a follow-up conversation at the end of the onsite inspection on 08/09/2022, Ms. Jenkins stated that the reason she does not always tell staff when she is not 25 present, or when she is arriving or leaving, is because she does not want them to cut corners and try to get away with things. Instead, she wanted to keep staff on their toes by thinking that she could walk into their classrooms at any minute. On 08/09/2022, 08/10/2022, 08/11/2022, 08/12/2022, 08/15/2022, 08/17/2022, and 08/29/2022, I conducted individual, in-person, and telephone interviews with the following current and former child care staff members: CCSM 1, CCSM 2, CCSM 3, CCSM 4, CCSM 5, CCSM 6, CCSM 7, CCSM 8, CCSM 9, CCSM 10, CCSM 11, CCSM 12, CCSM 13, CCSM 14, CCSM 15, CCSM 16, CCSM 17, CCSM 18, and CCSM 19. RPMP,aaPnPdRWOWA was present for the interviews on 08/17/2022, ever, she was not investigating the allegations related to Ms. Jenkins presence at the center or staff being blackmailed into not making reports to child care licensing. CCSM 1, CCSM 2, CCSM 3, CCSM 5, CCSM 6, CCSM 9, CCSM 10, CCSM 11, CCSM 12, CCSM 13, CCSM 16, CCSM 17, and CCSM 19 all reported that they do not always know if Ms. Jenkins is present at the center, or when she is coming in or leaving. All the staff indicated that it is assumed that CCSM 16 is in charge when Ms. Jenkins is not present, but it has not been clearly communicated that this is the case. CCSM 1, CCSM 3, CCSM 5, CCSM 10, CCSM 11, CCSM 16, and CCSM 17 each reported that there were many times when people would show up for scheduled tours or interviews and Ms. Jenkins was nowhere to be found. CCSM 1, CCSM 10, CCSM 11, and CCSM 12 reported that over the summer, Ms. Jenkins was present at the center an average of three days a week. Staff rarely saw her toward the end of the week on Thursdays and Fridays. It was not uncommon for her to come in around 9 or 10:00 AM and leave by around noon or 2:00PM. CCSM 4, CCSM 7, CCSM 8, and CCSM 18 all stated that Ms. Jenkins is always present at the center. All four staff reported that if Ms. Jenkins is not present, then CCSM 16 is in charge. None of the staff had concerns about Ms. Jenkins not addressing staff, parent, and child issues. CCSM 14 and CCSM 15 reported that Ms. Jenkins is usually present at the center. CCSM 1, CCSM 2, CCSM 3, CCSM 5, CCSM 9, CCSM 10, CCSM 11, CCSM 13, CCSM 17, and CCSM 19 all identified concerns related to Ms. Jenkins' lack of confidentiality, as well as a conflict with her acting as the supervisor for her own children who are child care staff members. CCSM 13, CCSM 17, and CCSM 19 reported concerns that CCSM 4, CCSM 7, and CCSM 8, were Ms. Jenkin's favorites. When these staff members brought concerns O to Ms. Jenkin

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R 400.8140 · ................................................. ............... R 400.8140 Discipline. (2) All of the following means of punishment are prohibited: (d) Inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child.

Ms. Jenkins did not ensure that staff refrained from inflicting mental or emotional punishment, such as humiliating, shaming, or threatening a child. Multiple staff members heard CCSM 7 threaten to spank Child E on more than one occasion. CCSM 7 stated that s/he threatened to spank Child E as punishment for not listening.

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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.

Ms. Jenkins and CCSM 7 did not ensure that all staff provided appropriate care and supervision of children at all times. There is a preponderance of evidence to support the finding that CCSM 7 tossed a pillow at Child B on 08/11/2022, causing her to cry to the point where she was unable to eat. CCSM 13 observed the event and reported that the pillow hit Child B in the face. CCSM 8 confirmed that Child B was not crying prior to CCSM 7 entering the room. ..............

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R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (2) A program director shall be present in the center in the following manner: (b) At least 50% of the time children are in care but not less than a total of 6 hours per day for programs operating 6 or more continuous hours.

Ms. Jenkins is not present at the center for at least 6 hours per day. The center operates Monday through Friday, for more than 6 continuous hours. Multiple staff members and several parents reported that Ms. Jenkins is not present at the center on a daily basis for the majority of time children are in care. Ms. Jenkins was unable to provide documentation verifying her daily presence at the center prior to 08/18/2022.

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R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (3) All program directors are responsible for the general management of the center, including the following minimum responsibilities: 33 b. • . . f Vi i. f • • .: :.~ f • ' s wir ii. '! *'

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R 400.8113 · R 400.8113 Program director qualifications; responsibilities. (4) If absent from the center, the program director shall designate a child care staff member to be in charge.

Ms. Jenkins did not designate a staff member to be in charge each time she was absent from the center. A majority of staff members reported that CCSM 16 is the default person in charge when Ms. Jenkins is gone, but that it was not specifically communicated that this was the case.

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R 400.8164 · R 400.8164 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. Jenkins did not ensure that a phone number, known to the public and parents provided immediate access to the center during the hours the center is in operation. On 09/14/2022, I tried calling the center, and was unable to reach anyone. Ms. Jenkins stated that if someone calls the center's phone line, she lets it go to voicemail. On 09/15/2022, there were 14 unheard voicemail messages on the center's phone and Ms. Jenkins was unaware that I called the center the previous day.

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MCL 722.120 Investigation, inspection, and examination of conditions, books, records, and reports;... confidentiality; disclosure of information;.., failure of licensee to cooperate with investigation, inspection, or examination. ... .............................. (1) The department may investigate, inspect, and examine conditions of a child care organization and may investigate and examine the books and records of the licensee. The licensee shall cooperate with the department's investigation, inspection, and examination by doing all of the following: (c) Providing accurate and truthful information to the department, and encouraging witnesses, such as staff and household members, to provide accurate and truthful information to the department. 35

Ms. Jenkins did not cooperate with the department's investigation by providing truthful and accurate information to the department and encouraging witnesses such as staff to provide truthful and accurate information to the department. Multiple staff reported that Ms. Jenkins tried to find out who made the complaint to child care licensing with the intent of firing that person. On 08/29/2022, Ms. Jenkins stated that she never told anyone they should not make a report to child care licensing, nor did she threaten to fire anyone for making a complaint. During a recorded phone conversation, Ms. Jenkins stated she planned to fire CCSM 15 because she thought they made the licensing complaint. CCSM 15 confirmed that Ms. Jenkins terminated her because she thought they made the complaint, but the decision was reversed.

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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. 11

following summarized contacts related to this matter: 4 On 03/23/2022, I made an announced visit to the home of Child A. Child A was present. and we observed his left arm in a wrap. Child A's Father and another relative were present. Child A's Father reported that he drops off Child A in the morning at the center and Child A's Mother picks up in the N evening. Child A is dropped off at the center between AM to AM. If Child A is dropped off at AM, he is in the infant 2 classroom for a few minutes before transitioning to the infant 1 classroom. When this occurs, he normally hands Child A to child care staff member Madeline Barsheff or another child care staff member. If Child A is dropped off at AM, then he takes Child A directly to the infant 1 classroom. He denied ever having concerns with the center's ability to provide care and supervision of Child A. Child care staff members Madeline Barsheff and Kaylee Ray were identified as the primary caregivers to Child A. Child A's Father denied any incidences occurring with Child A while in their care that would correlate to Child A's left arm fracture. He did question the fire alarm incidences which occurred at the center recently. On three sperate occasions, a child pulled the fire alarm resulting in the center having to evacuate. He was informed by the center that Child A had been crying during one of the unplanned evacuation fire drills and he had been told that during another unplanned evacuation fire drill that a staff member may have been carrying Child A out of the building. On 03/23/2022, I interviewed the program director and licensee designee Jackie Jenkins. The center had received a message from Child A's Mother on the Bright Wheel application inquiring whether someone at the center possibly fell on Child A or whether any type of incident occurred at the center which would explain a to Child A's left arm. Child A's Mother 5 Ms. Jenkins questioned staff members in the infant 1 classroom on whether it was possible Child A stuck his arm in the slot spaces on the crib or whether any type of incident occurred which could explain this injury. No one at the center could identify an incident which resulted in Child A being injured. Ms. Jenkins discussed that Child A struggles to sleep in the crib and children in his classroom are not mobile so they could not see how another child could have caused the injury. Child A has no known health conditions and Ms. Jenkins even inquired to Child A's Mother whether Child A could possibly have brittle bone disease. Child A's Mother reported that she discussed brittle bone disease with Child A's doctor, and it was determined that he does not meet this diagnosis. Ms. Jenkins denied any prior concerns with child care staff members Madeline Barsheff, Kaylee Ray, and Lisa Perrault. Ms. Jenkins clarified that Ms. Perrault has contact with Child A for a few minutes in the mornin if he arrives before' AM since he is required to go to the infant 2 classroom before AM. Per Ms. Jenkins, staff get Child A to sleep by holding him, rocking him, or using the infant swing and bouncy seats. Ms. Jenkins denied knowing whether Child A goes to sleep with any equipment like a sleep sack or swaddle. Ms. Olsen inquired about the fire alarm incidences. On three separate occasions, three different children pulled the fire alarm in the gross motor room which resulted in the fire department coming to the center on each occasion. She was only aware of the classrooms evacuating for the first fire alarm. When the infant 1 classroom evacuated, they placed the infants in the evacuation crib to transition them outside. Four infants are placed in each evacuation crib. Ms. Jenkins provided attendance records for 03/01/2022 to present and she provided communications between the center and Child A's Mother from Brightwheel. On 03/23/2022, I interviewed child care staff member Madeline Barsheff. Ms. Barsheff has been employed at the center for years, and she is the lead caregiver

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R 400.8176 · R 400.8176 Sleeping equipment. (6) Car seats, infant seats, swings, bassinets, and play yards are not approved sleeping equipment.

On 03/23/2022, I observed Child B sleeping in an infant swing and Child C sleeping in an infant bouncy seat in the infant 1 classroom.

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R 400.8176 · R 400.8176 Sleeping equipment. (8) Swaddling with a sleep sack swaddle attachment or swaddle wrap is allowed only for infants up to 2 months of age. If a child has a health issue or special need that requires the child use a swaddle attachment or swaddle wrap after the child is 2 months of age, documentation from the health provider is required. The documentation must include specific sleeping instructions and time frames for how long the child needs to sleep in this manner, including an end date.

Child A's Father and child care staff member Kaylee Ray disclosed that Child A uses a sleep sack with a swaddle attachment when at the center. Child A is over 2 months of age, and the center does not have written documentation from a health provider to support Child A using the sleep sack with a swaddle attachment over 2 months of age.

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R 400.8110 · R 400.8110 Applicant; licensee; licensee designee; requirements. .......................... ............... (6) The licensee or licensee designee shall maintain accurate records detailing daily arrival and departure times for each child care staff member, child care aide, and volunteer.

Ms. Jenkins did not maintain accurate daily arrival and departure times for each child care staff member. Ms. Jenkin's arrival and departure times were not recorded and/or provided for 10/22/2020 and 10/23/2020. The attendance records for child care staff members in the Preschool 1 classroom were recorded in Brightwheel and on paper; the two records do not match.

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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. ........................................... ................................................................................................................................................................................................................

Ms. Jenkins did not ensure 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 was maintained on 10/22/2020. In the Preschool 1 room, 14 children were signed in on the Brightwheel app. However, only 13 children were signed out on the app. The written attendance record indicates 12 children were signed in and 11 children were signed out. Ms. Jenkin's stated that she was aware the records from 10/22/2020 were not accurate due to the implementation of Brightwheel.

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R 400.8182 · R 400.8182 Ratio and group size requirements. (3) In each room or well-defined space, the maximum group size and ratio of caregivers to children, including children related to a staff member or the licensee, shall be the following: (a) For infants and toddlers, there shall be 1 caregiver for 4 children and a maximum group size of 12.

On 11/23/2020, Ms. Jenkins did not ensure there was a ratio of 1 child care staff member to 4 children and a maximum group size of 12 in the Fellowship Hall during Ms. Libby's inspection. There were 17 children with 4 children under the age of 30 months being cared for in a mixed group by 4 child care staff members.

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R 400.8182 · R 400.8182 Ratio and group size requirements. (3) (b-d) In each room or well-defined space, the maximum group size and ratio of child care staff members to children, including children related to a staff member or the licensee, must be as shown in Table 4: TABLE 4 .C...h.i..l.d... .C...a...r..e.. .S...t.a...f..f. .M.....e..m....b...e..r.. .t..o.. .C....h..i..l.d... .R....a..t.i..o...s.. ............................................................................................................ Age Child Care Staff Maximum Member to Child Ratio Group Size ( Infants and toddlers. birth until 30 1 to 4 12 a) motuhs of age { Preschoolers, 30 months of age 1 to 8 16 b until 3 year, of age ( Preschoolers. 3 gears of age until 4 1 to 10 Not applicable c years of age Preschoolers. 4 years of age until 1 to 12 Not applicable school-age School-seers Ito 18 :Not applicable e

I There is insufficient evidence that Ms. Jenkins does not ensure compliance regarding the ratio of child care staff members to children for preschoolers. The interviews with all staff, Ms. Russell, Ms. Jenkins, and the unannounced inspections did not indicate non-compliance regarding the ratio of child care staff members to children. The significant inaccuracies in attendance of child care staff members and children is explained as a transition from paper records to electronic and does not in itself indicate a preponderance of evidence regarding non- compliance. Therefore, the allegation of ratio of caregivers to children as it applies to preschoolers is not established. Note: The center is not licensed to care for school-age children. I

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R 400.8525 · R 400.8525 Exits. (6) Means of egress shall be maintained in an unobstructed, easily traveled condition at all times that the center is in operation. Means of egress shall not be exposed to inherent hazards of the building, including the heating plant, flammable storage, commercial kitchen, or other similar conditions.

On 10/23/2020, Ms. Jenkins did not ensure that all means of egress were maintained in an unobstructed, easily traveled condition at all times the center is in operation and not exposed to flammable storage. Two center exits were marked indicating they were inaccessible. There were also two small propane tanks in a trash can in the hallway/corridor adjacent to the Fellowship Hall.

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R 400.8530 · R 400.8530 Hazard areas. (11) The center shall not permit flammable gases, gasoline, or gasoline-powered equipment in the part of a building that is used as a center or in other parts of the building from which there is a door, window, or other opening into 11 ...................................................... ......... the center, unless that part of the building is separated from the remainder of the building by minimum 2-hour fire resistive construction.

Ms. Jenkins did not ensure gasoline-powered equipment was not permitted in the part of a building that is used as a center or in other parts of the building from which there is a door, window, or other opening into the center. There was a gas-powered snow removal machine located in a hallway/corridor separated from the Fellowship Hallway by three wooden pocked doors.

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R 400.8170 · R 400.8170 Outdoor plav area. (3) A center operating with children in attendance for three or more continuous hours per day shall provide daily outdoor play, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled.

Ms. Jenkins did not ensure daily outdoor play was provided to all children, unless prevented by inclement weather or other weather conditions that could result in children becoming overheated or excessively chilled. Daily outdoor play was not provided to all children on multiple days in October 2020 and November 2020. Ms. Jenkins stated that she was aware she was not enforcing daily outdoor play for all children, but she had not been aware of the specific rule. ......................... ..... .......................................................................................................................................

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