KinderCare Learning Center #44

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.

Aside from the previously noted ratio violation, children receive appropriate care and supervision.

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R 400.8182 · (R 400.8182) which makes no distinction between children who are awake or asleep. Ms. Shuster said that outside of naptime, proper ratios are consistently maintained. Ms. Osman was working with Ms. Shuster in Discovery Preschool during my inspection. She also said that a caregiver-to-child ratio of 1:4 was consistently maintained. I interviewed Amber Sutton and Jordan Bailey who were working in the mobile infant room. There were seven children. Both CCSMs said a 1:4 ratio was consistently maintained. I interviewed Hailey Bowen in the infant room who has been employed for 2 1/2 years. She also said a ratio of 1:4 was consistently maintained. She and another CCSM were supervising seven infants during my inspection.

I interviewed the complainant by phone on 02/03/21. She said staff have supervised 17 children alone. This happens mostly at naptime when the preschool and Pre-K students combine with TK (transitional kindergarten) and the youngest child is typically three. One person leaves for a one-hour lunch break, while the other supervises the combined group. The lunch breaks are from 12:30 p.m. to 1:30 p.m. and from 1:30 p.m. to 2:30 p.m. I made an unannounced on-site inspection on 02/03/21 when lunch breaks were ready to start. I interviewed CCSM Mickayla Brown and McKenzie Simpson. They were supervising 16 Pre-K and TK (transitional kindergarten) children, age 3 to 5 years. They reported that there are up to 17 or 18 children present when one of them goes to lunch for about an hour. 2 Ms. Brown and Ms. Simpson who have worked with Pre-K, TK, and preschool children said proper caregiver-to-child ratios are consistently maintained outside of naptime. I checked the child care staff member (CCSM)-to-child ratios in the other classrooms. Proper ratios were maintained in all other rooms. In the preschool room where the youngest child was age 2 there was one CCSM with seven children 1/2 over age 30 months. In the toddler room (Discovery Preschool classroom), the youngest child was age 16 months. There were 12 children and three caregivers which included the program director, Ms. Shuster. She acknowledged that, except for infants, it was her understanding that it was acceptable to have a single person in the room with all other children if all children were sleeping. I acknowledged that there was once a policy as described and provided technical assistance for the

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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 Age Child Care Maximum Staff Group Size Member to Child Ratio a Infants and toddlers, Ito 4 12 birth until 30 months of age

The complainant said rooms are out of ratio when child care staff members (CCSMs) need to go to the kitchen to pick up food or use the restroom. Ms. Shuster denied this allegation. She said there may have been one occasion when she had to take a phone call and staff helped themselves to the food but said she routinely delivered the food to the rooms and that a cook now delivers the food to the rooms. None of the CCSMs reported that they needed to retrieve food for their class at lunchtime. Everyone said it was provided to them, including MicKayla Brown, Amber Sutton, Jordan Bailey, Abeer Osman and McKenzie Simpson. There was no evidence that restroom use was excessive, disruptive to the class or resulted in improper supervision. Except for the infant room, the CCSMs in adjacent classrooms can see over the three-foot patricians separating rooms as a second set of eyes when someone briefly leaves. Ms. Shuster said CCSMs will call to another room to assist with supervision as needed and try to do this at story time or when all children are seated to minimize potential disruption.

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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 Age Child Care Maximum Staff Group Size Member to Child Ratio b Preschoolers, 30 1 to 8 16 months of age until 3

Proper CCSM-to-child ratios are maintained in the preschool room.

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R 400.8182 · 1 R 400.8182 Ratio and group size requirements. (7) If there are children of mixed ages in the same room or well-defined space, then the ratio and group size is determined by the age of the youngest child, unless each group of children is clearly separated and the appropriate child care staff member-to-child ratios and group sizes, if applicable. for each aae aroup are maintained. 4

On 02/03/21, Ms. Simpson and Ms. Brown were supervising a group of 16 children age 3 to 5 years. They said it was typical for one person to supervise up to 17 or 18 children while one CCSM takes a lunch break.

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R 400.8330 · R 400.8330 Food services and nutrition generally. .................................................. .................................................................................................................................................................................................................. (5) A center shall provide adequate staff so that food service activities do not detract from direct care and supervision of children.

Food service activities do not detract from direct care and supervision 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 11/30/2021 the complainant stated that she worked in the preschool classroom covering breaks during naptime on 11/24/2021. It was during naptime that she observed Child A touching his genital area while he was on his cot. She informed Ms. Mahoney and Ms. Sirajeldia, and they state that Child A's behavior was age appropriate. She did not feel that his behavior was appropriate. On 11/30/2021 Ms. Vann stated that she was aware that Child A was touching his genital area during naptime. She was providing him with toys while he was on his cot 2 which was reducing the amount of time that Child A was touching himself. She did not inform anyone about Child A behavior. This behavior only occurred during naptime. Ms. Mahoney and Ms. Sirajeldia stated that they were aware of Child A touching himself during naptime, but his actions were age appropriate. On 12/01/2021 Ms. Schuster last day at the center was 10/22/2021. Ms. Oglesby informed her in September (she could not remember the exact date) that she had observed Child A touching his genital area during nap time while he was on his cot. Ms. Schuster informed her that Child A's behavior was age appropriate, and she instructed her to talk with Child A. Ms. Oglesby did not mention her concerns again. On 12/01/2021 I left a voicemail for Ms. Oglesby, and I did not receive a return phone call.

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