KinderCare Learning Center

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

The teachers in Toddler room B did not use plastic bags as bibs for the children. They modified the adult disposable aprons to use as bibs for the children.

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R 400.8280(2)(a) · R 400.8280(2)(a) Discipline (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, o r inflicting other forms of corporal punishment.

Appropriate discipline was not used when Teacher 1 aggressively placed Child A in the cool down area, and he admitted to being aggressive with Child A.

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

On 11/21/2022 I received an incident report from Ms. Lakeisha Brooks. The incident report stated that Ms. Wardlaw observed Ms. Mona Elisa inappropriately picked Child A up by one arm from her cot and carried her to the sink. Child A's Mother was notified, and Ms. Elisa was placed on administrative leave. Ms. Elisa denied the allegations. On 11/23/2022 Ms. Wardlaw stated that during naptime in the Toddler classroom Child A started crying on her cot. Ms. Elisa became frustrated with Child A and went over to Child A and picked her up off her cot by one arm and carried her across the classroom to the sink area in the corner. Ms. Elisa spoke to Child A in the corner, and she stopped crying. Ms. Wardlaw did not hear what was said but she did not believe that Ms. Elisa was trying to hurt Child A and she did not feel that Ms. Elisa was trying to be aggressive. Ms. Wardlaw has also observed Ms. Elisa swat different children on the hands and take their water bottles away from them when she was filling the children's water bottles and they were trying to take them before she was ready to give them to the children. This would happen a couple of times a day. Ms. Wardlaw stated she observed Ms. Elisa hit the children on the back of their heads once. She was not sure of the children's names. This occurred within the first couple of weeks after she started working at the center and in the Toddler classroom. The children have since moved to another classroom. Ms. Wardlaw and Ms. Elisa were the only staff members in the classroom when the incidents occurred. Ms. Wardlaw was not sure of the exact date that the incident occurred because she was not sure that what she had observed was wrong. Ms. Wardlaw stated that she did not tell anyone what she had observed because this was her first time working in a child care center and she did not feel that she had any power to talk to the child care staff that had been working at the center prior to her. She did not know if what she was observing was inappropriate behavior. It was not until she attended the staff meeting on November 17 when the district manager, Ms. Hood, explained inappropriate behavior. During the meeting Ms. Wardlaw asked if what she had observed would be defined as inappropriate, and she was told, yes. That was when she informed the assistant program director Ms. Brooks about what she had observed. On 11/23/2022 Ms. Hood stated that she did not know the exact date that the incident occurred, and Child A's Mother was informed. Ms. Elisa was placed on administrative leave by Ms. Brooks. She was not sure of the exact date and Ms. Brooks was not at the center. Ms. Hood stated that she was not aware of any 3 previous concerns about Ms. Elisa's behavior in the classroom. She was not sure what Ms. Harker was aware of related to Ms. Elisa's behavior. The center has a zero-tolerance policy when it comes to inappropriate behavior, and it should have been reported if Ms. Harker was aware of Ms. Elisa hitting the children. On 11/23/2022 Ms. Loesser, Ms. Alkhazaali, and Ms. Abdulmaseeh all stated that they never observed Ms. Elisa being inappropriate with the children. Ms. Elisa could be loud in her tone but not aggressive or inappropriate. They never observed Ms. Elisa hitting or holding children by their arms. On 11/23/2022 Ms. King stated that she has observed Ms. Elisa swatting the children. When the children were touching each other, Ms. Elisa would say "stop doing it" and swat the children's hands. Ms. King did not know the names of the children, but she did inform Ms. Harker, the program director, when it occurred in April or May of 2022. She did notice a change in Ms. Elisa's behavior after she spoke with Ms. Harker. Ms. Elisa was calmer with the children in the classroom. Ms. Elisa was loud in the classroom with the children, but she would not yell at them. On 12/06/2022 Ms. Harker stated that she did not recall anyone expressing concerns about Ms. Elisa's behavior. She has worked in the c

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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 04/26/2022, I conducted an unannounced onsite inspection at Kindercare Learning Center in Troy. We interviewed Program Director Jennifer Harker, Lead Toddler 1 Caregiver Paige Perell, and Assistant Toddler 1 Child Care Staff Member Rachel Tomlin. Child A attends this center and is enrolled in the Toddler 1 classroom. Ms. Harker stated that Ms. Perell observed Assistant Toddler 1 Child Care Staff Member Christine Horak roughly handling Child A during a diaper change. Ms. Horak grabbed Child A by the ankles and aggressively pushed Child A down onto the diaper table during a diaper change. Child A kicked his feet towards Ms. Horak, and Ms. Horak yelled, "Stop!" Ms. Harker said she did not witness the incident herself and indicated that the center does not have cameras. Ms. Harker said she was told by Ms. Perell about the incident between Child A and Ms. Horak on 04/11/2022. Ms. Harker stated she spoke to Ms. Horak about her behavior and provided training on the center rules for guidance, protection, and respect of children (KinderCare OP-300) on 04/12/2022. Ms. Horak appeared to be receptive of the training and Ms. Harker was satisfied with the outcome of the meeting. Ms. Harker informed me that Ms. Horak was not working at the center at the time of our onsite inspection. She was placed on administrative leave due to allegations of inappropriate conduct involving a second incident that involved Child B. Ms. Harker said Ms. Horak would remain on leave during our investigation. Next, we interviewed Ms. Perell. She stated that she has worked with Ms. Horak in the Toddler 1 Room for about a year. She observed Ms. Horak forcefully grab Child A's ankles and push them onto the diaper table on 04/11/2022. Ms. Perell was concerned about Ms. Horak's interactions with Child A and told her not to do that to Child A. Ms. Perell felt that the Toddler 1 room was a stressful environment for Ms. Horak. She 3 observed Ms. Horak struggle to appropriately care for children who exhibit difficult behaviors, such as not listening or following classroom rules. Ms. Perell said she did not observe any marks or bruising on Child A after the diaper change. Ms. Perell said she is concerned with Ms. Horak's tone with children. She heard Ms. Horak harshly say, "Put your feet down on the floor!" and "Stop it!" towards children. Last, we interviewed Ms. Tomlin. She stated she has worked in the Toddler 1 classroom for the last two months. Ms. Tomlin said that Ms. Horak is loud towards children, and she uses an aggressive tone towards the children. Ms. Tomlin said Ms. Horak initially used her voice to try to control the children and later became physical with children. Ms. Tomin said that Ms. Horak was easily overwhelmed by the children's behaviors, especially Child A's. He can have difficult behaviors. He is a very busy child. Ms. Tomlin noted that she spoke to Ms. Harker about Ms. Horak's harsh tone with children about a week after she was hired. She told Ms. Harker that she was concerned about Ms. Horak's interactions with children. Ms. Tomlin observed Ms. Horak change Child A's diaper on 04/11/2022. She indicated that Ms. Horak aggressively grabbed Child A's legs and slammed them onto the table, and firmly stated, "All done!" to Child A (Kicking his feet). Ms. Tomlin mentioned that Child A had red marks on his ankles, but they went away. Ms. Tomlin heard Ms. Perell tell Ms. Horak that the way she handled Child A is "too much," and she cannot be aggressive with children. Ms. Perell and Ms. Tomlin both stated that they were trained on the center's discipline policy at the time they were hired and have on-going training regarding center policies. Both indicated that they use redirection and verbal reminders to guide and discipline children in the Toddler 1 classroom. Physical discipline is never allowed. On 04/26/2022 I received an employee and manager coaching form, sent by Ms. Harker. The discussion notes were signed by Ms. Harker and Ms. Horak on 04/12/2022

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R 400.8158 · 1 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: (b) An incident involving an allegation of inappropriate contact.

On 04/26/2022, I conducted an onsite inspection at Kindercare Learning Center in Troy. Weinterviewed Program Director Jennifer Harker, Lead Toddler 1 Caregiver Paige Perell, and Assistant Toddler 1 Child Care Staff Member Rachel Tomlin. Child B is enrolled in the Toddler 1 classroom. We interviewed Ms. Harker. She stated Ms. Horak brought her an incident report to sign on 04/11/2022. The incident report stated the following, "Child B was standing on his cot when he tripped and fell, resulting in a bruise on his left cheek."The date listed on the incident report was 04/11/2022 and the time was 12:25pm and that ice and tender, love, and care (TLC) was provided. Ms. Harker signed the report. She stated she had no reason not to believe Ms. Horak. However, the following day, 04/12/2022, Ms. Perell told her the incident report was untrue, and that Ms. Horak pushed Child B down onto the cot, which resulted in the injury to Child B's face. Due to the allegation, Ms. Horak was placed on administrative leave. We interviewed Ms. Perell. She stated on 04/11/2022 she worked with Ms. Horak in the Toddler 1 Room. At nap time she observed Child B get on and off his cot. Child B was on his cot on his hands and knees. Ms. Horak pushed Child B with her hand(s) onto his stomach. Ms. Perell said Child B did not cry and she did not notice any bruising on Child B's face at the time of the incident. Ms. Perell told Ms. Harker about the incident the following day, 04/12/2022. We interviewed Ms. Tomlin. She recalled that Child B did not want to take a nap on 04/12/2022. Child B got on and off his cot. When Child B moved his feet off his cot, Ms. Horak shoved his feet back onto the cot. Ms. Tomlin observed Ms. Horak shove Child B's feet back onto his cot five or six times. Eventually, Ms. Tomlin took children that A were not sleeping for a walk outside of the classroom. On 04/12/2022, Child B arrived at school with a large linear bruise under his right eye. Ms. Tomlin asked what happened to Child B's face, and Ms. Horak said, "He fell on his cot." Ms. Tomlin did not recall Child B fall at all during naptime. This incident was not reported to Child A's Mother or the department. I told Ms. Harker she is required to report incidents of inappropriate contact between a staff member and child to parents and the department within 24 hours of the incidents. I informed Ms. Harker that allegations of abuse and ne lect are required to be reported immediately. The allegation was not reported to until 04/22/2022 after I told her to report it. On 06/15/2022 I received signed child abuse and neglect statements for Ms. Perell and Ms. Tomlin. The statement indicated that that they are aware that suspected abuse and neglect will be reported immediately. Ms. Perell signed the statement on 09/25/2015 and Ms. Tomlin signed the statement on 04/2212022. However, she started work at the center on 02128/2022. On 04/27/2022, I interviewed Child B's Mother and Father. Both Child B's Mother and Father stated they received incident reports form the child care facility regularly and understand that young children do fall and get hurt from time to time. However, Child B's Mother stated the incident report that was received on 04/12/2022 was unusual. It had three staff member's signatures on it, and that is not F typical. It usually just lists one name. She also mentioned it was not signed right away. The incident occurred at 12:45 pm and was not signed by the director until later in the evening. Child B's Mother and Father were not contacted by Ms. Harker or notified of the pending allegation. Child B's Mother and Father are concerned with the lack of communication from Ms. Harker regarding this incident. Outside of that, they have no other concerns about the child care facility. On 0512412022 l interviewed Ms. Horak. She said she worked in the Toddler 1 classroom from March 2021 to April 2022. Ms. Horak recalled the incident with Child B on 04/1112022. She stated she tried to get Ch

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R 400.8158 · 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.

A written report was not submitted within 72 hours. The written report was submitted on 04/26/2022. The incident occurred on 04/12/2022.

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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.

All staff did not provide appropriate care and supervision of children at all times. On 04/11/2022, Child B was "wiggly" on his cot. Ms. Horak did not attempt to calm Child B in appropriate ways or provide support to Child B during transition time. She physically forced Child B to lie down.

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R 4fl8.8125 Staff; volunteer; requirements. ............................................................................................................................................................................................................................................................................................................................. (2) All staff and volunteers shall act In a manner that Is conducive to the welfare of children.

On 0411112022, Ms. Horak did not act in a manner that is conducive to the welfare of children when she pushed Child B onto his cot, resulting in a bruise on the left side of his face. Ms. Horak was not forthcoming with information. She initially informed Ms. Harker, parents, and other staff members that Child B fell on his cot. It was determined that was untruthful.

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R 722.115q(1) · R 722.115q(1) Child care center, group child care home, or family child care home; contact with child by licensee, child care staff member, or household adult member prohibited; conditions. (1) If a central registry clearance documents that a licensee, child care staff member, or adult member of the household is named in a central registry case as a perpetrator of child abuse or child neglect, he or she is ineligible to receive a license to operate a child care center, group child care home, or family child care home, be an adult member of the household, or be a child care staff member.

CONCLUSION: VIOLATION ESTABLISHED 9

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R 400.8158 · 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.

A written report was submitted to the department on 04/26/2022.

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. (5) A written statement must be signed and dated by staff and volunteers at the time of hiring or before volunteering indicating all of the following information: (c) The individual knows that all staff and volunteers are required by law to immediately report suspected abuse and lect to children's protective services.

Child abuse and neglect statements were not signed at the time of hire. On 06/15/2022 I received signed child and abuse neglect statements for Ms. Perell and Ms. Tomlin. The statement indicated that that they are aware that suspected abuse and neglect will be reported immediately. Ms. Perell signed the statement on 09/25/2015 and Ms. Tomlin signed the statement on 04/22/2022. However, she started work at the center on 02/28/2022. I

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