R 400.1910(1) · R 400.1910(1) Ratio of personnel to children. The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age:

Upon arrival, Ms. Eggenberger was alone with 12 children from 10:39 AM until 10:53 AM. CCSM (M.E.) was in the home but not in the child care area with Ms. Eggenberger and the children

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1945(1)(e)(iv) · R 400.1945(1)(e)(iv) Emergency; plan; drill. Other man- or woman-caused events. Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.1943(5) · R 400.1943(5) Exit requirements for each floor level used by children. All exits must be unobstructed and accessible at all times. 2 LANDMARK BUILDING • 105 W. ALLEGAN STREET • LANSING, MICHIGAN 48933 Michigan.gov/MiLEAP Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.1925(2)(f) · R 400.1925(2)(f) Comprehensive background check; fingerprinting. Immediately disconnect each individual from the system once he or she is no longer a licensee, adult member of the household, child care assistant, child care staff member, or an unsupervised volunteer under the license." Technical Assistance Technical assistance is support and training given to the licensee/licensee designee on a specific rule. Technical assistance includes consultation on how the facility can best maintain compliance with a rule.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1934(7) · R 400.1934(7) Heating; ventilation; lighting; radon. All child-use areas must have adequate natural or artificial lighting. Bureau

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Open / not marked corrected.

R 400.1903 · R 400.1903 Licensee Responsibilities. ....................................... ...... ..................... (1) A licensee shall be responsible for all of the following: (a) When the child care home is in operation, the licensee shall be present in the home on a daily basis and provide direct care and supervision for the majority of time children are in care, except for any of the following circumstances: (i) Vacation or personal leave, which must not exceed 20 days within a calendar year. The 20 days of vacation or personal leave means the licensee is absent the entire day or at least 51% of the day when the child care home is operating. A licensee may have a short periodic absence from the home. (ii) Medical treatment and subsequent recovery.

On 4/21/2023 at 10:30 a.m.. I conducted an unannounced inspection at the child care home. The home is split so that the child care is separated from the living space. I observed 12 children with Child Care Staff Member 1 (CCSM1) and Adult Household Member 1 (AHM 1). AHM 1 has the requirements to be a Child Care Staff Member. Both CCSM1 and AHM1 are over 18 years old. They stated that Ms. Eggenberger was at an appointment out of the home. CCSM1 stated that Ms. Eggenberger usually works from 8:00 a.m. to 12:00 p.m. but is in and out of the child care portion of the home throughout the day. CCSM1 stated that there was not a written schedule for staff and that she only works one day a week. AHM1 stated he only helps in the child care when Ms. Eggenberger steps out. When I asked him a child's name, he admitted to not knowing their names because he had not worked there in several months. AHM1 stated that Ms. Eggenberger will sometimes be in the home on the other side while other people are working in the child care and that parents are aware of this. At about 11:15 a.m., Minor Child Care Staff Member 1 (MCCSM1) arrived. She stated that Ms. Eggenberger works all day, every day. MCCSM1 stated she is never alone. Either Ms. Eggenberger or CCSM1 is there with her. On 4/21/2023, I received an email from Ms. Eggenberger that included a calendar with the staff schedule for April. The calendar shows CCSM1 working more than once a week and AHM1 working several days before and after my inspection. The 3 schedule shows Ms. Eggenberger working full days from 8:00 a.m. — 6:00 p.m. except for three half days and two days she was not scheduled. On 4/28/2023, I spoke with Child A and B's mother. She described Ms. Eggenberger as being kind and attentive to Child A and Child B, but thought the program was not run the best. Child A and B's mother stated there is someone different at drop off and pick up each day. Sometimes there are two staff and sometimes only one person there. Child A and B's mother is not told of the staff schedule, and she is not aware of when Ms. Eggenberger will be there or not. She does not know who AHM1 is. Child A and Child B get dropped off between 8:30 a.m. and 9:00 a.m. They get picked up between 5:00 p.m. and 5:30 p.m. I spoke with Child C's mother. She stated she saw Ms. Eggenberger at drop offs, but did not see her when she picked up Child C. Child C gets dropped off between 8:00 a.m. and 9:00 a.m. Child C gets picked up between 5:00 p.m. and 6:00 p.m. Child C's mother stated that the licensee started locking the doors at pick up time so the parents can't just walk in. Child C's mother has not seen AHM1 providing care. I spoke with Child D's mother. She is generally happy with the care Child D receives at the home. She stated that she does not see Ms. Eggenberger in the home every day and she only sees one person at pick up, either CCSM1 or MCCSM1. Child D arrives between 8:30 a.m. and 9:00 a.m. Child D gets picked up between 4:45 p.m. and 5:30 p.m. I spoke with Child E's mother. She stated she trusts the care at the home and has no concerns about supervision. She sees Ms. Eggenberger in the mornings and CCSM1 and/or MCCSM1 in the afternoon. Child E gets dropped off between 8:00 a.m. and 8:30 a.m. Child E gets picked up between 5:00 p.m. and 5:30 p.m. On 5/31/2023, I spoke with Witness 1. Witness 1 stated that Ms. Eggenberger leaves anywhere from 14-16 children ages three months to four years with MCCSM1 to take care of them alone often. Witness 1 does not know where Ms. Eggenberger goes during the daytime, but she is not in the child care after drop -off. According to Witness 1, Ms. Eggenberger is present for drop- off but then leaves for the day. Witness 1 claimed that AHM1 never worked in the child care. He was supposed to one day about a year ago but did not like the screaming, so he watched the children through the cameras set up on the child care side of the home. The children were alone. On 6/5/2023, I completed

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1903 · R 400.1903 Licensee responsibilities.Responsibilities. (1) A licensee shall be responsible for all of the following provisions: (d) Inform parents when a child care staff member is providing care in the absence of the licensee.

On 4/21/2023, CCSM1, AHM1, and MCCSM1 all stated that children do not go outside by themselves. They stated there is always staff with them. During my inspection, I did not see any children outside alone. CCSM1 stated that staff members are sometimes on their phones, and she knows parents have complained about this. None of the parents I spoke with voiced concerns about being outside alone or staff being on the phone. On 5/31/2023, Witness 1 stated that the children are allowed to play outside alone twice a day. Witness 1 stated that parents have seen this and have brought it up to Ms. Eggenberger in the past. On 6/1/2023, I attempted to call CCSM1. There was no answer. I left a message. On 6/5/2023, Ms. Eggenberger and MCCSM1 both confirmed that children are not outside without a staff member. During my inspection, I did not see any children outside alone. Consultation was provided with instructions to never leave any child unattended. I did not see any staff members on their phone.

Open Not marked corrected in the state record

Open / not marked corrected.

R 400.1910 · ............ R 400.1910 j Ratio of personnel to children. (1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood. marriage, or adoption.

On 5/31/2023, Witness 1 stated that children in the nap room will cry and cry and not be attended to for an extended amount of time. On 6/1/2023, I left a message for CCSM1 to return my call. On 6/5/2023, Ms. Eggenberger denied that anyone lets children cry for too long. They check the nap room often and are attentive to the children's needs. Consultation was provided and I explained that what happens when Ms. Eggenberger is not in the child care is still her responsibility. MCCSM1 stated that some children whine a bit when they are laid down, but they do not cry for a long time. Someone checks on the children every 15 minutes. I did not witness any of the children in the nap room crying and not being responded to during my inspections on 4/21/2023 and 6/5/2023. 7

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1911 · R 400.1911 Care; supervision; children. . ........................................................................................................... (1) A licensee shall ensure appropriate care and su ervision of children at all times. ..............

On 5/31/2023, Witness 1 stated there was a day in February this year that the child care had run out of diapers. Ms. Eggenberger was not there, but staff called her to bring diapers. Witness 1 stated that it took three hours for Ms. Eggenberger to bring diapers, so some children were sent home in soiled diapers. On 6/1/2023, I attempted a phone call to CCSM1. There was no answer. I left a voice mail. On 6/5/2023, Ms. Eggenberger stated that parents provide diapers, and when their child starts getting low on diapers, they are required to bring more to the child care home. I observed several diapers for different children during my inspection. MCCSM1 stated there is always enough diapers in the home. None of the parents I spoke with voiced concerns about diapering.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1914 · R 400.1914 Daily activity program. ...................................... .... ............. 1) Personnel shall engage in positive interactions with children. For infants and toddlers, interactions may include, but are not limited to, all of the following: (b) Promptly responding to a child's cries and other signs of distress. ............................. ..................

The original allegations stated that children are not fed properly. On 4/21/2023, CCSM1 stated that there is not a printed menu, but she planned to make frozen pizza with a vegetable, some yogurt and milk. MCCSM1 stated that children can have seconds if they want more food. No child is hungry. On 4/28/2023, Child A and B's mother stated that Ms. Eggenberger provides breakfast, lunch, and two snacks. She said there is not a menu, and she does not know what the children eat. Child D's mother stated that food is provided, and when she asks for one, they give her a weekly schedule of meals. She stated Child D does get seconds. Child E's mother stated that the child care home provides food, and she also sends food that Child E will like. On 5/31/2023, Witness 1 stated there was a child that is no longer enrolled in the center that would sleep during lunch time and then not get fed after nap. On 6/1/2023, I tried to call CCSM1. I left a message and have not received a return phone call. On 6/5/2023, Ms. Egenberger stated that lunch is fed before nap. Everyone eats and then they lie down. When the children wake up from nap, they are fed snack. Ms. Eggenberger suspected that maybe someone saw the children hungry for snack and assumed they did not eat lunch. MCCSM1 stated the children are fed well. Snack is at 10:15 a.m. Lunch is at 11:30 a.m. — 12:00 p.m. The children nap from 1:00 p.m. — 3:00 p.m. and snack is at 3:00 p.m. when they wake up.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.1923 · 1 R 400.1923 Diapering and toilet learning. (3) Diapers or training pants must be changed when wet or soiled.

On 6/5/2023, Ms. Eggenberger stated that parents provide diapers and when their child's starts getting low on diapers, they are required to bring more in. I observed several diapers for different children during my inspection.

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

R 400.1931 · R 400.1931 Food preparation and service. (1) A licensee shall ensure that all of the following requirements are met: (b) Children shall be offered food at intervals as individually appropriate, but not to exceed more than 4 hours unless the child is asleep. ...............

MCCSM1 and Ms. Eggenberger confirmed the children do eat and there is less than 4 hours between when food is offered.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1913 · ..... .............................................. R 400.1913 Discipline; child handling. ..................................... ............................ (2) Developmentally appropriate positive methods of discipline that encourage self-control, self-direction, self-esteem, and cooperation must be used.

On 4/21/2023, CCSM1 and AHM1 failed to provide appropriate positive methods of discipline when they had Child C in a highchair for at least 45 minutes because she pulled hair and threw toys.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1916 · R 400.1916 Bedding and sleeping equipment. (13) None of the following are approved sleeping equipment for children 24 months of age or younger: (a) Infant car seats. (b) Infant seats. (c) Infant swings. (d) Bassinets. (e) High chairs. (f) Water beds. (g) Adult beds. (h) Soft mattresses. (i) Sofas. (j) Bean bags. (k) Other soft surfaces.

On 4/21/2023, I observed Child A sleeping in a swing.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1916 · R 400.1916 Bedding and sleeping equipment. (8) Soft objects, bumper pads, stuffed toys, blankets, quilts or comforters, pillows, and other objects that could smother an infant must not be placed with, under, or within reach of a resting or sleeping infant.

On 4/21/2023, I observed Child A sleeping with a blanket draped over his swing. .............

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1915 · R 400.1915 1 Indoor space; play equipment and materials. (2) Only space that has received prior approval for child use by the department may be used for child care.

While on-site on 01/06/2022 and 01/12/2022, the children were observed in the living room, the master bedroom, and bedroom #2, which are all licensed spaces. The kitchen and breakfast nook are also licensed and used by the children. The other areas of the home are not accessible to the children since the doors leading to those areas are kept closed. This prevents the children from having access to any portion of the home that is not licensed. Ms. Eggenberger stated that the children are not allowed in the other portions of the home and indicated that the doors are kept closed during child care hours. Ms. Eggenberger stated that this helps give her family their privacy and personal space. Mr. Eggenberger denied that the children are ever allowed in the unlicensed areas of the home and stated that the doors remain closed during child care hours. 4

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1910 · R 400.1910 Ratio of personnel to children. (1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood. marriaae. or adoption.

Additional details could not be obtained from the complainant regarding the allegations since no contact information was provided. On 01/06/2022, I conducted an unannounced on-site inspection with Child Care Licensing Consultant Alicia Wiggins. During the inspection Ms. Eggenberger and Mr. Eggenberger were caring for nine children. Ms. Eggenberger stated that she always maintains ratio. Ms. Eggenberger said that her son, Mr. Eggenberger works with her every day and indicated that they usually have between eight and ten children in care. Ms. Eggenberger provided me with attendance records for the following dates: • 12/29/2021-2 staff members with 8 children. • 12/30/2021-2 staff members with 9 children. • 01/03/2022-2 staff members with 8 children. • 01/04/2022-2 staff members with 10 children. • 01/05/2022-2 staff members with 8 children. Mr. Eggenberger stated that he works with his mother daily. He denied that he has ever seen the child care home out of ratio. On 01/12/2022, I conducted a follow-up unannounced on-site inspection. Ms. Eggenberger and Mr. Eggenberger were caring for 10 children.

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1911 · R 400.1911 Care; supervision; children. (2) A licensee or a child care staff member shall be present in the home at all times when children are in care.

Ms. Eggenberger denied having a boyfriend, and she denied leaving anyone besides a child care staff member in the home to care for the children. Ms. Eggenberger stated that Mr. Eggenberger is the only other child care staff member employed at this time. Her daughter Briana is a child care assistant, but she is never left alone with the children. Mr. Eggenberger stated that his mother does not have a boyfriend and denied that the children are ever left with anyone besides himself or his mother.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.1916 · 1 R 400.1916 Bedding and sleeping equipment. (2) All bedding and sleeping equipment must be cleaned before being used by another child.

Ms. Eggenberger said that the children are all assigned their own pack-n-play or cot and stated that children never share bedding before it is washed. She indicated that if the children bring their bedding from home, then it is sent home at the end of the week for the parents to wash. Conversely, if she supplies the bedding, then she washes it at the end of the week. Ms. Eggenberger stated that if the bedding gets soiled in between scheduled washes, she either immediately washes it, or provides new bedding to the children. While on-site I observed the two bedrooms that are used for napping and all pack-n- plays, cots, and bedding appeared clean and appropriate.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1932 · R 400.1932 Home maintenance and safety. (1) The structure, premises, and furnishings of a child care home must be in good repair and maintained in a clean, safe. and comfortable condition.

While on-site I observed the home, including the bathroom area. The entire home was clean and appropriate. The kitchen contained dish soap, and clean bottles/sippy cups were on the counter and in the cabinets. Ms. Eggenberger stated that she cleans up after the children and does a thorough cleaning of the home after the children leave for the day. Ms. Eggenberger stated that the children are assigned their own sippy cups and that each sippy cup is washed daily in the dish washer. Sippy cups provided by the child's parents are sent home with the children at the end of the day. Parents are responsible for bringing in a daily supply of bottles, which are sent home at the end of the day. The children are served snacks and meals on plates that are washed after every use in the dish washer. Ms. Eggenberger denied that the children are ever served food or drinks on dirty plates or in dirty cups. Mr. Eggenberger stated that the home is regularly cleaned. Mr. Eggenberger stated that he washes dishes and observes Ms. Eggenberger washing dishes throughout the day. Ms. Eggenberger denied that he has ever seen children being served on soiled plates or cups.

Open Not marked corrected in the state record

Category: nutrition. Open / not marked corrected.

R 400.1932 · R 400.1932 Home maintenance and safety. (2) All dangerous and hazardous materials or items must be stored securely and out of the reach of children.

I observed all the cabinets in the kitchen and the bathroom area that were within reach of the children. The safety locks on two of the kitchen cabinets were not functional but the items located in those cabinets were not dangerous or hazardous materials. access.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

R 400.1904b · R 400.1904b Child care assistant; requirements. (2) Prior to contact with children, the individual shall be determined by the department to be eligible to serve as a child care assistant, as required by R 400.1925.

was working at the child care and had not completed a comprehensive background check.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

R 400.1910 · R 400.1910 Ratio of personnel to children. (1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age: (a) Children of the licensee. (b) Children of a child care staff member or child care assistant. (c) Children related to any member of the household by blood, marriage, or adoption.

Ratio was not maintained at 1 member of the personnel to 6 children when Donna Eggenberger had 7 children outside by herself. .................................................... ..... ......................

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.1925 · R 400.1925 Comprehensive background check; fingerprinting. (1) Pursuant to section 5n of the act, MCL 722.115n, prior to an individual having any unsupervised contact with children, the department shall determine the individual's eligibility to be any of the following: (d) A child care staff member.

was working unsupervised at the child care and had not completed a comprehensive background check.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.