EMU Children's Institute

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.

Lead Teacher provides appropriate care and supervision of the children. She did not squeeze Child A's neck.

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

Lead Teacher provides positive methods of discipline. She did not squeeze Child A's neck.

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

Four children's medications were expired.

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R 400.8330 · R 400.8330 Food services and nutrition generally. (4) A center shall ensure a child who has special dietary needs is provided with snacks and meals in accordance with the child's needs and with the instructions of the child's parent or licensed health care provider.

On July 22, 2022, Chris Finch the program director for the center called to report Child A was given the wrong food by the child care staff members. Ms. Finch explained that Child A is allergic to eggs and brings her own food to the center, however the child care staff members gave her the hot lunch the center provided for the child care children. I asked Ms. Finch if the hot lunch contained eggs and if Child A had to receive medical treatment? Ms. Finch said the food did not contain eggs and no medical treatment was needed. On July 25, 2022, I made an unannounced onsite inspection to the child care center and further discussed the allegations with Ms. Finch. During the onsite inspection I viewed the kitchen where Ms. Finch explained their process for assuring children receive the correct food. There is a sheet on the wall of the kitchen with the names of the children who have allergies and different food preferences. The cabinet with the plates have green plates for vegetarians, red plates for those with allergies, and purple plates for those who cannot have beef or pork. They have folders on the walls with corresponding colors labeled with the children's names with additional information regarding their food preferences. Since the incident with Child A occurred, they have added the step of wrapping the plates of children who bring their own food with plastic wrap, with a label on the wrap that says brings own food with the child's name. Ms. Finch said this will trigger anyone serving food to look for the lunch box of the child listed to give them their own food and not serve them the food provided by the center. Ms. Finch and I also viewed the board in the classroom. The board in the classroom has the food allergies listed and in another column a list that states provides own food. I suggested listing all the requirements for each child in the same column, as a child care staff member might look at the first column with the child's name and not the other columns. During the onsite inspection on July 25, 2022, I interviewed child care staff member Connor Parker. C. Parker was in the classroom when Child A was served the wrong lunch, however, was not in charge of serving lunch. C. Parker realized that Child A had either not eaten or been given something else to eat at snack time upon looking in her lunchbox to get the snack and seeing the lunch was still in there. I asked C. Parker what they served for lunch on the day Child A received the center lunch? The children had turkey burgers and steak fries, there were no eggs in anything they served. During the onsite inspection I completed an exit conference with Ms. Finch. We discussed the rule violation and the plans she had already implemented to correct the situation. 3 On July 25, 2022, I spoke to Child A's Mother. We discussed the allegations in the complaint. Child A's Mother stated that last Thursday (July 21, 2022) her daughter was given the wrong food. She went on to say Child A told her she did say out loud that she needed her lunch box, but no one heard her. Child A's Mother said she feels that if the child care staff members were not used to serving lunch in that classroom, they should have been extra diligent in assuring, they served the food correctly. She went on to say that she is happy with the way the center has responded to the incident and thinks the extra processes they have implemented will assure the safety of the children with food allergies. On July 29, 2022, I received a phone call from child care staff member Alistair Halton. A. Halton stated that he served lunch in the Green Room on July 21, 2022. A. Halton had served lunch in the Green Room before, however never when Child A was in the classroom. A. Halton stated that prior to serving lunch he looked at the food chart in the kitchen to check for allergies and served the food accordingly. A. Halton was unaware that any children brought in their own lunch, therefore thought checking the chart in the kitc

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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 May 27, 2022, I made an unannounced onsite inspection to the child care center. The program director Chris Finch was not available; however, a child care staff member called her so we could speak via telephone. Ms. Finch was aware of the allegations in the complaint. She stated that the lead child care staff member in the classroom, Ms. Carrie Glover would be able to provide additional information. During the onsite inspection I interviewed child care staff member Carrie Glover. Ms. Glover stated that she was aware of the allegations in the complaint. Ms. Glover stated that she had never seen C. Hayes touch Child A or any other child inappropriately. She went on to state that C. Hayes is very affectionate and sometimes hugs the child care children and gives them high fives. When they are on the playground, they pretend to be a dragon and chase the child care children. The majority of the children enjoy the dragon game; however, Child A (female, age 3 years) is very shy and stays away from C. Hayes and the other children when they are playing loudly or running around. Ms. Glover stated that it took Child A sometime to warm up to her when she first started, she is a very shy child, does not like to be touched, and does not like loud noise. She did not find it odd for Child A to shy away from C. Hayes, as C. Hayes was a new child care staff member and very animated when interacting with the children. Ms. Glover said C. Hayes previously worked in a child care home and was used to giving hugs, she explained to C. Hayes that some of the children in the center may not be comfortable with being asked for hugs and suggested waving or giving high fives instead. I asked how C. Hayes responded to her suggestion. She stated C. Hayes was receptive and did not continue to ask for hugs. On May 27, 2022, I received a copy of Detective Hinckley's police report and reviewed the information provided in the report. The police report indicated that Detective Hinckley spoke to Child A's Mother. Child A's Mother indicated that Child A cried prior to going to the center, because child care staff member Connor Hayes touched her all over. Child A's Mother asked what she meant by that; however, Child A did not provide additional information. Child A's Mother further stated that she observed C. Hayes asking Child A for a hug and when she said no C. Hayes said, "okay with a whinny voice and frown." Child A's Mother stated this was emotional manipulation and children should not be manipulated into providing affection. 3 On June 7, 2022, I made an onsite inspection at the child care center. I spoke to the program director Christine Finch. Ms. Finch stated C. Hayes is a new student employee and has been working at the center approximately four weeks. C. Hayes is still in supervised status, therefore has not been left alone with any child care children. Ms. Finch does not suspect anything inappropriate has occurred. During the onsite inspection I interviewed child care staff member Conner Hayes. I made C. Hayes aware of the allegations in the complaint. C. Hayes acknowledged asking the child care children for hugs and/or high fives at the end of the day. C. Hayes explained that working in a home child care this was acceptable, as the children were more familiar with C. Hayes and had a more comfortable relationship. I asked C. Hayes when asking children at the center for hugs or high fives if they said no what would be the response. C. Hayes stated the response was "okay" and nothing else. C. Hayes explained that Ms. Glover explained that not all children were comfortable with high fives or hugs, there fore C. Hayes no longer suggest these things, but allows the child care children to initiate how they want to engage. On June 7, 2022, I called Child A's Mother there was no answer to the phone call. On July 18, 2022, I received an email from Detective Heather Hinckley wanting an update on the status of the investigation. On July 21, 2022, I called and left a

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