GS 110-91 · Violation

Name of Operation: BOILING SPRINGS BAPTIST DAY CARE Facility ID: 23000187 Consultant: TIFFANI SIMS Operation Type: Center Case Number: 0424-329L Visit Date: 4/30/2024 Number Present: 75 Completed Date: 4/30/2024 Age: From 0 To 5 Total Minutes: 200 Time In: 01:40 PM Time Out: 05:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today's unannounced complaint visit was to investigate a report alleging violations of child care requirements regarding usage of unlicensed and unapproved outdoor playground space. You, Mandi Abernathy/Administrator, and Melissa Bridges, Infant Lead Teacher, assisted me with the visit today. The Secretary of State website was checked on April 29, 2024, and your business, Boiling Springs Baptist Church of Cleveland County, was listed as current and active. If any changes to the corporation need to be made or you decide to sell your business, then you must notify me, Tiffani Sims, your child care consultant, at least thirty days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location, or inherited. A walk-through of the facility was completed today, and all indoor and outdoor areas were monitored. The facility currently operates with a four-stars rated license issued on May 25, 2021, earning five (5) points in staff education, six (6) points in the program standards, and one (1) quality point in the education option. The facility has the following restrictions: daytime care only, meets enhance ratios, and meets enhanced space. A walkthrough of the facility was conducted for both the indoors and outdoors environments. Children were observed during snack time, nap time, and indoor free play. Upon my arrival I observed at the entrance into the child care facility, a new unlicensed and unapproved outdoor playground space. The new unlicensed and unapproved outdoor playground space is located on the right and left side to the entrance into the child care facility. The right side of the unlicensed/unapproved outdoor playground space will be used by children from one (1) years of age to five (5) years of age. The unlicensed and unapproved outdoor playground space has a concrete walking/riding track and soft synthetic surfacing for fall zones. The right-side of the unlicensed and unapproved outdoor playground space is divided into two (2) sections and caution tape is used to divide the two spaces and as a barrier from the parking lot. The first unlicensed and unapproved playground section on the right side to the entrance into the child care facility is adjacent to two-classrooms used by children three years of age to five years of age has a large climbing composite playground piece with three slides, two (2) mushrooms for seating and/or climbing, and two (2) dramatic playhouses. This unlicensed and unapproved outdoor space has a large canopy used for shading with a park bench for seating. The second section of the unlicensed and unapproved outdoor playground space on the right side to the entrance into the child care facility is adjacent to the one year of age and two years of age classrooms. This section has an activity board, a climbing composite with stairs and one (1) slide, a barrel to climb through, and a canopy for shading and a park bench for seating. The unlicensed and unapproved outdoor space is not fenced, and caution tape is used as a barrier. On the left side of the entrance into the child care facility, the unlicensed and unapproved outdoor playground space will be used by children zero of age to one year of age. The unlicensed and unapproved outdoor playground space has grass sod and soft synthetic surfacing for fall zones. The equipment on the unlicensed and unapproved outdoor playground space included a treehouse with stairs and one (1) slide, a canopy for shading, two (2) tricycles, two (2) riding toys, two (2) rocking horses, and a dramatic playhouse. The unlicensed and unapproved outdoor playground space is not fenced. I did not observe children using the new unlicensed and unapproved outdoor playground during the visit today. On April 22, 2024, the following allegation was received. There was a concern as it relates “that the new playground is unsafe. It is not fenced, but in use.” children were not adequately supervised. You and the staff had an opportunity to ask questions, state perceptions of the situation and provide pertinent information in response to the allegation. I interviewed you and fourteen (14) staff concerning the use of the unlicensed and unapproved outdoor playground spaces. You and the staff interviewed stated that the left side unlicensed and unapproved outdoor playground is not used by staff and children ages infants to one (1) year of age. You and all staff interviewed stated that the unlicensed and unapproved outdoor playground space on the right side of the entrance into the child care facility has been used by children and staff. Children one (1) years of age to five (5) years of age have used this unlicensed and unapproved outdoor playground space for approximately two weeks. The unlicensed and unapproved outdoor playground space has been used two (2) to three (3) times per week for approximately thirty (30) to forty-five (45) minutes in the morning and afternoons. Based on observations and staff interviews, the allegation regarding a concern as it relates “that the new playground is unsafe and it is not fenced, but in use has been “confirmed”, and therefore substantiated. The following violation was documented during today’s visit: Violation Number Comment Rule 209 Children used space that was not approved. Based on staff interviews the four (4) new and unapproved outdoor playground spaces have been used by staff and children one (1) year of age to five (5) years of age for approximately two to three weeks. The four (4) new unapproved outdoor playground spaces have been used by staff and children at least two (2) to three (3) times per week in both the morning and afternoon. GS 110-91(1)&(4-5) 824 OOutdoor play area was not enclosed by fence with a minimum height of 4 feet. The top of the fence, less than six feet, was not free from protrusions. Today I observed four (4) new unapproved playground spaces that were not enclosed by a fence. Based on staff interviews the four (4) new unapproved playground spaces have been used by staff and children one (1) year of age to five (5) years of age for approximately two to three weeks. The four (4) new unapproved playground spaces have been used by staff and children for at least two (2) to three (3) times per week in both the morning and afternoon. GS 110-91(6); .0605((i) Technical Assistance based on violation cited: -Unapproved Space: Children are not permitted to occupy space that is not approved for child care. The playground was under construction during the last unannounced annual compliance monitoring visit conducted on March 25, 2024. We discussed, today, scheduling a visit with me in May 2024 to measure and approved the new playground spaces upon completion. -I suggested reviewing with all staff not using the unlicensed and unapproved outdoor playground spaces. I also suggested that you document the review of not using unapproved playground spaces as a meeting agenda topic and to have staff to sign that they understand the child care rule and will adhere to the child care rule until the new outdoor playground spaces has been approved by DCDEE. -Outdoor Playground Space We discussed the new outdoor playground space is considered unlicensed and unapproved. We discussed the unlicensed and unapproved outdoor playground spaces are not allowed to be used until the fence has been installed, and when I come back to measure the space and approve the space during a scheduled visit. We discussed reviewing with staff what approved outdoor gross motor space that can be used, which is the fenced outdoor play space that is located across from the entrance to the child care facility. Consultation: DCDEE Updates: What’s New Tab Please continue to visit DCDEE’s website to get the latest COVID-19 information for child care at https://ncchildcare.ncdhhs.gov/. This website enables you to view the entire Law and Child Care Requirements for North Carolina as well as download required forms. I encourage you to click on the “What’s New” tab for important updates impacting childcare in North Carolina. Compliance History: You must maintain at least 75% Compliance History for each 18-month period as required. Prior to today’s visit your compliance history was ninety-four percent (9. 4%). Please note any violations cited during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to a recommended administrative action. Compliance Letter: You must correct the violations found during today's visit immediately. Please send me a letter verifying compliance by May 14, 2024. Please include in that letter each item number and explain in detail how you corrected each violation and what plan will be implemented to prevent these violations from occurring again. Please sign the letter, include your facility name, ID number, visit date and mail the letter to my mailing address below or email the letter to me at tiffani.sims@dhhs.nc.gov Tiffani Sims PO Box 185 Glen Alpine, NC 28628 Failure to correct the violations and send the written statement by the due date listed above will result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. A follow-up visit will be conducted. An administrative action may be taken because of the substantiated complaint concerning children occupying unlicensed and unapproved outdoor playground space. If I can be of assistance in the future, or if you have any questions about this visit, please feel free to contact me at Tiffani Sims; PO Box 185, Glen Alpine, NC 28628; (828) 417-1648; tiffani.sims@dhhs.nc.gov or my supervisor Tammy McGalliard at tammy.mcgalliard@dhhs.nc.gov. Thank you for your time today. We appreciate all you are doing to serve the children and families of North Carolina. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times