NC GS 110-90 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: KIA REID Operation Type: Center Case Number: 0426-298L Visit Date: 4/23/2026 Number Present: 65 Completed Date: 4/23/2026 Age: From 0 To 5 Total Minutes: 205 Time In: 09:50 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Self Report Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to obtain information related to a self-report received by the Division. You, Special Washington, Assistant Director, assisted me with the visit. Upon arrival, I was greeted by Ms. Washington. We completed a general walk-through of eight (8) classrooms. There were ten (10) staff, and sixty-five (65) children present during the visit. Children throughout the facility were observed participating in circle time, personal care routines and eating lunch. Infants were napping and in feeding routines. Casey Jones, Director was not present today. Limited monitoring of child care requirements was conducted during the visit. Supervision, staff/child ratios, use of adequate/approved space, permit restrictions and nutrition requirements were monitored. The License and emergency care plan were posted. On 4/16/26 I received a message from Casey Jones, Director, informing me that the child named in the report was given the wrong bottle to drink twice during lunch and afternoon snack. The teachers in the infant classrooms did not verify the names on the bottles prior to feeding. The child named in the report drank formula intended for another child; however, she did not experience any allergic reactions. The error was identified at pickup when the parent of the child whose bottles were mistakenly given to the child named in the report informed the teachers that she could not locate her child’s bottles. Upon review, the bottles were found in Infant B and determined that the bottles were given to the child named in the report. The parent was notified of the incident as well as Kindercare corporate department. There are two infant classrooms (Infant A and Infant B). Infant B is a classroom for young toddlers, and some children may still require bottles. The bottles for Infant B are stored in the refrigerator in the Infant A classroom. According to the center’s policy there is a two-step verification required for every feeding. Say the name on the bottle and look at the infants face to confirm. Have another staff member verbally confirm the name on the bottle matches the infant’s face. The teachers did not follow this policy. Documents reviewed and received today: -The incident was documented on 4/16/26. -The safety violation write up on 4/16/26. -On 4/22/26 the teachers named in the report completed the Kindercare training “Infant Teacher Certification” on 4/22/26. This training is required before any staff work in the infant classroom. -The safe bottle feeding policy was signed by all staff that work in the infant classroom on 4/22/26. During the observation in the Infant A classroom, two children required bottle feedings. The teacher followed the center’s safe bottle-feeding policy, and the assistant director verified the bottles prior to them being given to the children. I observed no concerns with nutrition during today's visit The following violation of the Child Care Requirements was documented today. Violation Number Comment Rule 1887 Each infant was not served only bottles labeled with their individual name. A child in Infant B was given the wrong bottles to drink during two feedings. .0902(d) Your compliance history prior to today’s visit was 83%. Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. TECHNICAL ASSISTANCE The following are suggestions and strategies to assist you in addressing the concern or to avoid potential violations or improve the quality of your program. The arrangement of storing Infant B bottles in Infant A increases the risk of bottle mix-ups. Without careful labeling, organization and verification there is a greater chance of a child receiving the wrong bottle. If children require bottles in Infant B, those bottles should be stored in the refrigerator that is in their classroom. The risk of giving children the wrong bottle is significant and can impact both health and safety. Severe allergic reactions or digestive issues could occur putting the children at risk. In addition, on-going monitoring by administration is recommended to ensure that all teachers are consistently complying with the center’s bottle feeding policies. Contact me at (919) 819-9378, Kia.Reid@dhhs.nc.gov or Holli Hemby, Supervisor, 919-819-9363, Holli.Hemby@dhhs.nc.gov if you have questions. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .2818 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: KIA REID Operation Type: Center Case Number: Visit Date: 1/14/2026 Number Present: 61 Completed Date: 1/14/2026 Age: From 0 To 5 Total Minutes: 225 Time In: 09:30 AM Time Out: 12:45 PM Time In: 04:00 PM Time Out: 04:30 PM List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for an annual compliance visit. You, Casey Jones, Director, was present and assisted me during the visit. Your program currently operates with a five-star license, issued September 19, 2025, using the Accreditation Licensure Pathway. The center meets staff/child ratios in accordance with the National Accreditation Commission for Early Care and Education Programs. The last annual compliance visit was conducted 1/21/25. The sanitation inspection was completed 10/6/25 with a “Superior” classification. The last fire inspection was conducted1/5/26, and your facility was approved for daytime and night care only. *The last documented fire drill was conducted on December 29, 2025. *The last documented playground inspection was completed on January 6, 2026. *The last documented shelter-in-place drill was completed on November 3, 2025. Prior to today's visit I reviewed the NC Secretary of State's website and observed that the owner of this facility, Kindercare Education LLC is listed as current/active. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety two percent as of 1/13/26. You visited each indoor and outdoor space with me. Children throughout the facility were participating in group time, free play in activity areas, transitions, personal care routines, in outdoor play and eating lunch. Infants received care according to individual needs including diapering and bottle feeding. Nine violations were observed today and must be corrected immediately. The violations are as follows: Violation Number Comment Rule 319 Staff/child ratios applicable to a classroom, were not posted in each classroom. The center has chosen to meet staff/child ratio requirements set forth by the National Accreditation Commission for Early Care and Education Programs. The staff/child ratio form for accreditation was not posted. .0713(a)(10), (c) & (f)(3); .2818(e) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. A medication authorization form was not on file for zinc oxide in space #1. 10A NCAC 09 .0803(1)(a & b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #3 small wiggly eyes were being used for an art project with the children under three years of age. .0604(q) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The playground inspections for September, November and December 2025 were not available for review. The monthly playground inspections were not completed by an individual trained in playground safety. .0605(q) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. In space #4 foam letters were in the art area and in space #5 two sets of foam blocks were available to the children under 3 years of age. .0604(q) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. Two staff did not have first aid training available for review, the first aid training for one staff expired on 11/11/25, and one staff completed an unapproved course for First Aid. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. Two staff did not have CPR training available for review, the CPR training for one staff expired on 11/11/25, and one staff completed an unapproved course for CPR. .1102(d) 1314 Emergency information did not name childs health care professional. Two children's applications did not include the health care professional. .0802(c)(2) 1756 Enhanced staff/child ratios and group sizes were not met. The center has chosen to meet staff/child ratio requirements set forth by the National Accreditation Commission for Early Care and Education Programs, and was not in compliance today. In space #1, there was one teacher with 5 infants. In space #2, there was one teacher with 5 children, 1 infant and 4 children one year of age. In space #3 there was one teacher with 9 children, 4 children four years of age and 5 children three years of age. In space #4 there were two staff with 9 children, one-two years of age. In space #5 there were two staff with 14 children two years of age. 10A NCAC 09 .2818 Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. The program’s compliance history was eighty-three percent as of 1/13/26. The violations documented must be corrected immediately. On or before January 28, 2026. I must receive a written, dated, and signed compliance letter that describes accurately and in detail how the violations were corrected. Email the letter to: Kia.Reid@dhhs.nc.gov -Name, position -Facility name -Facility ID number TECHNICAL ASSISTANCE -The staff/child ratio you chose to meet is in accordance with the National Accreditation Commission for Early Care and Education. The program no longer meets enhanced staff/child ratios. The classroom staff to child ratio for accreditation must be posted in each classroom. -Your staff should be reminded to conduct a walk-through of the classroom prior to the children occupying the space, to ensure all materials are age appropriate for the children in care. Safety is a priority when caring for young children. *Please check the Division of Child Development and Early Education website: ncchildcare.ncdhhs.gov frequently and click the “what’s new” tab to stay informed of all updates available to you. A follow-up visit will be made due to the staff/child ratio violation cited. At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. If you have any questions or if I can be of any assistance, please feel free to contact me at (919) 819-9378. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

NC GS 110-90 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: KIA REID Operation Type: Center Case Number: Visit Date: 1/14/2026 Number Present: 61 Completed Date: 1/14/2026 Age: From 0 To 5 Total Minutes: 225 Time In: 09:30 AM Time Out: 12:45 PM Time In: 04:00 PM Time Out: 04:30 PM List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for an annual compliance visit. You, Casey Jones, Director, was present and assisted me during the visit. Your program currently operates with a five-star license, issued September 19, 2025, using the Accreditation Licensure Pathway. The center meets staff/child ratios in accordance with the National Accreditation Commission for Early Care and Education Programs. The last annual compliance visit was conducted 1/21/25. The sanitation inspection was completed 10/6/25 with a “Superior” classification. The last fire inspection was conducted1/5/26, and your facility was approved for daytime and night care only. *The last documented fire drill was conducted on December 29, 2025. *The last documented playground inspection was completed on January 6, 2026. *The last documented shelter-in-place drill was completed on November 3, 2025. Prior to today's visit I reviewed the NC Secretary of State's website and observed that the owner of this facility, Kindercare Education LLC is listed as current/active. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety two percent as of 1/13/26. You visited each indoor and outdoor space with me. Children throughout the facility were participating in group time, free play in activity areas, transitions, personal care routines, in outdoor play and eating lunch. Infants received care according to individual needs including diapering and bottle feeding. Nine violations were observed today and must be corrected immediately. The violations are as follows: Violation Number Comment Rule 319 Staff/child ratios applicable to a classroom, were not posted in each classroom. The center has chosen to meet staff/child ratio requirements set forth by the National Accreditation Commission for Early Care and Education Programs. The staff/child ratio form for accreditation was not posted. .0713(a)(10), (c) & (f)(3); .2818(e) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. A medication authorization form was not on file for zinc oxide in space #1. 10A NCAC 09 .0803(1)(a & b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #3 small wiggly eyes were being used for an art project with the children under three years of age. .0604(q) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The playground inspections for September, November and December 2025 were not available for review. The monthly playground inspections were not completed by an individual trained in playground safety. .0605(q) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. In space #4 foam letters were in the art area and in space #5 two sets of foam blocks were available to the children under 3 years of age. .0604(q) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. Two staff did not have first aid training available for review, the first aid training for one staff expired on 11/11/25, and one staff completed an unapproved course for First Aid. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. Two staff did not have CPR training available for review, the CPR training for one staff expired on 11/11/25, and one staff completed an unapproved course for CPR. .1102(d) 1314 Emergency information did not name childs health care professional. Two children's applications did not include the health care professional. .0802(c)(2) 1756 Enhanced staff/child ratios and group sizes were not met. The center has chosen to meet staff/child ratio requirements set forth by the National Accreditation Commission for Early Care and Education Programs, and was not in compliance today. In space #1, there was one teacher with 5 infants. In space #2, there was one teacher with 5 children, 1 infant and 4 children one year of age. In space #3 there was one teacher with 9 children, 4 children four years of age and 5 children three years of age. In space #4 there were two staff with 9 children, one-two years of age. In space #5 there were two staff with 14 children two years of age. 10A NCAC 09 .2818 Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. The program’s compliance history was eighty-three percent as of 1/13/26. The violations documented must be corrected immediately. On or before January 28, 2026. I must receive a written, dated, and signed compliance letter that describes accurately and in detail how the violations were corrected. Email the letter to: Kia.Reid@dhhs.nc.gov -Name, position -Facility name -Facility ID number TECHNICAL ASSISTANCE -The staff/child ratio you chose to meet is in accordance with the National Accreditation Commission for Early Care and Education. The program no longer meets enhanced staff/child ratios. The classroom staff to child ratio for accreditation must be posted in each classroom. -Your staff should be reminded to conduct a walk-through of the classroom prior to the children occupying the space, to ensure all materials are age appropriate for the children in care. Safety is a priority when caring for young children. *Please check the Division of Child Development and Early Education website: ncchildcare.ncdhhs.gov frequently and click the “what’s new” tab to stay informed of all updates available to you. A follow-up visit will be made due to the staff/child ratio violation cited. At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. If you have any questions or if I can be of any assistance, please feel free to contact me at (919) 819-9378. 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

10A NCAC 09 .0803 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: KIA REID Operation Type: Center Case Number: Visit Date: 1/14/2026 Number Present: 61 Completed Date: 1/14/2026 Age: From 0 To 5 Total Minutes: 225 Time In: 09:30 AM Time Out: 12:45 PM Time In: 04:00 PM Time Out: 04:30 PM List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for an annual compliance visit. You, Casey Jones, Director, was present and assisted me during the visit. Your program currently operates with a five-star license, issued September 19, 2025, using the Accreditation Licensure Pathway. The center meets staff/child ratios in accordance with the National Accreditation Commission for Early Care and Education Programs. The last annual compliance visit was conducted 1/21/25. The sanitation inspection was completed 10/6/25 with a “Superior” classification. The last fire inspection was conducted1/5/26, and your facility was approved for daytime and night care only. *The last documented fire drill was conducted on December 29, 2025. *The last documented playground inspection was completed on January 6, 2026. *The last documented shelter-in-place drill was completed on November 3, 2025. Prior to today's visit I reviewed the NC Secretary of State's website and observed that the owner of this facility, Kindercare Education LLC is listed as current/active. The center's compliance history was reviewed with the operator. The program’s compliance history was ninety two percent as of 1/13/26. You visited each indoor and outdoor space with me. Children throughout the facility were participating in group time, free play in activity areas, transitions, personal care routines, in outdoor play and eating lunch. Infants received care according to individual needs including diapering and bottle feeding. Nine violations were observed today and must be corrected immediately. The violations are as follows: Violation Number Comment Rule 319 Staff/child ratios applicable to a classroom, were not posted in each classroom. The center has chosen to meet staff/child ratio requirements set forth by the National Accreditation Commission for Early Care and Education Programs. The staff/child ratio form for accreditation was not posted. .0713(a)(10), (c) & (f)(3); .2818(e) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. A medication authorization form was not on file for zinc oxide in space #1. 10A NCAC 09 .0803(1)(a & b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #3 small wiggly eyes were being used for an art project with the children under three years of age. .0604(q) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The playground inspections for September, November and December 2025 were not available for review. The monthly playground inspections were not completed by an individual trained in playground safety. .0605(q) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. In space #4 foam letters were in the art area and in space #5 two sets of foam blocks were available to the children under 3 years of age. .0604(q) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. Two staff did not have first aid training available for review, the first aid training for one staff expired on 11/11/25, and one staff completed an unapproved course for First Aid. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. Two staff did not have CPR training available for review, the CPR training for one staff expired on 11/11/25, and one staff completed an unapproved course for CPR. .1102(d) 1314 Emergency information did not name childs health care professional. Two children's applications did not include the health care professional. .0802(c)(2) 1756 Enhanced staff/child ratios and group sizes were not met. The center has chosen to meet staff/child ratio requirements set forth by the National Accreditation Commission for Early Care and Education Programs, and was not in compliance today. In space #1, there was one teacher with 5 infants. In space #2, there was one teacher with 5 children, 1 infant and 4 children one year of age. In space #3 there was one teacher with 9 children, 4 children four years of age and 5 children three years of age. In space #4 there were two staff with 9 children, one-two years of age. In space #5 there were two staff with 14 children two years of age. 10A NCAC 09 .2818 Child care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. The program’s compliance history was eighty-three percent as of 1/13/26. The violations documented must be corrected immediately. On or before January 28, 2026. I must receive a written, dated, and signed compliance letter that describes accurately and in detail how the violations were corrected. Email the letter to: Kia.Reid@dhhs.nc.gov -Name, position -Facility name -Facility ID number TECHNICAL ASSISTANCE -The staff/child ratio you chose to meet is in accordance with the National Accreditation Commission for Early Care and Education. The program no longer meets enhanced staff/child ratios. The classroom staff to child ratio for accreditation must be posted in each classroom. -Your staff should be reminded to conduct a walk-through of the classroom prior to the children occupying the space, to ensure all materials are age appropriate for the children in care. Safety is a priority when caring for young children. *Please check the Division of Child Development and Early Education website: ncchildcare.ncdhhs.gov frequently and click the “what’s new” tab to stay informed of all updates available to you. A follow-up visit will be made due to the staff/child ratio violation cited. At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. If you have any questions or if I can be of any assistance, please feel free to contact me at (919) 819-9378. 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

G.S. 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 0825-034L Visit Date: 8/5/2025 Number Present: 55 Completed Date: 8/5/2025 Age: From 0 To 12 Total Minutes: 105 Time In: 01:45 PM Time Out: 03:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced After completing the 8/5/25 visit, I conducted a second visit to obtain information related to a self-report of an incident of inappropriate discipline made by the director. Limited monitoring of child care requirements occurred during today’s visit. On 7/31/25 the director reported to the consultant that a teacher in the classroom for children age 3, was dismissed on 7/28/25 for grabbing a child by the front of his/her clothes. The incident was reported to the director by a speech therapist, who observed the incident while working with a child in the classroom. On 7/28/25 there were 10 children enrolled in classroom space #6 with two teachers and one therapist, who worked with one child throughout the morning through the MAXIM program. On 7/28/25 the second teacher had left the center to attend the funeral service of the former lead teacher in classroom space #6. Classroom space #6 was closed today. After the incident was reported, the director stated that she talked with the teacher. The teacher stated that she was frustrated, based on having three children with special needs in her classroom. The teacher was dismissed. Today I verified that discipline policy was reviewed again with 13 staff on 7/29/25. The director stated that she had talked with the parent of the child in the incident, who was still enrolled in the center but not present today. Based on the incident being a self-report from the director of the center, the incident involving inappropriate discipline was SUBSTANTIATED. The following violation was cited today: Violation Number Comment Rule 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. A three-year old child was grabbed by the front of his/her clothes by the teacher. G.S. 110-91(10) Since a violation of inappropriate discipline was cited today, an unannounced visit will be conducted soon to monitor discipline standards. Compliance History: The compliance history for this facility for the previous eighteen-month time frame was 78%. TECHNICAL ASSISTANCE WAS PROVIDED IN THE FOLLOWING AREAS TODAY: ENHANCEMENT TO DISCPLINE POLICY: During today’s visit I reviewed the center’s discipline policy. I talked with the director about enhancing the standardized policy to include areas that could be specific and beneficial for this program. She said she could enhance the policy with approval from the Regional Manager. As Technical Assistance, I gave the director a training flyer on “Classroom Rules and Behavior Expectations”. The training is offered through Southwest Child Development Center. I stated that behavior expectations in a classroom can vary slightly from year to year based on the individual needs of the children enrolled in the classroom. I also suggested that center staff complete the following training offered through Early Years: “Preventing Challenging Behaviors”. SET UP BREAK ROOM: When I suggested setting up a staff lounge for staff to use when needed, the director stated that a the center had already started the project by adding a sofa to the room off the office. ADMINISTRATIVE ACTION: Although all corrective measures for your current administrative action have been completed, due to the substantiation of additional concerns regarding discipline and the violation documented today, your program is at risk of a new administrative action or an extension of the current Provisional License. Once an agency decision has been made, you will be notified in writing. THERAPISTS: During today’s visit I talked the role of the therapist in the MAXIM program. Please contact me if I can be of any assistance to you with KinderCare at Duke Street. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

10A NCAC 09 .0509 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 5/8/2025 Number Present: 64 Completed Date: 5/8/2025 Age: From 0 To 5 Total Minutes: 200 Time In: 10:00 AM Time Out: 01:20 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the director greeted me. The purpose of today’s visit was to monitor applicable child care requirements during an unannounced Administrative Action follow-up visit. The last Annual Compliance visit was conducted on 1/21/25. This center was issued a Provisional License on 2/26/25 for a six-month timeframe. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 92%. OBSERVATIONS: I observed that the Provisional License was posted in the reception area. During today’s visit each classroom and the outdoor environment were monitored. I observed the children engaged in a variety of free play activities and enjoying the outdoor environment. I observed the infants having tummy time. The children under the age of 15 months had feeding schedules on file. Bottles were labeled and dated. NEW STAFF: During today’s visit I reviewed the file for the teacher, who began employment on 4/21/25. The new staff person had a signed copy of the new supervision policy in her file. Before the end of the visit I verified that both therapists, working with children today, had current Criminal Record Check clearance. INSPECTIONS: The last documented fire inspection was completed on 1/16/25. The last documented sanitation inspection was conducted on 12/20/24. The last documented fire drill was conducted on 4/21/25. The last documented lockdown drill was conducted on 2/28/25. I reminded the director to conduct another drill this month. The last documented playground inspection was completed on 12/2/24. The last documented water testing for Clean Water for NC Kids was completed on 1/28/24. CORRECTIVE ACTION PLAN FOR ADMINISTRATIVE ACTION: Item #1: During today’s visit children were being adequately supervised, and each classroom was maintaining adequate staff/child ratios. Item #2: The Supervision training was conducted at the center by Angela Alger-Walker and Toni Fuller on 4/10/25. A Technical Assistance visit to review staff record requirements was conducted on 3/24/25. Item #3: The Regional Manager completed the Getting Ready for PAS and submitted a copy of her self-assessment results to the consultant on 4/21/25. Technical Assistance on the results were included in today’s visit. Item #4: On 4/4/25 the consultant received the center’s revised supervision plan to maintain supervision throughout the operating day to include sections on safe arrival/departure, transitioning times, during incidents, and during naptime hours. During today’s visit the director added one paragraph requested by the consultant. With the addition of the paragraph, I stated that the supervision plan was adequate and accepted. Item #5: Within four weeks of the 3/24/25 Technical Assistance visit on records; the director was to develop and submit a written plan to the consultant for approval. The director stated that she had used the plan for another project. The director stated she will review the plan to make sure it covers all the items in the Corrective Action Plan and send it to me. Item #6: It was discussed that the director would conduct a mandatory staff meeting to review the plans after the plan for maintaining staff records was approved. The following violations were cited today: Violation Number Comment Rule 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. There were empty shelving units in classroom #5, where additional materials were needed for the children (age 2) present in the classroom. The director stated that additional materials had been ordered. 10A NCAC 09 .0509(2) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection located today was dated 12/2/24. .0605(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. The staff person, who began employment on 4/21/25, had not received the orientation. .1101(a)(b) 1757 A valid qualification letter was not on file and available to review at the facility. The qualification letter on file for one of the therapists, who was working with a child today, was a provisional clearance letter with an expiration date of 3/20/25. G.S. 110-90.2(b) & (d) & .2703(e) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical report and negative TB report for the staff person, who began employment on 4/21/25, were dated 2/27/24. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 5/22/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: PAS: Program Administration Scale results: The regional manager of this facility completed “Getting Ready for the PAS” on 4/12/25. During today’s visit Technical Assistance was provided on the indicators that yielded a score of 1, 2, or 3. • Item #3: Staff Development • Item #4: Compensation • Item 5: Benefits • Item 6: Staffing Patterns and Scheduling • Item 23: Lead Teacher • Item 24: Teacher I confirmed that policies regarding items #3, #4, #5, and #6 are developed and managed by upper management of KinderCare Education, LLC corporation. I suggested that the regional manager share positive factors learned in these categories of the PAS assessment tool with upper management for change consideration. During today’s visit we discussed the current staffing challenges regarding hiring and maintaining qualified staff. I discussed the connection between staffing and positive policies to support staff positions (training, compensation, benefits, scheduling). I stated that I remained available to talk directly with the Regional Manager, if it would be helpful. SAFE OUTDOOR ENVIRONMENT: The ground cover for the playground for infant/toddler age children is mulch. The director stated that the teachers consistently observe the infants/toddlers with mulch in their mouth. We discussed the advantages and safety of having a different type of ground cover on the fenced-in space for infants and toddlers. STAFF REQUIREMENTS: I stated that medical report and negative TB test could be accepted for new staff, if the reports were not older than one year. FEEDING SCHEDULES: I stated that the feeding schedule for transitioning children should be in the classroom where the children were located throughout the operating day. CLEAN CLASSROOMS FOR CAROLINA KIDS: The director stated that she had not watched the video nor submitted answers to the questions at the end of the video. I explained that the deadline for watching the video and submitted the requested information was 5/31/25. The program is free, are available at www.cleanwaterforUSkids.org/carolina. The director stated that she would complete the requirement before 5/31/25. AGENCY NEWS AND UPDATES: Visit the DCDEE website at https://ncchildcare.ncdhhs.gov/ often. Click on the “What’s New” tab for new requirements and updates. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

G.S. 110-90 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 5/8/2025 Number Present: 64 Completed Date: 5/8/2025 Age: From 0 To 5 Total Minutes: 200 Time In: 10:00 AM Time Out: 01:20 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the director greeted me. The purpose of today’s visit was to monitor applicable child care requirements during an unannounced Administrative Action follow-up visit. The last Annual Compliance visit was conducted on 1/21/25. This center was issued a Provisional License on 2/26/25 for a six-month timeframe. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 92%. OBSERVATIONS: I observed that the Provisional License was posted in the reception area. During today’s visit each classroom and the outdoor environment were monitored. I observed the children engaged in a variety of free play activities and enjoying the outdoor environment. I observed the infants having tummy time. The children under the age of 15 months had feeding schedules on file. Bottles were labeled and dated. NEW STAFF: During today’s visit I reviewed the file for the teacher, who began employment on 4/21/25. The new staff person had a signed copy of the new supervision policy in her file. Before the end of the visit I verified that both therapists, working with children today, had current Criminal Record Check clearance. INSPECTIONS: The last documented fire inspection was completed on 1/16/25. The last documented sanitation inspection was conducted on 12/20/24. The last documented fire drill was conducted on 4/21/25. The last documented lockdown drill was conducted on 2/28/25. I reminded the director to conduct another drill this month. The last documented playground inspection was completed on 12/2/24. The last documented water testing for Clean Water for NC Kids was completed on 1/28/24. CORRECTIVE ACTION PLAN FOR ADMINISTRATIVE ACTION: Item #1: During today’s visit children were being adequately supervised, and each classroom was maintaining adequate staff/child ratios. Item #2: The Supervision training was conducted at the center by Angela Alger-Walker and Toni Fuller on 4/10/25. A Technical Assistance visit to review staff record requirements was conducted on 3/24/25. Item #3: The Regional Manager completed the Getting Ready for PAS and submitted a copy of her self-assessment results to the consultant on 4/21/25. Technical Assistance on the results were included in today’s visit. Item #4: On 4/4/25 the consultant received the center’s revised supervision plan to maintain supervision throughout the operating day to include sections on safe arrival/departure, transitioning times, during incidents, and during naptime hours. During today’s visit the director added one paragraph requested by the consultant. With the addition of the paragraph, I stated that the supervision plan was adequate and accepted. Item #5: Within four weeks of the 3/24/25 Technical Assistance visit on records; the director was to develop and submit a written plan to the consultant for approval. The director stated that she had used the plan for another project. The director stated she will review the plan to make sure it covers all the items in the Corrective Action Plan and send it to me. Item #6: It was discussed that the director would conduct a mandatory staff meeting to review the plans after the plan for maintaining staff records was approved. The following violations were cited today: Violation Number Comment Rule 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. There were empty shelving units in classroom #5, where additional materials were needed for the children (age 2) present in the classroom. The director stated that additional materials had been ordered. 10A NCAC 09 .0509(2) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection located today was dated 12/2/24. .0605(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. The staff person, who began employment on 4/21/25, had not received the orientation. .1101(a)(b) 1757 A valid qualification letter was not on file and available to review at the facility. The qualification letter on file for one of the therapists, who was working with a child today, was a provisional clearance letter with an expiration date of 3/20/25. G.S. 110-90.2(b) & (d) & .2703(e) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical report and negative TB report for the staff person, who began employment on 4/21/25, were dated 2/27/24. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 5/22/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: PAS: Program Administration Scale results: The regional manager of this facility completed “Getting Ready for the PAS” on 4/12/25. During today’s visit Technical Assistance was provided on the indicators that yielded a score of 1, 2, or 3. • Item #3: Staff Development • Item #4: Compensation • Item 5: Benefits • Item 6: Staffing Patterns and Scheduling • Item 23: Lead Teacher • Item 24: Teacher I confirmed that policies regarding items #3, #4, #5, and #6 are developed and managed by upper management of KinderCare Education, LLC corporation. I suggested that the regional manager share positive factors learned in these categories of the PAS assessment tool with upper management for change consideration. During today’s visit we discussed the current staffing challenges regarding hiring and maintaining qualified staff. I discussed the connection between staffing and positive policies to support staff positions (training, compensation, benefits, scheduling). I stated that I remained available to talk directly with the Regional Manager, if it would be helpful. SAFE OUTDOOR ENVIRONMENT: The ground cover for the playground for infant/toddler age children is mulch. The director stated that the teachers consistently observe the infants/toddlers with mulch in their mouth. We discussed the advantages and safety of having a different type of ground cover on the fenced-in space for infants and toddlers. STAFF REQUIREMENTS: I stated that medical report and negative TB test could be accepted for new staff, if the reports were not older than one year. FEEDING SCHEDULES: I stated that the feeding schedule for transitioning children should be in the classroom where the children were located throughout the operating day. CLEAN CLASSROOMS FOR CAROLINA KIDS: The director stated that she had not watched the video nor submitted answers to the questions at the end of the video. I explained that the deadline for watching the video and submitted the requested information was 5/31/25. The program is free, are available at www.cleanwaterforUSkids.org/carolina. The director stated that she would complete the requirement before 5/31/25. AGENCY NEWS AND UPDATES: Visit the DCDEE website at https://ncchildcare.ncdhhs.gov/ often. Click on the “What’s New” tab for new requirements and updates. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0509 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 1224-212L Visit Date: 1/21/2025 Number Present: 68 Completed Date: 1/21/2025 Age: From 0 To 11 Total Minutes: 50 Time In: 09:15 AM Time Out: 10:05 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Follow-Up Announced/Unannounced: Unannounced Upon arrival the director greeted me. I stated that the purposed of today's visit was to monitor staff/child ratios and the supervision of children, as a follow-up of the 12/17/24 visit. I further stated that I could conduct the center's Annual Compliance visit while at the center today. I visited each classroom. Adequate staff/child ratios were being maintained, and all the children were being visually supervised. The following violation was cited today: Violation Number Comment Rule 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. During today's visit there were at least two empty shelving units in classrooms #4, #5, and #7. Additional materials needed to be available for the children. This is a repeat violation from the 12/17/24 and 11/14/24 visits. 10A NCAC 09 .0509(2) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 2/4/25, stating how the violation has been corrected. Toni Fuller Child Care Consultant toni.fuller@dhhs.nc.gov (919) 819-9366 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .0509 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 1224-212L Visit Date: 12/17/2024 Number Present: 67 Completed Date: 12/17/2024 Age: From 0 To 8 Total Minutes: 240 Time In: 10:00 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced On December 16, 2024, the Division of Child Development and Early Education (DCDEE) received a report alleging non-compliance with NC Child Care Licensing Requirements at this center. The allegation in the report was as follows: ALLEGATION: The reporter had concerns regarding adequate supervision of children. Upon arrival at the facility today, I was greeted by a lead teacher, who stated that she was currently “acting manager”. She stated that she would assume the position of assistant director on 1/6/25, when the director, who was currently on leave, returned. The acting manager stated that an individual had assumed the position of temporary director until 1/6/25. The acting manager thought the temporary director would arrive at 12:00 noon. The temporary director was not present during today’s visit. The former assistant director had been transferred to assume a director position at another KinderCare site in Durham. The acting manager facilitated today’s visit. I informed the acting manager that the Division had received a report of possible non-compliance with the licensing requirements and I was making today’s unannounced visit to gather information pertaining to the matter. The operator was given the opportunity to ask any questions related to the investigation process. On Friday, 12/13/24, I received a telephone call from the acting manager at the center, requesting the telephone number to call in a self-report to DCDEE about an incident that had occurred, where a child was left unsupervised. The acting manager stated today that she did make a voicemail self-report of the incident that occurred on 12/13/24. OBSERVATIONS: I visited each classroom during the visit. I observed the infants having tummy time. I observed the toddlers having story time before lunch. I observed the preschool age children playing with manipulatives at their tables. I observed lunch being served. Lunch today consisted of chopped chicken, rice, string beans, diced fruit, and milk. Some of the children enrolled in classroom space #2 were present in classroom space #1 to maintain adequate staff/child ratios. All children were being visually supervised during the visit. INVESTIGATION: I stated that since the reporter had provided her contact information, I contacted the reporter on 12/16/24. The reporter stated that the acting manager had informed the parent on the afternoon of 12/13/24 that her child had been left unsupervised on the playground, but she did not know all the details about the incident. The reporter stated that the family did not receive a call from management on the evening of 12/13/24, as stated. The reporter visited the center on the morning of 12/16/24 to discuss the incident, but the acting manager could not talk with reporter as planned, because the acting manager had to assist in a classroom. The Regional Manager telephoned the family on 12/16/24. The child in the report, age 2, was enrolled in classroom space #5. I interviewed the acting manager about the 12/13/24 incident, and she made the following statements: • There were 12 children present in classroom space #5 on the afternoon of 12/13/24 (one toddler, 9 two-year olds, and one three-year old). • At some point three school age children began part of the group, but the acting manager was not sure how or when the school age children joined the group. • Since one teacher was scheduled to go home at 4:00 pm, the acting manager went to the classroom to move the three youngest children. to another classroom, in order to maintain a ratio of one staff with nine children, age 2. The three school age children had already returned to their classroom (space #7). • When she entered the classroom, she called out the names of the three children she planned to move. The child in the report was one of the three children. At that time the two teachers realized that the child in the report was not present in the classroom. • They immediately opened the direct exit from the classroom and saw the child playing on the playground. The child was not crying or in distress. • The entire incident occurred in less than a five minute timeframe. • When the child in the report came inside, her shirt was changed because it was wet. I interviewed both teachers individually, who were working with the child in the report, on the afternoon of 12/13/24. On 12/13/24 the lead teacher for classroom space #5 was absent. Today I interviewed the substitute lead teacher and the teacher. The substitute lead teacher made the following statements: • She stated she was regularly the lead teacher in classroom space #6 for a multi-age group of children. • She stated that on the afternoon of 12/13/24, she remained inside with 3 children (ages 1 and 2) and the second teacher went outside with 9 children (age 2). • The child in the report was in the outside group. • The outdoor time was from 3:15 pm to 3:55 pm. • The other teacher was scheduled to leave for the day at 4:00 pm. • She stated that the teacher left her alone in the classroom 3 different times during the day (12/13/24). One absence was from 2:38 pm to 3:09 pm. • She stated that the acting manager redirected the teacher back to the classroom the first two times she left the room. When she left the third time, no one knew where she went. • She did not realize that the child in the report had been left outside. She assumed the teacher had brought in 9 children, since she went outside with 9 children. The teacher assigned to classroom space #5 made the following statements during the interview: • The substitute lead teacher remained on her cell phone all day and did not interact with the children. • She only left the classroom one time and that was for her assigned lunch break. • She left for lunch, even though another staff did not come to work in the classroom in her place. • Since beginning employment on 11/25/24, she had never had school age children in the classroom. She did not know why the school age children became part of her group. • Since beginning employment on 11/25/24, she had never taken the children outside until 12/13/24. She was sent out with the children alone for the first time. • The children lined up to come inside. She did not realize that the child in the report was left outside. • The child was probably wet from playing in a mud puddle. ALLEGATION RESOLUTION: Since the staff person had informed me by telephone on 12/13/24 that an incident of lack of adequate supervision had occurred, the allegation in the report was SUBSTANTIATED. COMPLIANCE HISTORY: The compliance history for the previous eighteen-month timeframe was 79%. SANITATION: This center received a Provisional Sanitation inspection on 11/26/24 with 32 demerits. An Environmental Health Specialist was present today to conduct a follow-up inspection. Prior to her arrival, I had discussed the four 6-point demerits with the acting manager. The following violations were cited during today’s visit. Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. (1) Classroom space #5 was maintaining a staff/child ratio of 12 children (ages 1 to school age) with one staff during a portion of the day on 12/13/24. This occurrence happened prior to naptime. (2) For a period time during the afternoon of 12/13/24, there were 15 children in with two teachers (ages 1 to school age). GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. On the afternoon of 12/13/24, a child (age 2) was left unsupervised and alone on the playground for a short period of time. .1801(a)(1-5) 410 Each child did not have an opportunity to be outdoors daily, if weather conditions permitted. During a teacher interview, the teacher stated that 12/13/24 was the first day, since her employment on 11/25/24, that the children in classroom space #5 had been taken outside to play. GS 110-91(2);.0508(c) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. (1) Classroom space #4 needs more materials for empty shelving. (2) In classroom space #5 the shelving was turned together, denying children access to required materials. 10A NCAC 09 .0509(2) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. The posted allergy listed had not been updated since July 2024. Many of the children on the list no longer attended. Staff was concerned that children who had enrolled after July and may have a food allergy, had not been added to the allergy list. .0901(g) 1030 Application for employment and date of birth was not on file for all staff. The staff person, who began employment on 11/25/24, did not have an application on file. .0302(d)(1)(A) 1043 All staff records, except financial records, were not made available for review. The temporary director did not have a file on site. G.S. 110-91( 9) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no documentation of the new staff training for the staff person, who began employment on 11/25/24. .1101(a)(b) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 12/31/24, explaining how each violation has been corrected. ADMINISTRATIVE ACTION: This center was issued an Administrative Action on 6/7/24. The visit summary for the 11/14/24 Administrative Action follow-up visit stated that I would return in December to monitor item #4 of the Corrective Action Plan to close out the requirements for the Administrative Action. During today’s visit I observed that staff observations had been conducted with staff during the month of November. TECHNICAL ASSISTANCE WAS PROVIDED IN THE FOLLOWING AREA: STAFFING CONCERNS: The following topics were discussed, and I suggested training in each area: • The challenges of having a group of children, ages 1 to 12, in the same classroom, especially when the classroom is not set-up with furnishings and materials for school age children. • Staff working together • This center does have a cell phone policy in their personnel handbook. I stated that it may need to be revised or discussed during the next staff meeting. • During new staff orientation, review basic child care requirements, such as outdoor play everyday. Since a violation of staff/child ratios and discipline was cited today, a follow-up visit will be conducted soon to monitor staff/child ratios and supervision. I stated that KinderCare at Duke Street could be issued a more stringent Administrative Action to reflect issues regarding staff/child ratios and supervision of children. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)819-9366 or toni.fuller@dhhs.nc.gov. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

G.S. 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 1224-212L Visit Date: 12/17/2024 Number Present: 67 Completed Date: 12/17/2024 Age: From 0 To 8 Total Minutes: 240 Time In: 10:00 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced On December 16, 2024, the Division of Child Development and Early Education (DCDEE) received a report alleging non-compliance with NC Child Care Licensing Requirements at this center. The allegation in the report was as follows: ALLEGATION: The reporter had concerns regarding adequate supervision of children. Upon arrival at the facility today, I was greeted by a lead teacher, who stated that she was currently “acting manager”. She stated that she would assume the position of assistant director on 1/6/25, when the director, who was currently on leave, returned. The acting manager stated that an individual had assumed the position of temporary director until 1/6/25. The acting manager thought the temporary director would arrive at 12:00 noon. The temporary director was not present during today’s visit. The former assistant director had been transferred to assume a director position at another KinderCare site in Durham. The acting manager facilitated today’s visit. I informed the acting manager that the Division had received a report of possible non-compliance with the licensing requirements and I was making today’s unannounced visit to gather information pertaining to the matter. The operator was given the opportunity to ask any questions related to the investigation process. On Friday, 12/13/24, I received a telephone call from the acting manager at the center, requesting the telephone number to call in a self-report to DCDEE about an incident that had occurred, where a child was left unsupervised. The acting manager stated today that she did make a voicemail self-report of the incident that occurred on 12/13/24. OBSERVATIONS: I visited each classroom during the visit. I observed the infants having tummy time. I observed the toddlers having story time before lunch. I observed the preschool age children playing with manipulatives at their tables. I observed lunch being served. Lunch today consisted of chopped chicken, rice, string beans, diced fruit, and milk. Some of the children enrolled in classroom space #2 were present in classroom space #1 to maintain adequate staff/child ratios. All children were being visually supervised during the visit. INVESTIGATION: I stated that since the reporter had provided her contact information, I contacted the reporter on 12/16/24. The reporter stated that the acting manager had informed the parent on the afternoon of 12/13/24 that her child had been left unsupervised on the playground, but she did not know all the details about the incident. The reporter stated that the family did not receive a call from management on the evening of 12/13/24, as stated. The reporter visited the center on the morning of 12/16/24 to discuss the incident, but the acting manager could not talk with reporter as planned, because the acting manager had to assist in a classroom. The Regional Manager telephoned the family on 12/16/24. The child in the report, age 2, was enrolled in classroom space #5. I interviewed the acting manager about the 12/13/24 incident, and she made the following statements: • There were 12 children present in classroom space #5 on the afternoon of 12/13/24 (one toddler, 9 two-year olds, and one three-year old). • At some point three school age children began part of the group, but the acting manager was not sure how or when the school age children joined the group. • Since one teacher was scheduled to go home at 4:00 pm, the acting manager went to the classroom to move the three youngest children. to another classroom, in order to maintain a ratio of one staff with nine children, age 2. The three school age children had already returned to their classroom (space #7). • When she entered the classroom, she called out the names of the three children she planned to move. The child in the report was one of the three children. At that time the two teachers realized that the child in the report was not present in the classroom. • They immediately opened the direct exit from the classroom and saw the child playing on the playground. The child was not crying or in distress. • The entire incident occurred in less than a five minute timeframe. • When the child in the report came inside, her shirt was changed because it was wet. I interviewed both teachers individually, who were working with the child in the report, on the afternoon of 12/13/24. On 12/13/24 the lead teacher for classroom space #5 was absent. Today I interviewed the substitute lead teacher and the teacher. The substitute lead teacher made the following statements: • She stated she was regularly the lead teacher in classroom space #6 for a multi-age group of children. • She stated that on the afternoon of 12/13/24, she remained inside with 3 children (ages 1 and 2) and the second teacher went outside with 9 children (age 2). • The child in the report was in the outside group. • The outdoor time was from 3:15 pm to 3:55 pm. • The other teacher was scheduled to leave for the day at 4:00 pm. • She stated that the teacher left her alone in the classroom 3 different times during the day (12/13/24). One absence was from 2:38 pm to 3:09 pm. • She stated that the acting manager redirected the teacher back to the classroom the first two times she left the room. When she left the third time, no one knew where she went. • She did not realize that the child in the report had been left outside. She assumed the teacher had brought in 9 children, since she went outside with 9 children. The teacher assigned to classroom space #5 made the following statements during the interview: • The substitute lead teacher remained on her cell phone all day and did not interact with the children. • She only left the classroom one time and that was for her assigned lunch break. • She left for lunch, even though another staff did not come to work in the classroom in her place. • Since beginning employment on 11/25/24, she had never had school age children in the classroom. She did not know why the school age children became part of her group. • Since beginning employment on 11/25/24, she had never taken the children outside until 12/13/24. She was sent out with the children alone for the first time. • The children lined up to come inside. She did not realize that the child in the report was left outside. • The child was probably wet from playing in a mud puddle. ALLEGATION RESOLUTION: Since the staff person had informed me by telephone on 12/13/24 that an incident of lack of adequate supervision had occurred, the allegation in the report was SUBSTANTIATED. COMPLIANCE HISTORY: The compliance history for the previous eighteen-month timeframe was 79%. SANITATION: This center received a Provisional Sanitation inspection on 11/26/24 with 32 demerits. An Environmental Health Specialist was present today to conduct a follow-up inspection. Prior to her arrival, I had discussed the four 6-point demerits with the acting manager. The following violations were cited during today’s visit. Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. (1) Classroom space #5 was maintaining a staff/child ratio of 12 children (ages 1 to school age) with one staff during a portion of the day on 12/13/24. This occurrence happened prior to naptime. (2) For a period time during the afternoon of 12/13/24, there were 15 children in with two teachers (ages 1 to school age). GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. On the afternoon of 12/13/24, a child (age 2) was left unsupervised and alone on the playground for a short period of time. .1801(a)(1-5) 410 Each child did not have an opportunity to be outdoors daily, if weather conditions permitted. During a teacher interview, the teacher stated that 12/13/24 was the first day, since her employment on 11/25/24, that the children in classroom space #5 had been taken outside to play. GS 110-91(2);.0508(c) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. (1) Classroom space #4 needs more materials for empty shelving. (2) In classroom space #5 the shelving was turned together, denying children access to required materials. 10A NCAC 09 .0509(2) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. The posted allergy listed had not been updated since July 2024. Many of the children on the list no longer attended. Staff was concerned that children who had enrolled after July and may have a food allergy, had not been added to the allergy list. .0901(g) 1030 Application for employment and date of birth was not on file for all staff. The staff person, who began employment on 11/25/24, did not have an application on file. .0302(d)(1)(A) 1043 All staff records, except financial records, were not made available for review. The temporary director did not have a file on site. G.S. 110-91( 9) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no documentation of the new staff training for the staff person, who began employment on 11/25/24. .1101(a)(b) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 12/31/24, explaining how each violation has been corrected. ADMINISTRATIVE ACTION: This center was issued an Administrative Action on 6/7/24. The visit summary for the 11/14/24 Administrative Action follow-up visit stated that I would return in December to monitor item #4 of the Corrective Action Plan to close out the requirements for the Administrative Action. During today’s visit I observed that staff observations had been conducted with staff during the month of November. TECHNICAL ASSISTANCE WAS PROVIDED IN THE FOLLOWING AREA: STAFFING CONCERNS: The following topics were discussed, and I suggested training in each area: • The challenges of having a group of children, ages 1 to 12, in the same classroom, especially when the classroom is not set-up with furnishings and materials for school age children. • Staff working together • This center does have a cell phone policy in their personnel handbook. I stated that it may need to be revised or discussed during the next staff meeting. • During new staff orientation, review basic child care requirements, such as outdoor play everyday. Since a violation of staff/child ratios and discipline was cited today, a follow-up visit will be conducted soon to monitor staff/child ratios and supervision. I stated that KinderCare at Duke Street could be issued a more stringent Administrative Action to reflect issues regarding staff/child ratios and supervision of children. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)819-9366 or toni.fuller@dhhs.nc.gov. 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

GS 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 1224-212L Visit Date: 12/17/2024 Number Present: 67 Completed Date: 12/17/2024 Age: From 0 To 8 Total Minutes: 240 Time In: 10:00 AM Time Out: 02:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced On December 16, 2024, the Division of Child Development and Early Education (DCDEE) received a report alleging non-compliance with NC Child Care Licensing Requirements at this center. The allegation in the report was as follows: ALLEGATION: The reporter had concerns regarding adequate supervision of children. Upon arrival at the facility today, I was greeted by a lead teacher, who stated that she was currently “acting manager”. She stated that she would assume the position of assistant director on 1/6/25, when the director, who was currently on leave, returned. The acting manager stated that an individual had assumed the position of temporary director until 1/6/25. The acting manager thought the temporary director would arrive at 12:00 noon. The temporary director was not present during today’s visit. The former assistant director had been transferred to assume a director position at another KinderCare site in Durham. The acting manager facilitated today’s visit. I informed the acting manager that the Division had received a report of possible non-compliance with the licensing requirements and I was making today’s unannounced visit to gather information pertaining to the matter. The operator was given the opportunity to ask any questions related to the investigation process. On Friday, 12/13/24, I received a telephone call from the acting manager at the center, requesting the telephone number to call in a self-report to DCDEE about an incident that had occurred, where a child was left unsupervised. The acting manager stated today that she did make a voicemail self-report of the incident that occurred on 12/13/24. OBSERVATIONS: I visited each classroom during the visit. I observed the infants having tummy time. I observed the toddlers having story time before lunch. I observed the preschool age children playing with manipulatives at their tables. I observed lunch being served. Lunch today consisted of chopped chicken, rice, string beans, diced fruit, and milk. Some of the children enrolled in classroom space #2 were present in classroom space #1 to maintain adequate staff/child ratios. All children were being visually supervised during the visit. INVESTIGATION: I stated that since the reporter had provided her contact information, I contacted the reporter on 12/16/24. The reporter stated that the acting manager had informed the parent on the afternoon of 12/13/24 that her child had been left unsupervised on the playground, but she did not know all the details about the incident. The reporter stated that the family did not receive a call from management on the evening of 12/13/24, as stated. The reporter visited the center on the morning of 12/16/24 to discuss the incident, but the acting manager could not talk with reporter as planned, because the acting manager had to assist in a classroom. The Regional Manager telephoned the family on 12/16/24. The child in the report, age 2, was enrolled in classroom space #5. I interviewed the acting manager about the 12/13/24 incident, and she made the following statements: • There were 12 children present in classroom space #5 on the afternoon of 12/13/24 (one toddler, 9 two-year olds, and one three-year old). • At some point three school age children began part of the group, but the acting manager was not sure how or when the school age children joined the group. • Since one teacher was scheduled to go home at 4:00 pm, the acting manager went to the classroom to move the three youngest children. to another classroom, in order to maintain a ratio of one staff with nine children, age 2. The three school age children had already returned to their classroom (space #7). • When she entered the classroom, she called out the names of the three children she planned to move. The child in the report was one of the three children. At that time the two teachers realized that the child in the report was not present in the classroom. • They immediately opened the direct exit from the classroom and saw the child playing on the playground. The child was not crying or in distress. • The entire incident occurred in less than a five minute timeframe. • When the child in the report came inside, her shirt was changed because it was wet. I interviewed both teachers individually, who were working with the child in the report, on the afternoon of 12/13/24. On 12/13/24 the lead teacher for classroom space #5 was absent. Today I interviewed the substitute lead teacher and the teacher. The substitute lead teacher made the following statements: • She stated she was regularly the lead teacher in classroom space #6 for a multi-age group of children. • She stated that on the afternoon of 12/13/24, she remained inside with 3 children (ages 1 and 2) and the second teacher went outside with 9 children (age 2). • The child in the report was in the outside group. • The outdoor time was from 3:15 pm to 3:55 pm. • The other teacher was scheduled to leave for the day at 4:00 pm. • She stated that the teacher left her alone in the classroom 3 different times during the day (12/13/24). One absence was from 2:38 pm to 3:09 pm. • She stated that the acting manager redirected the teacher back to the classroom the first two times she left the room. When she left the third time, no one knew where she went. • She did not realize that the child in the report had been left outside. She assumed the teacher had brought in 9 children, since she went outside with 9 children. The teacher assigned to classroom space #5 made the following statements during the interview: • The substitute lead teacher remained on her cell phone all day and did not interact with the children. • She only left the classroom one time and that was for her assigned lunch break. • She left for lunch, even though another staff did not come to work in the classroom in her place. • Since beginning employment on 11/25/24, she had never had school age children in the classroom. She did not know why the school age children became part of her group. • Since beginning employment on 11/25/24, she had never taken the children outside until 12/13/24. She was sent out with the children alone for the first time. • The children lined up to come inside. She did not realize that the child in the report was left outside. • The child was probably wet from playing in a mud puddle. ALLEGATION RESOLUTION: Since the staff person had informed me by telephone on 12/13/24 that an incident of lack of adequate supervision had occurred, the allegation in the report was SUBSTANTIATED. COMPLIANCE HISTORY: The compliance history for the previous eighteen-month timeframe was 79%. SANITATION: This center received a Provisional Sanitation inspection on 11/26/24 with 32 demerits. An Environmental Health Specialist was present today to conduct a follow-up inspection. Prior to her arrival, I had discussed the four 6-point demerits with the acting manager. The following violations were cited during today’s visit. Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. (1) Classroom space #5 was maintaining a staff/child ratio of 12 children (ages 1 to school age) with one staff during a portion of the day on 12/13/24. This occurrence happened prior to naptime. (2) For a period time during the afternoon of 12/13/24, there were 15 children in with two teachers (ages 1 to school age). GS 110-91(7);.0713(a-d) 303 Children were not adequately supervised at all times. On the afternoon of 12/13/24, a child (age 2) was left unsupervised and alone on the playground for a short period of time. .1801(a)(1-5) 410 Each child did not have an opportunity to be outdoors daily, if weather conditions permitted. During a teacher interview, the teacher stated that 12/13/24 was the first day, since her employment on 11/25/24, that the children in classroom space #5 had been taken outside to play. GS 110-91(2);.0508(c) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. (1) Classroom space #4 needs more materials for empty shelving. (2) In classroom space #5 the shelving was turned together, denying children access to required materials. 10A NCAC 09 .0509(2) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. The posted allergy listed had not been updated since July 2024. Many of the children on the list no longer attended. Staff was concerned that children who had enrolled after July and may have a food allergy, had not been added to the allergy list. .0901(g) 1030 Application for employment and date of birth was not on file for all staff. The staff person, who began employment on 11/25/24, did not have an application on file. .0302(d)(1)(A) 1043 All staff records, except financial records, were not made available for review. The temporary director did not have a file on site. G.S. 110-91( 9) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no documentation of the new staff training for the staff person, who began employment on 11/25/24. .1101(a)(b) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 12/31/24, explaining how each violation has been corrected. ADMINISTRATIVE ACTION: This center was issued an Administrative Action on 6/7/24. The visit summary for the 11/14/24 Administrative Action follow-up visit stated that I would return in December to monitor item #4 of the Corrective Action Plan to close out the requirements for the Administrative Action. During today’s visit I observed that staff observations had been conducted with staff during the month of November. TECHNICAL ASSISTANCE WAS PROVIDED IN THE FOLLOWING AREA: STAFFING CONCERNS: The following topics were discussed, and I suggested training in each area: • The challenges of having a group of children, ages 1 to 12, in the same classroom, especially when the classroom is not set-up with furnishings and materials for school age children. • Staff working together • This center does have a cell phone policy in their personnel handbook. I stated that it may need to be revised or discussed during the next staff meeting. • During new staff orientation, review basic child care requirements, such as outdoor play everyday. Since a violation of staff/child ratios and discipline was cited today, a follow-up visit will be conducted soon to monitor staff/child ratios and supervision. I stated that KinderCare at Duke Street could be issued a more stringent Administrative Action to reflect issues regarding staff/child ratios and supervision of children. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)819-9366 or toni.fuller@dhhs.nc.gov. 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

10A NCAC 09 .0509 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 11/14/2024 Number Present: 64 Completed Date: 11/14/2024 Age: From 0 To 5 Total Minutes: 125 Time In: 09:40 AM Time Out: 11:45 AM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the staff greeted me. Today’s visit was facilitated by the assistant director. The purpose of today’s unannounced visit was to conduct an Administrative Action follow-up visit. This center was issued an Administrative Action on 6/7/24. The assistant director stated that she was being transferred to another KinderCare in Durham as director, as soon as the director at this site returns to work in January 2025. This center operates with a three-star license, which was issued on 9/12/18. OBSERVATIONS: During today’s visit I visited each classroom. Each classroom had current activity plans posted. The Administrative Action was posted. Current menus were posted. I observed the children enjoying free play and completing a table activity. STAFF FILES: The assistant director stated that there were no new staff since the previous visit. INSPECTIONS: The last documented annual fire inspection was completed on 2/20/24. The last documented sanitation inspection was conducted on 3/5/24. The last documented fire drill was conducted on 11/1/24. The last documented shelter-in-place drill was conducted on 9/9/24. The last documented playground inspection was completed on 11/1/24. ADMINISTRATIVE ACTION CORRECTIVE ACTION PLAN: Item #1: No concerns were observed and cited today regarding the nurturing care of children or the center’s operational policies Item #2: The center completed the requirements on 7/25/24. Item #3: During today’s visit I was given documentation for the staff observations conducted during the month of October 2024. There was documentation for all 14 staff. The center uses the KinderCare of Excellence om Teaching Classroom Observation Tool to document their observation. The 10/9/24 visit summary stated that the place and time needed to be included on the monthly documentation paperwork. During today’s visit I observed that the place and time of the observation had been included on the October observation sheets. The signature of the staff person who was observed and the staff person’s response to the observation was captured on the Skill-Building Conversation Guide, which was completed with September observations. I explained that an updated guide needed to be completed with the November observations. Item #4: During today’s visit I was given verification that the staff meeting was conducted on 9/19/24 to review the policies. The following violations were cited today: Violation Number Comment Rule 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Classroom #6 needed more materials for the empty shelving. 10A NCAC 09 .0509(2) 533 Human milk, formula and other bottled beverages including sippy cups, sent from child's home were not fully prepared, dated, and labeled for the appropriate child. The bottles for one child in classroom space #2 were not labeled and dated. 15A NCAC 18A .2804(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 11/21/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 79%. I explained the importance of maintaining a compliance history of 75% or above. CLASSROOM MATERIALS: The assistant director stated that additional materials had been ordered and received for the classroom. During today's visit the assistant director observed that the materials had never been opened and made available to the children. ADMINISTRATIVE FOLLOW-UP: I stated that I would return in December to monitor the observation requirements in item #4 of the Corrective Action Plan for the Action. RATED LICENSE: Please know that the “hold harmless” status for Rated License reassessment has been extended until the new QRIS guidelines are ready for implementation. AGENCY NEWS AND UPDATES: Visit the DCDEE website at https://ncchildcare.ncdhhs.gov/ often. Click on the “What’s New” tab for new requirements and updates. CLEAN CLASSROOMS FOR CAROLINA KIDS: The assistant director will talk with the director about the status of completing the lead/asbestos testing, when the director returns in January 2025. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

10A NCAC 09 .0601 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 10/9/2024 Number Present: 61 Completed Date: 10/9/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 09:30 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the lead teacher in classroom space #8 was checking each classroom to move the children, as needed, to maintain adequate staff/child ratios. Today’s visit was facilitated with the lead teacher in classroom space #8. The director and assistant director were not present today. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. This center was issued a Written Warning on 7/26/24. The last Annual Compliance visit was conducted on 2/15/24. OBSERVATIONS: I visited each classroom and the outdoor environment. I observed the children engaged in a variety of free choice activities and having circle time. I observed the infants having tummy time. I also observed infants and toddlers transitioning as additional staff arrived for the day. I stated that moving children each day was not best practice or developmentally appropriate. INSPECTIONS: The last documented annual fire inspection was completed on 2/20/24. The last documented sanitation inspection was conducted on 3/5/24. The last documented fire drill was conducted on 9/11/24. The last documented shelter-in-place drill was conducted on 9/9/244. The last documented playground inspection was completed on 9/9/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. NEW STAFF: I reviewed the file for the staff person, who began employment, after the last visit. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I had verified that item #2 was completed on 7/25/24 Item #3: During today’s visit I was given the documentation for the observations conducted during the month of September 2024. The documentation verified that 12 of the 16 staff had been observed during the month. The documentation included the date of the observation, signature of the observer and person being observed, and the response of the person observed. The documentation did not include the time of the observation. For the place of observation, the observer had listed the center’s identification number, instead of the classroom number or playground. I stated that I would review the October observations during my next visit. Please have observations for all staff. Please add the place of observation and the time. Item #4: During the 9/5/24 visit the assistant director stated that she would review the plan during the 9/11/24 staff meeting. During today’s visit I observed a staff meeting sign-off sheet, dated 9/19/24, with the signatures of 13 of the 15 staff, who were employed on 9/19/24. The agenda for the 9/19/24 staff meeting could not be located today to verify that the revised plan with monthly observations was reviewed with them. I stated that if a copy of the agenda cannot be located for verification, another staff meeting will be needed. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The posted activity plan for classroom space #1 was dated September. GS 110-91(12); .0508(a) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Additional materials were needed for the children in care in classroom space #3 and #4. Both classrooms had empty shelving to accommodate needed materials. 10A NCAC 09 .0509(2) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menus were for the month of August. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). (1) Classroom space #3 needed feeding schedules for 3 children. (2) The feeding schedules for the infants in classroom space #1 were not available today, becauses the cabinet door would not open. 10A NCAC 09 .0902(a) 807 A safe indoor and outdoor environment was not provided for the children. Two of the three playground areas had hose that needed to be wound to eliminate a tripping hazard for children. 10A NCAC 09 .0601(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. There were safe sleep monitoring charts for the month of October for 4 of the 10 infants enrolled in classroom space #1. The information on the 4 charts indicated that the children were last monitored on 10/3/24. .0606(g) 1301 Center did not maintain a record of daily attendance. Attendance for the school age children, enrolled in classroom space #8 after school, could not be located today. GS 110-91(9) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical assessment for the staff person, who began employment on 10/1/24, was dated 9/25/23. The TB test for the staff person, who began empllyment on 10/1/24, was dated 9/14/23. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 10/23/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: STAFF OBSERVATION: If any of the requirements for the staff observations are not clear, please contact me. It is important that all the criteria for the observations in the Corrective Action Plan of the Administrative Action be met in order to close out the Action. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

10A NCAC 09 .0902 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 10/9/2024 Number Present: 61 Completed Date: 10/9/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 09:30 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the lead teacher in classroom space #8 was checking each classroom to move the children, as needed, to maintain adequate staff/child ratios. Today’s visit was facilitated with the lead teacher in classroom space #8. The director and assistant director were not present today. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. This center was issued a Written Warning on 7/26/24. The last Annual Compliance visit was conducted on 2/15/24. OBSERVATIONS: I visited each classroom and the outdoor environment. I observed the children engaged in a variety of free choice activities and having circle time. I observed the infants having tummy time. I also observed infants and toddlers transitioning as additional staff arrived for the day. I stated that moving children each day was not best practice or developmentally appropriate. INSPECTIONS: The last documented annual fire inspection was completed on 2/20/24. The last documented sanitation inspection was conducted on 3/5/24. The last documented fire drill was conducted on 9/11/24. The last documented shelter-in-place drill was conducted on 9/9/244. The last documented playground inspection was completed on 9/9/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. NEW STAFF: I reviewed the file for the staff person, who began employment, after the last visit. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I had verified that item #2 was completed on 7/25/24 Item #3: During today’s visit I was given the documentation for the observations conducted during the month of September 2024. The documentation verified that 12 of the 16 staff had been observed during the month. The documentation included the date of the observation, signature of the observer and person being observed, and the response of the person observed. The documentation did not include the time of the observation. For the place of observation, the observer had listed the center’s identification number, instead of the classroom number or playground. I stated that I would review the October observations during my next visit. Please have observations for all staff. Please add the place of observation and the time. Item #4: During the 9/5/24 visit the assistant director stated that she would review the plan during the 9/11/24 staff meeting. During today’s visit I observed a staff meeting sign-off sheet, dated 9/19/24, with the signatures of 13 of the 15 staff, who were employed on 9/19/24. The agenda for the 9/19/24 staff meeting could not be located today to verify that the revised plan with monthly observations was reviewed with them. I stated that if a copy of the agenda cannot be located for verification, another staff meeting will be needed. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The posted activity plan for classroom space #1 was dated September. GS 110-91(12); .0508(a) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Additional materials were needed for the children in care in classroom space #3 and #4. Both classrooms had empty shelving to accommodate needed materials. 10A NCAC 09 .0509(2) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menus were for the month of August. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). (1) Classroom space #3 needed feeding schedules for 3 children. (2) The feeding schedules for the infants in classroom space #1 were not available today, becauses the cabinet door would not open. 10A NCAC 09 .0902(a) 807 A safe indoor and outdoor environment was not provided for the children. Two of the three playground areas had hose that needed to be wound to eliminate a tripping hazard for children. 10A NCAC 09 .0601(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. There were safe sleep monitoring charts for the month of October for 4 of the 10 infants enrolled in classroom space #1. The information on the 4 charts indicated that the children were last monitored on 10/3/24. .0606(g) 1301 Center did not maintain a record of daily attendance. Attendance for the school age children, enrolled in classroom space #8 after school, could not be located today. GS 110-91(9) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical assessment for the staff person, who began employment on 10/1/24, was dated 9/25/23. The TB test for the staff person, who began empllyment on 10/1/24, was dated 9/14/23. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 10/23/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: STAFF OBSERVATION: If any of the requirements for the staff observations are not clear, please contact me. It is important that all the criteria for the observations in the Corrective Action Plan of the Administrative Action be met in order to close out the Action. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0509 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 10/9/2024 Number Present: 61 Completed Date: 10/9/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 09:30 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the lead teacher in classroom space #8 was checking each classroom to move the children, as needed, to maintain adequate staff/child ratios. Today’s visit was facilitated with the lead teacher in classroom space #8. The director and assistant director were not present today. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. This center was issued a Written Warning on 7/26/24. The last Annual Compliance visit was conducted on 2/15/24. OBSERVATIONS: I visited each classroom and the outdoor environment. I observed the children engaged in a variety of free choice activities and having circle time. I observed the infants having tummy time. I also observed infants and toddlers transitioning as additional staff arrived for the day. I stated that moving children each day was not best practice or developmentally appropriate. INSPECTIONS: The last documented annual fire inspection was completed on 2/20/24. The last documented sanitation inspection was conducted on 3/5/24. The last documented fire drill was conducted on 9/11/24. The last documented shelter-in-place drill was conducted on 9/9/244. The last documented playground inspection was completed on 9/9/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. NEW STAFF: I reviewed the file for the staff person, who began employment, after the last visit. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I had verified that item #2 was completed on 7/25/24 Item #3: During today’s visit I was given the documentation for the observations conducted during the month of September 2024. The documentation verified that 12 of the 16 staff had been observed during the month. The documentation included the date of the observation, signature of the observer and person being observed, and the response of the person observed. The documentation did not include the time of the observation. For the place of observation, the observer had listed the center’s identification number, instead of the classroom number or playground. I stated that I would review the October observations during my next visit. Please have observations for all staff. Please add the place of observation and the time. Item #4: During the 9/5/24 visit the assistant director stated that she would review the plan during the 9/11/24 staff meeting. During today’s visit I observed a staff meeting sign-off sheet, dated 9/19/24, with the signatures of 13 of the 15 staff, who were employed on 9/19/24. The agenda for the 9/19/24 staff meeting could not be located today to verify that the revised plan with monthly observations was reviewed with them. I stated that if a copy of the agenda cannot be located for verification, another staff meeting will be needed. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The posted activity plan for classroom space #1 was dated September. GS 110-91(12); .0508(a) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Additional materials were needed for the children in care in classroom space #3 and #4. Both classrooms had empty shelving to accommodate needed materials. 10A NCAC 09 .0509(2) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menus were for the month of August. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). (1) Classroom space #3 needed feeding schedules for 3 children. (2) The feeding schedules for the infants in classroom space #1 were not available today, becauses the cabinet door would not open. 10A NCAC 09 .0902(a) 807 A safe indoor and outdoor environment was not provided for the children. Two of the three playground areas had hose that needed to be wound to eliminate a tripping hazard for children. 10A NCAC 09 .0601(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. There were safe sleep monitoring charts for the month of October for 4 of the 10 infants enrolled in classroom space #1. The information on the 4 charts indicated that the children were last monitored on 10/3/24. .0606(g) 1301 Center did not maintain a record of daily attendance. Attendance for the school age children, enrolled in classroom space #8 after school, could not be located today. GS 110-91(9) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical assessment for the staff person, who began employment on 10/1/24, was dated 9/25/23. The TB test for the staff person, who began empllyment on 10/1/24, was dated 9/14/23. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 10/23/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: STAFF OBSERVATION: If any of the requirements for the staff observations are not clear, please contact me. It is important that all the criteria for the observations in the Corrective Action Plan of the Administrative Action be met in order to close out the Action. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0901 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 10/9/2024 Number Present: 61 Completed Date: 10/9/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 09:30 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the lead teacher in classroom space #8 was checking each classroom to move the children, as needed, to maintain adequate staff/child ratios. Today’s visit was facilitated with the lead teacher in classroom space #8. The director and assistant director were not present today. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. This center was issued a Written Warning on 7/26/24. The last Annual Compliance visit was conducted on 2/15/24. OBSERVATIONS: I visited each classroom and the outdoor environment. I observed the children engaged in a variety of free choice activities and having circle time. I observed the infants having tummy time. I also observed infants and toddlers transitioning as additional staff arrived for the day. I stated that moving children each day was not best practice or developmentally appropriate. INSPECTIONS: The last documented annual fire inspection was completed on 2/20/24. The last documented sanitation inspection was conducted on 3/5/24. The last documented fire drill was conducted on 9/11/24. The last documented shelter-in-place drill was conducted on 9/9/244. The last documented playground inspection was completed on 9/9/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. NEW STAFF: I reviewed the file for the staff person, who began employment, after the last visit. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I had verified that item #2 was completed on 7/25/24 Item #3: During today’s visit I was given the documentation for the observations conducted during the month of September 2024. The documentation verified that 12 of the 16 staff had been observed during the month. The documentation included the date of the observation, signature of the observer and person being observed, and the response of the person observed. The documentation did not include the time of the observation. For the place of observation, the observer had listed the center’s identification number, instead of the classroom number or playground. I stated that I would review the October observations during my next visit. Please have observations for all staff. Please add the place of observation and the time. Item #4: During the 9/5/24 visit the assistant director stated that she would review the plan during the 9/11/24 staff meeting. During today’s visit I observed a staff meeting sign-off sheet, dated 9/19/24, with the signatures of 13 of the 15 staff, who were employed on 9/19/24. The agenda for the 9/19/24 staff meeting could not be located today to verify that the revised plan with monthly observations was reviewed with them. I stated that if a copy of the agenda cannot be located for verification, another staff meeting will be needed. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The posted activity plan for classroom space #1 was dated September. GS 110-91(12); .0508(a) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Additional materials were needed for the children in care in classroom space #3 and #4. Both classrooms had empty shelving to accommodate needed materials. 10A NCAC 09 .0509(2) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menus were for the month of August. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). (1) Classroom space #3 needed feeding schedules for 3 children. (2) The feeding schedules for the infants in classroom space #1 were not available today, becauses the cabinet door would not open. 10A NCAC 09 .0902(a) 807 A safe indoor and outdoor environment was not provided for the children. Two of the three playground areas had hose that needed to be wound to eliminate a tripping hazard for children. 10A NCAC 09 .0601(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. There were safe sleep monitoring charts for the month of October for 4 of the 10 infants enrolled in classroom space #1. The information on the 4 charts indicated that the children were last monitored on 10/3/24. .0606(g) 1301 Center did not maintain a record of daily attendance. Attendance for the school age children, enrolled in classroom space #8 after school, could not be located today. GS 110-91(9) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical assessment for the staff person, who began employment on 10/1/24, was dated 9/25/23. The TB test for the staff person, who began empllyment on 10/1/24, was dated 9/14/23. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 10/23/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: STAFF OBSERVATION: If any of the requirements for the staff observations are not clear, please contact me. It is important that all the criteria for the observations in the Corrective Action Plan of the Administrative Action be met in order to close out the Action. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

GS 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 10/9/2024 Number Present: 61 Completed Date: 10/9/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 09:30 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the lead teacher in classroom space #8 was checking each classroom to move the children, as needed, to maintain adequate staff/child ratios. Today’s visit was facilitated with the lead teacher in classroom space #8. The director and assistant director were not present today. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. This center was issued a Written Warning on 7/26/24. The last Annual Compliance visit was conducted on 2/15/24. OBSERVATIONS: I visited each classroom and the outdoor environment. I observed the children engaged in a variety of free choice activities and having circle time. I observed the infants having tummy time. I also observed infants and toddlers transitioning as additional staff arrived for the day. I stated that moving children each day was not best practice or developmentally appropriate. INSPECTIONS: The last documented annual fire inspection was completed on 2/20/24. The last documented sanitation inspection was conducted on 3/5/24. The last documented fire drill was conducted on 9/11/24. The last documented shelter-in-place drill was conducted on 9/9/244. The last documented playground inspection was completed on 9/9/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. NEW STAFF: I reviewed the file for the staff person, who began employment, after the last visit. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I had verified that item #2 was completed on 7/25/24 Item #3: During today’s visit I was given the documentation for the observations conducted during the month of September 2024. The documentation verified that 12 of the 16 staff had been observed during the month. The documentation included the date of the observation, signature of the observer and person being observed, and the response of the person observed. The documentation did not include the time of the observation. For the place of observation, the observer had listed the center’s identification number, instead of the classroom number or playground. I stated that I would review the October observations during my next visit. Please have observations for all staff. Please add the place of observation and the time. Item #4: During the 9/5/24 visit the assistant director stated that she would review the plan during the 9/11/24 staff meeting. During today’s visit I observed a staff meeting sign-off sheet, dated 9/19/24, with the signatures of 13 of the 15 staff, who were employed on 9/19/24. The agenda for the 9/19/24 staff meeting could not be located today to verify that the revised plan with monthly observations was reviewed with them. I stated that if a copy of the agenda cannot be located for verification, another staff meeting will be needed. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The posted activity plan for classroom space #1 was dated September. GS 110-91(12); .0508(a) 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Additional materials were needed for the children in care in classroom space #3 and #4. Both classrooms had empty shelving to accommodate needed materials. 10A NCAC 09 .0509(2) 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menus were for the month of August. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). (1) Classroom space #3 needed feeding schedules for 3 children. (2) The feeding schedules for the infants in classroom space #1 were not available today, becauses the cabinet door would not open. 10A NCAC 09 .0902(a) 807 A safe indoor and outdoor environment was not provided for the children. Two of the three playground areas had hose that needed to be wound to eliminate a tripping hazard for children. 10A NCAC 09 .0601(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. There were safe sleep monitoring charts for the month of October for 4 of the 10 infants enrolled in classroom space #1. The information on the 4 charts indicated that the children were last monitored on 10/3/24. .0606(g) 1301 Center did not maintain a record of daily attendance. Attendance for the school age children, enrolled in classroom space #8 after school, could not be located today. GS 110-91(9) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The medical assessment for the staff person, who began employment on 10/1/24, was dated 9/25/23. The TB test for the staff person, who began empllyment on 10/1/24, was dated 9/14/23. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 10/23/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: STAFF OBSERVATION: If any of the requirements for the staff observations are not clear, please contact me. It is important that all the criteria for the observations in the Corrective Action Plan of the Administrative Action be met in order to close out the Action. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0902 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 9/10/2024 Number Present: 57 Completed Date: 9/10/2024 Age: From 0 To 4 Total Minutes: 55 Time In: 12:50 PM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The purpose of today’s unannounced visit was to verify that the center was maintaining adequate staff/child ratios as a follow-up of the 9/5/24 visit. This center operates with a three-star license, which was issued on 9/12/18. The license stipulates that the center maintains enhanced staff/child ratios. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 79%. OBSERVATIONS: Each classroom was visited today to monitor staff/child ratios. I observed the children resting during naptime. The center was maintaining adequate staff/child ratios, in accordance with naptime requirements (NC NCAC 09 .1801 (b). The assistant director and one lead teachers were available in the office area, if needed. The following violation was cited today: Violation Number Comment Rule 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Upon arrival in classroom space #1 there was an infant lying in her crib, drinking her bottle of milk. 10A NCAC 09 .0902(b) Since the violation cited today was corrected during the visit, a Corrective Action letter for today’s visit was not requested. I reminded the assistant director that the Corrective Action letter for the 9/5/24 visit was due by 9/19/24. The assistant director stated that she was working on the corrections. ADMINISTRATIVE ACTION: I reminded the assistant director that I would be making another Administrative Action follow-up visit to monitor the requirements in the Corrective Action Plan for the Action. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

10A NCAC 09 .0601 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 9/5/2024 Number Present: 55 Completed Date: 9/5/2024 Age: From 0 To 11 Total Minutes: 140 Time In: 10:00 AM Time Out: 12:20 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. The director is currently on leave until January 2025. The assistant director is “acting director” until the director returns in 2025. OBSERVATIONS: All appliable child care requirements for the indoor and outdoor environment were monitored today. I visited each classroom and observed interactions between staff and children. I observed the children engaged in a variety of free play activities, working on clouds to display with identifying information. I observed one group of children enjoying the outdoor environment. The children were being visually supervised. The assistant director stated that three new staff had been hired since the 7/31/24 visit. The three staff files were reviewed today. ADMINISTRATIVE ACTION: This center was issued a Written Warning 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I verified during the 7/31/24 Administrative Action follow-up visit that item #2 had been completed on 7/25/24. Item #3: At the end of the day after the 7/31/24 visit I received the revised observation plan. The plan stipulated that observations of the staff would be conducted and documented monthly. I verified during the 7/31/24 visit that seven staff had been observed during the month of July. During the 7/31/24 visit the director was aware that some of the staff had not been observed yet. During today’s visit there was no documentation to review, verifying those observations had been conducted since the 7/31/24 visit. The visit summary for the 7/31/24 visit contained documentation that the observations did not include the time of the observations, location of the observation, signature of observer, signature of person who was observed, and the staff person’s response to the observation. This center uses the KinderCare standard classroom observation tool for their observation documentation. I stated that the center could continue to use their standardized with the required additions. Item #4: The visit summary for the 7/31/24 visit stated that a second staff meeting should be conducted with the staff to review the revised plan to explain that staff observations would be conducted monthly. During today’s visit the assistant director stated that she would review the revised plan at the 9/11/24 staff meeting. During today’s visit I explained that another Administrative Action follow-up visit would be conducted to monitor for the completion of items #1, #3, and #4 of the Corrective Action Plan. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The activity plans for two classrooms were for the week of 8/26 - 8/30. The activity plans for four classrooms were not dated. GS 110-91(12); .0508(a) 601 Refrigerator(s) did not maintain a temperature of 45 degrees F. or below. The refrigerator thermometer in the infant classroom (classroom space #1) was broken. 15A NCAC 18A .2806(j)(2) 807 A safe indoor and outdoor environment was not provided for the children. The hose needed to be kept wound to eliminate a tripping hazard for the children in two of the playground spaces. 10A NCAC 09 .0601(a) 1756 Enhanced staff/child ratios and group sizes were not met. Upon arrival there were 10 children, age 2, in classroom space #5 with one teacher. 10A NCAC 09 .2818 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. The staff person, who began employment on 8/29/24, did not have a signed Shaken Baby policy on file. .0608(d)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The staff person, who began employment on 8/5/24, did not have a medical assessment on file. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 9/19/24, stating how each violation has been corrected. Since a violation of staff/child ratios was cited today, another unannounced visit will be conducted soon to monitor staff/child ratios. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. TECHNICAL ASSISTANCE was provided today in the following areas: NEW STAFF ORIENTATION: The new staff orientation form for one of the new staff, indicated that 16 hours of orientation training had been conducted with the new staff person on 8/26/24. The assistant director stated that she was not familiar with how to document the orientation training. Technical Assistance was provided. The assistant director will complete a corrected orientation form for the file. CHILD CARE HEALTH CONSULTANT If you have any health-related questions please reach out to our new Child Care Health Consultant Ellie Morris. Her contact information is below. morrise@email.unc.edu, (919 )809-9645. AGENCY NEWS AND UPDATES: Visit the DCDEE website at https://ncchildcare.ncdhhs.gov/ often. Click on the “What’s New” tab for new requirements and updates. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .2818 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 9/5/2024 Number Present: 55 Completed Date: 9/5/2024 Age: From 0 To 11 Total Minutes: 140 Time In: 10:00 AM Time Out: 12:20 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. The director is currently on leave until January 2025. The assistant director is “acting director” until the director returns in 2025. OBSERVATIONS: All appliable child care requirements for the indoor and outdoor environment were monitored today. I visited each classroom and observed interactions between staff and children. I observed the children engaged in a variety of free play activities, working on clouds to display with identifying information. I observed one group of children enjoying the outdoor environment. The children were being visually supervised. The assistant director stated that three new staff had been hired since the 7/31/24 visit. The three staff files were reviewed today. ADMINISTRATIVE ACTION: This center was issued a Written Warning 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I verified during the 7/31/24 Administrative Action follow-up visit that item #2 had been completed on 7/25/24. Item #3: At the end of the day after the 7/31/24 visit I received the revised observation plan. The plan stipulated that observations of the staff would be conducted and documented monthly. I verified during the 7/31/24 visit that seven staff had been observed during the month of July. During the 7/31/24 visit the director was aware that some of the staff had not been observed yet. During today’s visit there was no documentation to review, verifying those observations had been conducted since the 7/31/24 visit. The visit summary for the 7/31/24 visit contained documentation that the observations did not include the time of the observations, location of the observation, signature of observer, signature of person who was observed, and the staff person’s response to the observation. This center uses the KinderCare standard classroom observation tool for their observation documentation. I stated that the center could continue to use their standardized with the required additions. Item #4: The visit summary for the 7/31/24 visit stated that a second staff meeting should be conducted with the staff to review the revised plan to explain that staff observations would be conducted monthly. During today’s visit the assistant director stated that she would review the revised plan at the 9/11/24 staff meeting. During today’s visit I explained that another Administrative Action follow-up visit would be conducted to monitor for the completion of items #1, #3, and #4 of the Corrective Action Plan. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The activity plans for two classrooms were for the week of 8/26 - 8/30. The activity plans for four classrooms were not dated. GS 110-91(12); .0508(a) 601 Refrigerator(s) did not maintain a temperature of 45 degrees F. or below. The refrigerator thermometer in the infant classroom (classroom space #1) was broken. 15A NCAC 18A .2806(j)(2) 807 A safe indoor and outdoor environment was not provided for the children. The hose needed to be kept wound to eliminate a tripping hazard for the children in two of the playground spaces. 10A NCAC 09 .0601(a) 1756 Enhanced staff/child ratios and group sizes were not met. Upon arrival there were 10 children, age 2, in classroom space #5 with one teacher. 10A NCAC 09 .2818 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. The staff person, who began employment on 8/29/24, did not have a signed Shaken Baby policy on file. .0608(d)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The staff person, who began employment on 8/5/24, did not have a medical assessment on file. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 9/19/24, stating how each violation has been corrected. Since a violation of staff/child ratios was cited today, another unannounced visit will be conducted soon to monitor staff/child ratios. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. TECHNICAL ASSISTANCE was provided today in the following areas: NEW STAFF ORIENTATION: The new staff orientation form for one of the new staff, indicated that 16 hours of orientation training had been conducted with the new staff person on 8/26/24. The assistant director stated that she was not familiar with how to document the orientation training. Technical Assistance was provided. The assistant director will complete a corrected orientation form for the file. CHILD CARE HEALTH CONSULTANT If you have any health-related questions please reach out to our new Child Care Health Consultant Ellie Morris. Her contact information is below. morrise@email.unc.edu, (919 )809-9645. AGENCY NEWS AND UPDATES: Visit the DCDEE website at https://ncchildcare.ncdhhs.gov/ often. Click on the “What’s New” tab for new requirements and updates. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

GS 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 9/5/2024 Number Present: 55 Completed Date: 9/5/2024 Age: From 0 To 11 Total Minutes: 140 Time In: 10:00 AM Time Out: 12:20 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The purpose of today’s unannounced visit was to monitor applicable child care requirements during an Administrative Action follow-up visit. The director is currently on leave until January 2025. The assistant director is “acting director” until the director returns in 2025. OBSERVATIONS: All appliable child care requirements for the indoor and outdoor environment were monitored today. I visited each classroom and observed interactions between staff and children. I observed the children engaged in a variety of free play activities, working on clouds to display with identifying information. I observed one group of children enjoying the outdoor environment. The children were being visually supervised. The assistant director stated that three new staff had been hired since the 7/31/24 visit. The three staff files were reviewed today. ADMINISTRATIVE ACTION: This center was issued a Written Warning 7/26/24. The Corrective Action Plan for the Administrative Action was monitored today: Item #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding the current policies at KinderCare. Item #2: I verified during the 7/31/24 Administrative Action follow-up visit that item #2 had been completed on 7/25/24. Item #3: At the end of the day after the 7/31/24 visit I received the revised observation plan. The plan stipulated that observations of the staff would be conducted and documented monthly. I verified during the 7/31/24 visit that seven staff had been observed during the month of July. During the 7/31/24 visit the director was aware that some of the staff had not been observed yet. During today’s visit there was no documentation to review, verifying those observations had been conducted since the 7/31/24 visit. The visit summary for the 7/31/24 visit contained documentation that the observations did not include the time of the observations, location of the observation, signature of observer, signature of person who was observed, and the staff person’s response to the observation. This center uses the KinderCare standard classroom observation tool for their observation documentation. I stated that the center could continue to use their standardized with the required additions. Item #4: The visit summary for the 7/31/24 visit stated that a second staff meeting should be conducted with the staff to review the revised plan to explain that staff observations would be conducted monthly. During today’s visit the assistant director stated that she would review the revised plan at the 9/11/24 staff meeting. During today’s visit I explained that another Administrative Action follow-up visit would be conducted to monitor for the completion of items #1, #3, and #4 of the Corrective Action Plan. The following violations were cited today: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. The activity plans for two classrooms were for the week of 8/26 - 8/30. The activity plans for four classrooms were not dated. GS 110-91(12); .0508(a) 601 Refrigerator(s) did not maintain a temperature of 45 degrees F. or below. The refrigerator thermometer in the infant classroom (classroom space #1) was broken. 15A NCAC 18A .2806(j)(2) 807 A safe indoor and outdoor environment was not provided for the children. The hose needed to be kept wound to eliminate a tripping hazard for the children in two of the playground spaces. 10A NCAC 09 .0601(a) 1756 Enhanced staff/child ratios and group sizes were not met. Upon arrival there were 10 children, age 2, in classroom space #5 with one teacher. 10A NCAC 09 .2818 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. The staff person, who began employment on 8/29/24, did not have a signed Shaken Baby policy on file. .0608(d)(1-4) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. The staff person, who began employment on 8/5/24, did not have a medical assessment on file. .0701(d) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 9/19/24, stating how each violation has been corrected. Since a violation of staff/child ratios was cited today, another unannounced visit will be conducted soon to monitor staff/child ratios. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe was 80%. TECHNICAL ASSISTANCE was provided today in the following areas: NEW STAFF ORIENTATION: The new staff orientation form for one of the new staff, indicated that 16 hours of orientation training had been conducted with the new staff person on 8/26/24. The assistant director stated that she was not familiar with how to document the orientation training. Technical Assistance was provided. The assistant director will complete a corrected orientation form for the file. CHILD CARE HEALTH CONSULTANT If you have any health-related questions please reach out to our new Child Care Health Consultant Ellie Morris. Her contact information is below. morrise@email.unc.edu, (919 )809-9645. AGENCY NEWS AND UPDATES: Visit the DCDEE website at https://ncchildcare.ncdhhs.gov/ often. Click on the “What’s New” tab for new requirements and updates. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0902 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 7/31/2024 Number Present: 77 Completed Date: 7/31/2024 Age: From 0 To 12 Total Minutes: 165 Time In: 08:45 AM Time Out: 11:30 AM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the staff greeted me. The purpose of today’s unannounced visit was to conduct an Administrative Action follow-up visit. The last Annual Compliance visit was conducted on 1/29/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe is 82%. Each classroom and the outdoor environment were visited during the visit. The center was short-staffed. The director stated that six staff had left employment at this location in the past two months. During today’s visit adequate staff/child ratios were being maintained with the assistance of the administrative staff working in the classrooms and by combining the children in classroom space #2 and #4. All children were being visually supervised. OBSERVATIONS: I observed the children finishing breakfast and engaged in free play activities. I observed the school age group boarding the KinderCare vans for a field trip to Marbles Museum in Raleigh. INSPECTIONS: The last documented annual fire inspection was completed on 1/23/24. The last documented sanitation inspection was conducted on 2/13/24. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/6/24. The Corrective Action Plan for the Written Warning was monitored today. CORRECTIVE ACTION PLAN: ITEM #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding KinderCare’s current policies. Item #2: The training was conducted at the center on 7/25/24 and documentation was received on 7/25/24. Item #2 of the Corrective Action Plan has been completed. Item #3: I received the written plan from the director on 7/5/24. I had emailed the director that the plan was appropriate. During today’s visit, I stated that I had made a mistake; one piece of information was missing from the plan. The wording in item #2 of the Corrective Action Plan states “a written plan for ROUTINE observations and evaluations of each staff member. Based on this wording, the plan needs to be revised, adding information on the timeframe for ongoing observations. I stated that I needed to receive the revised policy by Wednesday, August 7, 2024. During today’s visit I observed that the observations of seven staff. The observation for one staff could not be located. The director stated that observations of the two school age staff had not been conducted. The observations included the date, name of the staff person being observed, name of the observer, observation summary, and guidance (goals). The observations did not include the following items as stipulated in the Corrective Action Plan: Time of observation, location of observation, signature of observer, signature of staff person being observed, and staff person’s response. Observations were completed on standard KinderCare observation forms. The director will add the missing items at the bottom or back of the standardized form to meet all the Corrective Action Plan Item #4: The staff meeting was held on 7/25/24. I received the staff agenda from the director on 7/29/24, along with the signatures of the attendees. The agenda did not include a discussion of the observation plan in item #3 as stated in the Administrative Action. The director stated that since she began the observations prior to the staff meeting, she discussed the plan with each staff member individually before their observation. I stated that the administrative staff needed to have another staff meeting to review the revised observation plan with the staff. Please send me documentation of the staff meeting to include the agenda and attendance roster. I stated that I would review the observations/evaluations again during the next follow-up visit. The following violations were cited today: Violation Number Comment Rule 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Several shelving units in classroom space #5 were empty. Additional materials and equipment was needed for the 9 children present today. 10A NCAC 09 .0509(2) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Upon arrival in the infant classroom (classroom space #1), one infant was lying on his back on the floor, drinking his bottle of milk. 10A NCAC 09 .0902(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. One child (under the age of 15 months) in classroom space #2 did not have a feeding schedule. 10A NCAC 09 .0902(a) 805 Fire drills were not practiced monthly and/or the drill record was incomplete. The last documented fire drill was conducted on 3/20/24. .0604(t); .0302(d)(5) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection was conducted on 5/20/24. .0605(q) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented shelter-in-place drill was conducted on 3/14/24. .0604(u);.0302(d)(8) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 8/14/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: ADMINISTRATIVE STAFF: The director of this center will begin an extended leave tomorrow, 8/1/24. The director stated that the assistant director would be in charge during her absence. The director stated that additional teaching staff were being sent to this KinderCare location to help. I suggested that the assistant director reach out to the Regional Manager for assistance with the observations. AQUATICS POLICY: During the 7/25/24 training session at the center, we learned that the school age children were going swimming weekly in Hillsborough. The director stated she was not aware that an aquatics policy was required. We stated that the aquatics policy requirements were listed in NC Child Care Rules 10NCAC 09. 1403. I encouraged the staff to seek assistance from the Regional Manager to develop aquatic policies. On 7/30/24 the director contacted me to inform me that KinderCare would not carry the children swimming anymore, since they did not have an aquatics policy. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .0509 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 7/31/2024 Number Present: 77 Completed Date: 7/31/2024 Age: From 0 To 12 Total Minutes: 165 Time In: 08:45 AM Time Out: 11:30 AM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the staff greeted me. The purpose of today’s unannounced visit was to conduct an Administrative Action follow-up visit. The last Annual Compliance visit was conducted on 1/29/24. COMPLIANCE HISTORY: The compliance history for this center for the previous eighteen-month timeframe is 82%. Each classroom and the outdoor environment were visited during the visit. The center was short-staffed. The director stated that six staff had left employment at this location in the past two months. During today’s visit adequate staff/child ratios were being maintained with the assistance of the administrative staff working in the classrooms and by combining the children in classroom space #2 and #4. All children were being visually supervised. OBSERVATIONS: I observed the children finishing breakfast and engaged in free play activities. I observed the school age group boarding the KinderCare vans for a field trip to Marbles Museum in Raleigh. INSPECTIONS: The last documented annual fire inspection was completed on 1/23/24. The last documented sanitation inspection was conducted on 2/13/24. ADMINISTRATIVE ACTION: This center was issued a Written Warning on 7/6/24. The Corrective Action Plan for the Written Warning was monitored today. CORRECTIVE ACTION PLAN: ITEM #1: No concerns regarding the nurturing care of children were observed today. No violations were cited today, regarding KinderCare’s current policies. Item #2: The training was conducted at the center on 7/25/24 and documentation was received on 7/25/24. Item #2 of the Corrective Action Plan has been completed. Item #3: I received the written plan from the director on 7/5/24. I had emailed the director that the plan was appropriate. During today’s visit, I stated that I had made a mistake; one piece of information was missing from the plan. The wording in item #2 of the Corrective Action Plan states “a written plan for ROUTINE observations and evaluations of each staff member. Based on this wording, the plan needs to be revised, adding information on the timeframe for ongoing observations. I stated that I needed to receive the revised policy by Wednesday, August 7, 2024. During today’s visit I observed that the observations of seven staff. The observation for one staff could not be located. The director stated that observations of the two school age staff had not been conducted. The observations included the date, name of the staff person being observed, name of the observer, observation summary, and guidance (goals). The observations did not include the following items as stipulated in the Corrective Action Plan: Time of observation, location of observation, signature of observer, signature of staff person being observed, and staff person’s response. Observations were completed on standard KinderCare observation forms. The director will add the missing items at the bottom or back of the standardized form to meet all the Corrective Action Plan Item #4: The staff meeting was held on 7/25/24. I received the staff agenda from the director on 7/29/24, along with the signatures of the attendees. The agenda did not include a discussion of the observation plan in item #3 as stated in the Administrative Action. The director stated that since she began the observations prior to the staff meeting, she discussed the plan with each staff member individually before their observation. I stated that the administrative staff needed to have another staff meeting to review the revised observation plan with the staff. Please send me documentation of the staff meeting to include the agenda and attendance roster. I stated that I would review the observations/evaluations again during the next follow-up visit. The following violations were cited today: Violation Number Comment Rule 434 The materials and equipment indoors and outdoors were not sufficient to provide a variety of play experiences to promote the children's emotional and social development, health and physical development, approaches to play and learning, language and communication development, and cognitive development. Several shelving units in classroom space #5 were empty. Additional materials and equipment was needed for the 9 children present today. 10A NCAC 09 .0509(2) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Upon arrival in the infant classroom (classroom space #1), one infant was lying on his back on the floor, drinking his bottle of milk. 10A NCAC 09 .0902(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. One child (under the age of 15 months) in classroom space #2 did not have a feeding schedule. 10A NCAC 09 .0902(a) 805 Fire drills were not practiced monthly and/or the drill record was incomplete. The last documented fire drill was conducted on 3/20/24. .0604(t); .0302(d)(5) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection was conducted on 5/20/24. .0605(q) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented shelter-in-place drill was conducted on 3/14/24. .0604(u);.0302(d)(8) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 8/14/24, stating how each violation has been corrected. TECHNICAL ASSISTANCE was provided today in the following areas: ADMINISTRATIVE STAFF: The director of this center will begin an extended leave tomorrow, 8/1/24. The director stated that the assistant director would be in charge during her absence. The director stated that additional teaching staff were being sent to this KinderCare location to help. I suggested that the assistant director reach out to the Regional Manager for assistance with the observations. AQUATICS POLICY: During the 7/25/24 training session at the center, we learned that the school age children were going swimming weekly in Hillsborough. The director stated she was not aware that an aquatics policy was required. We stated that the aquatics policy requirements were listed in NC Child Care Rules 10NCAC 09. 1403. I encouraged the staff to seek assistance from the Regional Manager to develop aquatic policies. On 7/30/24 the director contacted me to inform me that KinderCare would not carry the children swimming anymore, since they did not have an aquatics policy. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .2201 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: CUSARAH RIDDICK Operation Type: Center Case Number: 0724-014A Visit Date: 7/18/2024 Number Present: 73 Completed Date: 7/18/2024 Age: From 0 To 12 Total Minutes: 21 Time In: 09:54 AM Time Out: 10:15 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Follow-Up Announced/Unannounced: Unannounced The purpose of this unannounced visit was to follow-up regarding allegations of violations of child care requirements at this child care facility. Casey Jones, Director, accompanied me during a walk-through of the facility . During the visit, I spoke with Ms. Jones and two additional staff members. Limited monitoring of child care requirements occurred during today’s visit. The following violations were observed and/or confirmed during today’s visit. Violation Number Comment Rule 1948 Following the issuance of any administrative action the operator did not post the administrative action, cover letter, and/or corrective action plan, if applicable, in a location visible to parents and visitors near the entrance of the child care facility during the pendency of an appeal and/or throughout the effective time period of the administrative action. (Applicable to administrative actions after 2/1/19). The Administrative Action recently issued in June 2024 was not posted nor available for the Division Representative review. 10A NCAC 09 .2201(i)(1-4) All violations documented above must be corrected immediately. A written, dated, and signed letter of compliance must be submitted to me within one week, by July 25, 2024, describing how and when the violations were corrected and how compliance will be maintained in the future. The letter of compliance should be emailed to Cusarah Riddick, Investigation Consultant, 919-208-0546, cusarah.riddick@dhhs.nc.gov. You may contact me at (Cusarah Riddick, Investigations Consultant, 919-208-0546, Cusarah.riddick@dhhs.nc.gov) or (Sheronda Harris, Supervisor, Sheronda.harris@dhhs.nc.gov). Thank you for your time. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .2200 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: CUSARAH RIDDICK Operation Type: Center Case Number: 0724-014A Visit Date: 7/2/2024 Number Present: 64 Completed Date: 7/2/2024 Age: From 0 To 5 Total Minutes: 93 Time In: 09:52 AM Time Out: 11:25 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of this unannounced visit was to investigate allegations of violations of child care requirements at this child care facility. Kisha Dixon, Assistant Director, accompanied me during a walk-through of the facility . During the visit, I discussed the allegations with Ms. Dixon and additional staff members. Limited monitoring of child care requirements occurred during today’s visit. Violation Number Comment Rule 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. A staff member on more than one occasion raised their tone at children. In June 2024, a staff member pulled a 5-year-old child by their hands off the floor instead of underneath their arms. G.S. 110-91(10) You may contact me at (Cusarah Riddick, Investigations Consultant, 919-208-0546, Cusarah.riddick@dhhs.nc.gov) or (Sheronda Harris, Supervisor, Sheronda.harris@dhhs.nc.gov). Thank you for your time. 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 .2200). 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

G.S. 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: CUSARAH RIDDICK Operation Type: Center Case Number: 0724-014A Visit Date: 7/2/2024 Number Present: 64 Completed Date: 7/2/2024 Age: From 0 To 5 Total Minutes: 93 Time In: 09:52 AM Time Out: 11:25 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of this unannounced visit was to investigate allegations of violations of child care requirements at this child care facility. Kisha Dixon, Assistant Director, accompanied me during a walk-through of the facility . During the visit, I discussed the allegations with Ms. Dixon and additional staff members. Limited monitoring of child care requirements occurred during today’s visit. Violation Number Comment Rule 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. A staff member on more than one occasion raised their tone at children. In June 2024, a staff member pulled a 5-year-old child by their hands off the floor instead of underneath their arms. G.S. 110-91(10) You may contact me at (Cusarah Riddick, Investigations Consultant, 919-208-0546, Cusarah.riddick@dhhs.nc.gov) or (Sheronda Harris, Supervisor, Sheronda.harris@dhhs.nc.gov). Thank you for your time. 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 .2200). 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .0902 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 0424-389L Visit Date: 5/6/2024 Number Present: 70 Completed Date: 5/6/2024 Age: From 0 To 5 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced Upon arrival at the facility today, I was greeted by the assistant director. Since the director was out of town, today’s visit was conducted with the assistant director. I informed the assistant director that the Division had received a report of possible non-compliance with the licensing requirements, and I was making today’s unannounced visit to gather information pertaining to the matter. The assistant director was given the opportunity to ask any questions related to the investigation process. On April 24, 2024, the Division of Child Development and Early Education received an anonymous report alleging non-compliance with NC Child Care Licensing Requirements at this center. The report included two pictures and a video. On April 29, 2024, the director contacted me to say that the center was dealing with staff dismissal issues. The director stated that she had contacted KinderCare Human Resources Department for guidance. On April 29, 2024 the reporter contacted DCDEE again to add an additional concern to the report. The allegations in the combined report were: ALLEGATION #1: The reporter had concerns regarding staff/child ratios and the supervision of children. ALLEGATION #2: The reporter had sanitation and health concerns at the center. ALLEGATION #3: The reporter had concerns about a safe environment for children. ALLEGATION #4: The reporter had concerns about the nurturing care of children. ALLEGATION #5: The reporter had concerns with program policy, regarding taking the children’s pictures. I visited each classroom and completed the staff/child ratio worksheet. I observed the children having free play, having story time, working on an art project, and engaged in a teacher-directed activity on numbers and shapes. Comments section: After visiting the classrooms, I discussed the report with the assistant director. Allegation #1: Staff/child ratios and Supervision Each classroom was maintaining adequate staff/child ratios during the visit. The teacher in the Pre-K classroom explained how staff/child ratios were maintained throughout the operating day with the arrival of additional children in the afternoon. The children were being visually supervised during the visit. Due to stormy weather, the outdoor environment was not monitored during the visit. During today’s visit I reviewed the licensed capacity of the three fenced-in spaces with the assistant director. The assistant director gave the following information: The children in classroom space #1, 2, and 4 used playground space #1. The children in classroom space #3, 5, and 6 typical use playground space #3 or 2. The children in classroom space #8 and the school age children in #7 use playground space #2. The classes usually stagger their outdoor play time. It was determined that more than one group of children could use one of the outdoor play areas at the same time, based on the amount of fenced-in space available. According to the calculations in the KinderCare at Duke Street working file, the playground capacity is Playground I (18 children); Playground II (90 children), and Playground III (71) children. Based on observations today, it was determined that the allegation regarding staff//child ratios and supervision was UNSUBSTANTIATED. Allegation #2: Sanitation and Health Upon arrival I observed that the reception area, hallway, kitchen, classrooms, office, and bathrooms were newly painted. The teachers were still in the process of re-posting information. The painting project ended last Friday. I observed that the bathrooms and kitchen were clean. There was a cleaning schedule posted in the office, which reflected the cleaning items that staff were to complete each day before leaving the building. The assistant director stated that they were seeking approval for additional cleaning assistance to further minimize staff cleaning requirements. HEALTH CONCERNS: During today’s visit I was given a copy of the employee handbook. The handbook covered all the required topics in accordance with NC Child Care Rule 10NCAC 09 .0514. The handbook did not contain a policy of staff notification if there was a health concern with the children. Based on my observations and KinderCare policy the allegation, regarding sanitation and health was UNSUBSTANTIATED. Allegation #3: Safe Environment The employee handbook contained a specific policy on harassment and conflict resolution between co-workers on page 23. The assistant director stated that former employees were allowed to visit the center if their termination had been voluntary. Center guests must ring a buzzer and be granted entrance into the center. The assistant director stated that if family members of staff visit the center, they are required to wait in the reception area until the staff person can leave the classroom to visit them, and visitors do not go into classrooms occupied by the children. This policy was not included in the employment handbook. Based on my observations and KinderCare policy the allegation, regarding safe environment was UNSUBSTANTIATED. Allegation #4: nurturing care The anonymous reporter had sent DCDEE a selfie video of a teacher in one of the classrooms with children around her. The children in the video were age 2. The teacher spoke to a child in a harsh manner in the video. The child were obstructing her image in the video. The assistant director had already viewed the video. She stated that the teacher had been disciplined with a write-in in her file. The assistant director stated that the director could send me a copy of the disciplinary action upon her return to the center next week. It was determined that the allegation regarding nurturing care was SUBSTANTIATED. Allegation #5: Program Policy The employee handbook specifically stated that personal cameras and phones would not be used to take pictures of the children on page 9. Photos and videos were not to be posted on any sharing platform. On the application for enrollment parents were asked if their children’s picture could be taken with a KinderCare camera. The assistant director was aware that one of the staff had taken a picture of children on the playground using her personal phone, and then forwarded these photos to other people. She stated that the teacher had been disciplined with a write-in in her file. The assistant director stated that the director could send me a copy of the disciplinary action upon her return to the center next week. It was determined that the allegation regarding failure to follow program policy was SUBSTANTIATED. The compliance history for this center for the previous 18-month timeframe is 83%. The following violations were cited during today’s visit. Violation Number Comment Rule 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). One child, under the age of 15 months, did not have a feeding schedule. He had been attending the center for approximately 2 weeks. 10A NCAC 09 .0902(a) 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. A teacher, who began employment on 2/20/24, used harsh language when a child (age 2) was trying to see his image in a selfie video the teacher was taking. G.S. 110-91(10) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. The staff person, who began employment on 2/20/24, had not completed her new staff orientation. .1101(a) 1200 Facility did not follow written operational policies. A staff person took pictures of children on her personal phone and forwarded them over the internet, which was against the center's written policy. 10A NCAC 09 .2805(a) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 5/20/24, stating how each violation has been corrected. Technical Assistance was provided today on the reported allegations. Please work with your KinderCare Regional Manager to discuss and implement plans to avoid these issues in the future. STAFF PERSONNEL HANDBOOK: The staff personnel manual covered the required topics in accordance with NC Child Care Rule 10 NCAC 09 .0514. I suggested that the administrative staff talk with the Regional Manager about the possibility of enhancing the personnel handbook to add policy information on the issues discussed today to include apprising staff of child health issues and procedures for staff family/friend visitation. A clear policy on these items could be beneficial is negating issues before they escalate. RATED LICENSE: Prior to receiving this report, the consultant had scheduled a Technical Assistance visit with the director and assistant director on 5/29/24 to discuss a timeline for the Rated License reassessment process. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)819-9366 or toni.fuller@dhhs.nc.gov. 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .2805 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 0424-389L Visit Date: 5/6/2024 Number Present: 70 Completed Date: 5/6/2024 Age: From 0 To 5 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced Upon arrival at the facility today, I was greeted by the assistant director. Since the director was out of town, today’s visit was conducted with the assistant director. I informed the assistant director that the Division had received a report of possible non-compliance with the licensing requirements, and I was making today’s unannounced visit to gather information pertaining to the matter. The assistant director was given the opportunity to ask any questions related to the investigation process. On April 24, 2024, the Division of Child Development and Early Education received an anonymous report alleging non-compliance with NC Child Care Licensing Requirements at this center. The report included two pictures and a video. On April 29, 2024, the director contacted me to say that the center was dealing with staff dismissal issues. The director stated that she had contacted KinderCare Human Resources Department for guidance. On April 29, 2024 the reporter contacted DCDEE again to add an additional concern to the report. The allegations in the combined report were: ALLEGATION #1: The reporter had concerns regarding staff/child ratios and the supervision of children. ALLEGATION #2: The reporter had sanitation and health concerns at the center. ALLEGATION #3: The reporter had concerns about a safe environment for children. ALLEGATION #4: The reporter had concerns about the nurturing care of children. ALLEGATION #5: The reporter had concerns with program policy, regarding taking the children’s pictures. I visited each classroom and completed the staff/child ratio worksheet. I observed the children having free play, having story time, working on an art project, and engaged in a teacher-directed activity on numbers and shapes. Comments section: After visiting the classrooms, I discussed the report with the assistant director. Allegation #1: Staff/child ratios and Supervision Each classroom was maintaining adequate staff/child ratios during the visit. The teacher in the Pre-K classroom explained how staff/child ratios were maintained throughout the operating day with the arrival of additional children in the afternoon. The children were being visually supervised during the visit. Due to stormy weather, the outdoor environment was not monitored during the visit. During today’s visit I reviewed the licensed capacity of the three fenced-in spaces with the assistant director. The assistant director gave the following information: The children in classroom space #1, 2, and 4 used playground space #1. The children in classroom space #3, 5, and 6 typical use playground space #3 or 2. The children in classroom space #8 and the school age children in #7 use playground space #2. The classes usually stagger their outdoor play time. It was determined that more than one group of children could use one of the outdoor play areas at the same time, based on the amount of fenced-in space available. According to the calculations in the KinderCare at Duke Street working file, the playground capacity is Playground I (18 children); Playground II (90 children), and Playground III (71) children. Based on observations today, it was determined that the allegation regarding staff//child ratios and supervision was UNSUBSTANTIATED. Allegation #2: Sanitation and Health Upon arrival I observed that the reception area, hallway, kitchen, classrooms, office, and bathrooms were newly painted. The teachers were still in the process of re-posting information. The painting project ended last Friday. I observed that the bathrooms and kitchen were clean. There was a cleaning schedule posted in the office, which reflected the cleaning items that staff were to complete each day before leaving the building. The assistant director stated that they were seeking approval for additional cleaning assistance to further minimize staff cleaning requirements. HEALTH CONCERNS: During today’s visit I was given a copy of the employee handbook. The handbook covered all the required topics in accordance with NC Child Care Rule 10NCAC 09 .0514. The handbook did not contain a policy of staff notification if there was a health concern with the children. Based on my observations and KinderCare policy the allegation, regarding sanitation and health was UNSUBSTANTIATED. Allegation #3: Safe Environment The employee handbook contained a specific policy on harassment and conflict resolution between co-workers on page 23. The assistant director stated that former employees were allowed to visit the center if their termination had been voluntary. Center guests must ring a buzzer and be granted entrance into the center. The assistant director stated that if family members of staff visit the center, they are required to wait in the reception area until the staff person can leave the classroom to visit them, and visitors do not go into classrooms occupied by the children. This policy was not included in the employment handbook. Based on my observations and KinderCare policy the allegation, regarding safe environment was UNSUBSTANTIATED. Allegation #4: nurturing care The anonymous reporter had sent DCDEE a selfie video of a teacher in one of the classrooms with children around her. The children in the video were age 2. The teacher spoke to a child in a harsh manner in the video. The child were obstructing her image in the video. The assistant director had already viewed the video. She stated that the teacher had been disciplined with a write-in in her file. The assistant director stated that the director could send me a copy of the disciplinary action upon her return to the center next week. It was determined that the allegation regarding nurturing care was SUBSTANTIATED. Allegation #5: Program Policy The employee handbook specifically stated that personal cameras and phones would not be used to take pictures of the children on page 9. Photos and videos were not to be posted on any sharing platform. On the application for enrollment parents were asked if their children’s picture could be taken with a KinderCare camera. The assistant director was aware that one of the staff had taken a picture of children on the playground using her personal phone, and then forwarded these photos to other people. She stated that the teacher had been disciplined with a write-in in her file. The assistant director stated that the director could send me a copy of the disciplinary action upon her return to the center next week. It was determined that the allegation regarding failure to follow program policy was SUBSTANTIATED. The compliance history for this center for the previous 18-month timeframe is 83%. The following violations were cited during today’s visit. Violation Number Comment Rule 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). One child, under the age of 15 months, did not have a feeding schedule. He had been attending the center for approximately 2 weeks. 10A NCAC 09 .0902(a) 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. A teacher, who began employment on 2/20/24, used harsh language when a child (age 2) was trying to see his image in a selfie video the teacher was taking. G.S. 110-91(10) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. The staff person, who began employment on 2/20/24, had not completed her new staff orientation. .1101(a) 1200 Facility did not follow written operational policies. A staff person took pictures of children on her personal phone and forwarded them over the internet, which was against the center's written policy. 10A NCAC 09 .2805(a) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 5/20/24, stating how each violation has been corrected. Technical Assistance was provided today on the reported allegations. Please work with your KinderCare Regional Manager to discuss and implement plans to avoid these issues in the future. STAFF PERSONNEL HANDBOOK: The staff personnel manual covered the required topics in accordance with NC Child Care Rule 10 NCAC 09 .0514. I suggested that the administrative staff talk with the Regional Manager about the possibility of enhancing the personnel handbook to add policy information on the issues discussed today to include apprising staff of child health issues and procedures for staff family/friend visitation. A clear policy on these items could be beneficial is negating issues before they escalate. RATED LICENSE: Prior to receiving this report, the consultant had scheduled a Technical Assistance visit with the director and assistant director on 5/29/24 to discuss a timeline for the Rated License reassessment process. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)819-9366 or toni.fuller@dhhs.nc.gov. 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

G.S. 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 0424-389L Visit Date: 5/6/2024 Number Present: 70 Completed Date: 5/6/2024 Age: From 0 To 5 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced Upon arrival at the facility today, I was greeted by the assistant director. Since the director was out of town, today’s visit was conducted with the assistant director. I informed the assistant director that the Division had received a report of possible non-compliance with the licensing requirements, and I was making today’s unannounced visit to gather information pertaining to the matter. The assistant director was given the opportunity to ask any questions related to the investigation process. On April 24, 2024, the Division of Child Development and Early Education received an anonymous report alleging non-compliance with NC Child Care Licensing Requirements at this center. The report included two pictures and a video. On April 29, 2024, the director contacted me to say that the center was dealing with staff dismissal issues. The director stated that she had contacted KinderCare Human Resources Department for guidance. On April 29, 2024 the reporter contacted DCDEE again to add an additional concern to the report. The allegations in the combined report were: ALLEGATION #1: The reporter had concerns regarding staff/child ratios and the supervision of children. ALLEGATION #2: The reporter had sanitation and health concerns at the center. ALLEGATION #3: The reporter had concerns about a safe environment for children. ALLEGATION #4: The reporter had concerns about the nurturing care of children. ALLEGATION #5: The reporter had concerns with program policy, regarding taking the children’s pictures. I visited each classroom and completed the staff/child ratio worksheet. I observed the children having free play, having story time, working on an art project, and engaged in a teacher-directed activity on numbers and shapes. Comments section: After visiting the classrooms, I discussed the report with the assistant director. Allegation #1: Staff/child ratios and Supervision Each classroom was maintaining adequate staff/child ratios during the visit. The teacher in the Pre-K classroom explained how staff/child ratios were maintained throughout the operating day with the arrival of additional children in the afternoon. The children were being visually supervised during the visit. Due to stormy weather, the outdoor environment was not monitored during the visit. During today’s visit I reviewed the licensed capacity of the three fenced-in spaces with the assistant director. The assistant director gave the following information: The children in classroom space #1, 2, and 4 used playground space #1. The children in classroom space #3, 5, and 6 typical use playground space #3 or 2. The children in classroom space #8 and the school age children in #7 use playground space #2. The classes usually stagger their outdoor play time. It was determined that more than one group of children could use one of the outdoor play areas at the same time, based on the amount of fenced-in space available. According to the calculations in the KinderCare at Duke Street working file, the playground capacity is Playground I (18 children); Playground II (90 children), and Playground III (71) children. Based on observations today, it was determined that the allegation regarding staff//child ratios and supervision was UNSUBSTANTIATED. Allegation #2: Sanitation and Health Upon arrival I observed that the reception area, hallway, kitchen, classrooms, office, and bathrooms were newly painted. The teachers were still in the process of re-posting information. The painting project ended last Friday. I observed that the bathrooms and kitchen were clean. There was a cleaning schedule posted in the office, which reflected the cleaning items that staff were to complete each day before leaving the building. The assistant director stated that they were seeking approval for additional cleaning assistance to further minimize staff cleaning requirements. HEALTH CONCERNS: During today’s visit I was given a copy of the employee handbook. The handbook covered all the required topics in accordance with NC Child Care Rule 10NCAC 09 .0514. The handbook did not contain a policy of staff notification if there was a health concern with the children. Based on my observations and KinderCare policy the allegation, regarding sanitation and health was UNSUBSTANTIATED. Allegation #3: Safe Environment The employee handbook contained a specific policy on harassment and conflict resolution between co-workers on page 23. The assistant director stated that former employees were allowed to visit the center if their termination had been voluntary. Center guests must ring a buzzer and be granted entrance into the center. The assistant director stated that if family members of staff visit the center, they are required to wait in the reception area until the staff person can leave the classroom to visit them, and visitors do not go into classrooms occupied by the children. This policy was not included in the employment handbook. Based on my observations and KinderCare policy the allegation, regarding safe environment was UNSUBSTANTIATED. Allegation #4: nurturing care The anonymous reporter had sent DCDEE a selfie video of a teacher in one of the classrooms with children around her. The children in the video were age 2. The teacher spoke to a child in a harsh manner in the video. The child were obstructing her image in the video. The assistant director had already viewed the video. She stated that the teacher had been disciplined with a write-in in her file. The assistant director stated that the director could send me a copy of the disciplinary action upon her return to the center next week. It was determined that the allegation regarding nurturing care was SUBSTANTIATED. Allegation #5: Program Policy The employee handbook specifically stated that personal cameras and phones would not be used to take pictures of the children on page 9. Photos and videos were not to be posted on any sharing platform. On the application for enrollment parents were asked if their children’s picture could be taken with a KinderCare camera. The assistant director was aware that one of the staff had taken a picture of children on the playground using her personal phone, and then forwarded these photos to other people. She stated that the teacher had been disciplined with a write-in in her file. The assistant director stated that the director could send me a copy of the disciplinary action upon her return to the center next week. It was determined that the allegation regarding failure to follow program policy was SUBSTANTIATED. The compliance history for this center for the previous 18-month timeframe is 83%. The following violations were cited during today’s visit. Violation Number Comment Rule 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). One child, under the age of 15 months, did not have a feeding schedule. He had been attending the center for approximately 2 weeks. 10A NCAC 09 .0902(a) 902 Each child was not attended to in a nurturing and appropriate manner, or in keeping with the child's developmental needs. A teacher, who began employment on 2/20/24, used harsh language when a child (age 2) was trying to see his image in a selfie video the teacher was taking. G.S. 110-91(10) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. The staff person, who began employment on 2/20/24, had not completed her new staff orientation. .1101(a) 1200 Facility did not follow written operational policies. A staff person took pictures of children on her personal phone and forwarded them over the internet, which was against the center's written policy. 10A NCAC 09 .2805(a) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 5/20/24, stating how each violation has been corrected. Technical Assistance was provided today on the reported allegations. Please work with your KinderCare Regional Manager to discuss and implement plans to avoid these issues in the future. STAFF PERSONNEL HANDBOOK: The staff personnel manual covered the required topics in accordance with NC Child Care Rule 10 NCAC 09 .0514. I suggested that the administrative staff talk with the Regional Manager about the possibility of enhancing the personnel handbook to add policy information on the issues discussed today to include apprising staff of child health issues and procedures for staff family/friend visitation. A clear policy on these items could be beneficial is negating issues before they escalate. RATED LICENSE: Prior to receiving this report, the consultant had scheduled a Technical Assistance visit with the director and assistant director on 5/29/24 to discuss a timeline for the Rated License reassessment process. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)819-9366 or toni.fuller@dhhs.nc.gov. 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

10A NCAC 09 .2510 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 3/5/2024 Number Present: 73 Completed Date: 3/5/2024 Age: From 0 To 5 Total Minutes: 160 Time In: 10:00 AM Time Out: 12:40 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The director was not present during today’s visit. The purpose of today’s unannounced visit was to monitor applicable child care licensing requirements as a follow-up of the 2/15/24 visit. During today’s visit I visited each classroom and completed the staff/child ratio worksheet. I observed the children having free play and circle time. I observed the infants having tummy time. COMPLIANCE HISTORY: The compliance history for the previous eighteen-month timeframe was 83%. During the 2/15/24 visit eighteen violations were cited. The Corrective Action letter for the 2/15/24 visit was received on 2/29/24. The information in the letter indicated that twelve of the eighteen violations cited on 2/15/24 had been corrected. The letter stated that five of the violations were still pending correction, and one violation was not addressed in the Corrective Action letter. During today’s visit I discussed the uncorrected violations with the assistant director: Violation #1041: The assistant director stated that the teacher, who did not have Criminal Record Check clearance, would not return to work until her clearance letter was received. I stated that since would not return to work until the clearance letter was received, I could clear the violation. The assistant director stated that the teacher had submitted the required paperwork to the DCDEE Criminal Record Check Unit. Violation #1048; #1049: During today’s visit I verified that the teacher had completed CPR and First Aid training on 2/29/24. Violation #1898, regarding Health and Safety training: During the 2/15/24 visit the director stated that the required health and safety training had been scheduled for 2/19/24 for all staff who needed it. During today’s visit the assistant director stated that the two staff, who had not completed the training during their first year of employment, and the three staff, who had not completed the training again within a five-year period, had been present and completed the training on 2/18/24. The Corrective Action letter dated 2/29/24 from the director stated that the training was still pending, waiting for the training date. Verification of the training could not be verified during the visit. The assistant director tried unsuccessfully to obtain clarifying information from the director to clear up the confusion. Violation #1441: The director had not completed the BSAC training. The assistant director stated that they felt that the center was in compliance, since she had the BSAC training, and she as assistant director was in charge of the school age program. Violation #0716: I verified that the delivery date for the surfacing was scheduled for 3/8/24. SUMMARY: • During today’s visit I cleared the following violations: #1041, #1048, and #1049. • Regarding #0716, I stated that I would request an extension for the surfacing delivery. • Since the assistant director assured me that the Health and Safety trainings had been completed on 2/18/24, while the center was closed for President’s Day, violation #1898 was not cited again today. I requested that the director send me verification of the completed training for the five staff to clear up the confusing information in the Corrective Action letter. The following violations were cited today: Violation Number Comment Rule 1043 All staff records, except financial records, were not made available for review. There was no key on the premises to unlock staff records today. G.S. 110-91( 9) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. New staff orientation had not been completed for the staff person, who began employment on 2/13/23. This was a repeat violation from the 2/15/23 visit. .1101(a) 1441 An individual responsible for both administering the program and planning and ensuring the implementation of the daily activities did not meet requirements for an administrator and/or complete BSAC training. The director had not completed the BSAC training. This was a repeat violation from the 2/15/23 visit. 10A NCAC 09 .2510(f) Please send me a signed Corrective Action letter by 3/19/24, stating how the violations cited today have been corrected. Please send me verification that the surfacing has been delivered and spread by 3/11/24. Please send me verification about violation #1898 by 3/8/24. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: ADMINISTRATIVE ACTION: I stated that KinderCare at Duke Street would be receiving a letter by certified mail, stating that the proposed Administrative Action for a Disapproved Sanitation report had been closed. WATER SAFETY: I talked with the assistant director about the water on the floor in front of the children’s sink in classroom space #5. HEALTH AND SAFETY TRAINING: A copy of the Health and Safety tracking log was given to the assistant director during today’s visit. BSAC TRAINING: Technical Assistance was provided on why the director needed the BSAC training, even though the assistant director already had the training. NC Child Care Rule 10NCAC 09 .2510(f) was reviewed with the assistant director today. RATED LICENSE: This center is in Cohort 1 for the Rated License reassessment process. Technical Assistance was provided during the 11/1/23 visit and the 2/15/24 visit. Please contact me when decisions have been made about your plans for the Rated License reassessment process. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

G.S. 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 3/5/2024 Number Present: 73 Completed Date: 3/5/2024 Age: From 0 To 5 Total Minutes: 160 Time In: 10:00 AM Time Out: 12:40 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The director was not present during today’s visit. The purpose of today’s unannounced visit was to monitor applicable child care licensing requirements as a follow-up of the 2/15/24 visit. During today’s visit I visited each classroom and completed the staff/child ratio worksheet. I observed the children having free play and circle time. I observed the infants having tummy time. COMPLIANCE HISTORY: The compliance history for the previous eighteen-month timeframe was 83%. During the 2/15/24 visit eighteen violations were cited. The Corrective Action letter for the 2/15/24 visit was received on 2/29/24. The information in the letter indicated that twelve of the eighteen violations cited on 2/15/24 had been corrected. The letter stated that five of the violations were still pending correction, and one violation was not addressed in the Corrective Action letter. During today’s visit I discussed the uncorrected violations with the assistant director: Violation #1041: The assistant director stated that the teacher, who did not have Criminal Record Check clearance, would not return to work until her clearance letter was received. I stated that since would not return to work until the clearance letter was received, I could clear the violation. The assistant director stated that the teacher had submitted the required paperwork to the DCDEE Criminal Record Check Unit. Violation #1048; #1049: During today’s visit I verified that the teacher had completed CPR and First Aid training on 2/29/24. Violation #1898, regarding Health and Safety training: During the 2/15/24 visit the director stated that the required health and safety training had been scheduled for 2/19/24 for all staff who needed it. During today’s visit the assistant director stated that the two staff, who had not completed the training during their first year of employment, and the three staff, who had not completed the training again within a five-year period, had been present and completed the training on 2/18/24. The Corrective Action letter dated 2/29/24 from the director stated that the training was still pending, waiting for the training date. Verification of the training could not be verified during the visit. The assistant director tried unsuccessfully to obtain clarifying information from the director to clear up the confusion. Violation #1441: The director had not completed the BSAC training. The assistant director stated that they felt that the center was in compliance, since she had the BSAC training, and she as assistant director was in charge of the school age program. Violation #0716: I verified that the delivery date for the surfacing was scheduled for 3/8/24. SUMMARY: • During today’s visit I cleared the following violations: #1041, #1048, and #1049. • Regarding #0716, I stated that I would request an extension for the surfacing delivery. • Since the assistant director assured me that the Health and Safety trainings had been completed on 2/18/24, while the center was closed for President’s Day, violation #1898 was not cited again today. I requested that the director send me verification of the completed training for the five staff to clear up the confusing information in the Corrective Action letter. The following violations were cited today: Violation Number Comment Rule 1043 All staff records, except financial records, were not made available for review. There was no key on the premises to unlock staff records today. G.S. 110-91( 9) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. New staff orientation had not been completed for the staff person, who began employment on 2/13/23. This was a repeat violation from the 2/15/23 visit. .1101(a) 1441 An individual responsible for both administering the program and planning and ensuring the implementation of the daily activities did not meet requirements for an administrator and/or complete BSAC training. The director had not completed the BSAC training. This was a repeat violation from the 2/15/23 visit. 10A NCAC 09 .2510(f) Please send me a signed Corrective Action letter by 3/19/24, stating how the violations cited today have been corrected. Please send me verification that the surfacing has been delivered and spread by 3/11/24. Please send me verification about violation #1898 by 3/8/24. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: ADMINISTRATIVE ACTION: I stated that KinderCare at Duke Street would be receiving a letter by certified mail, stating that the proposed Administrative Action for a Disapproved Sanitation report had been closed. WATER SAFETY: I talked with the assistant director about the water on the floor in front of the children’s sink in classroom space #5. HEALTH AND SAFETY TRAINING: A copy of the Health and Safety tracking log was given to the assistant director during today’s visit. BSAC TRAINING: Technical Assistance was provided on why the director needed the BSAC training, even though the assistant director already had the training. NC Child Care Rule 10NCAC 09 .2510(f) was reviewed with the assistant director today. RATED LICENSE: This center is in Cohort 1 for the Rated License reassessment process. Technical Assistance was provided during the 11/1/23 visit and the 2/15/24 visit. Please contact me when decisions have been made about your plans for the Rated License reassessment process. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0514 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 2/15/2024 Number Present: 74 Completed Date: 2/15/2024 Age: From 0 To 5 Total Minutes: 330 Time In: 09:00 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced Upon arrival the director and assistant director greeted me. The purpose of today’s unannounced visit was to monitor child care requirements for the completion of your Annual Compliance visit. The Annual Compliance visit conducted on 1/29/24 was limited, based on staff issues. This facility was issued a three-star license on 9/12/18. The compliance history for this center for the previous eighteen-month timeframe was 86%. All indoor licensed space and the outdoor environment were monitored today. OBSERVATIONS: I observed the children having circle time and playing with manipulatives. Each classroom had current activity plans posted. CHILDREN’S RECORDS: During today’s visit I reviewed 20 children’s records. STAFF FILES: The staff files were reviewed during the visit, and Technical Assistance provided. TRANSPORTATION: Buses with license #NZ-1289 and JN-9445 were monitored for transportation requirements. INSPECTIONS: The last documented annual fire inspection was conducted on 1/31/24. The last documented sanitation inspection was conducted on 2/13/24. The last documented fire drill was conducted on 2/9/24. The last documented playground inspection was completed on 2/7/24. The last documented lockdown drill was conducted on 12/6/23. The following violations were cited today: Violation Number Comment Rule 114 A summary of the NC Child Care Law was not given to a parent of every child enrolled in the center. One child did not have signed verification of receipt of the summary on file. GS 110-102 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. All three climbing structures needed additional surfacing to meet the requirements. .0605(j) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. The safe sleep monitoring charts in classroom space #1 reflected that visually monitoring of sleeping infants was last documented on 2/2/24. .0606(g) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff needed updated emergency information on file. The emergency information for two staff was not dated. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. The staff person, who began employment on 4/4/23, had not completed the Criminal Record Check process to have a CRC clearance letter on file. G.S. 110-90.2(b) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. There was no verification that five staff, who began employment at the center in 2023, has received new staff orientation. .1101(a) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed First Aid training. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed CPR training. .1102(d) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. Two staff needed additional training hours to meet their yearly in-service training requirement. .1103(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no verificatin that staff, who began employment on 1/8/24, 1/13/24 had received the orientation. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. The completion of annual evaluations could not be verified during the visit. 10A NCAC 09 .0514(f) 1308 Application did not include the names of individuals to whom the center may release the child, as authorized by the person who signs the application. One child needed emergency contact information on file. .0801(a)(7) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. One child did not have a signed discipline policy on file. .1804(c) 1441 An individual responsible for both administering the program and planning and ensuring the implementation of the daily activities did not meet requirements for an administrator and/or complete BSAC training. The administrator had not completed the BSAC training. 10A NCAC 09 .2510(f) 1851 The operator did not notify the parent of each child enrolled in writing of the smoking and tobacco restriction. One child did not have notification on file. .0604(j) 1872 Parents were not given the changed Shaken Baby Syndrome and Abusive Head Trauma policy 14 days prior to implementation and did not sign a statement which attests that the new policy was given to and discussed with him or her. Two children needed a signed Shaken Baby policy on file. .0608(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff did not take the Health and safety trainings within their first year of employment. .1102(a) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. Three children needed the signed form on file. .0608(b)(1-6) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 2/29/24, stating how the violation has been corrected. Based on the number of violations cited during the visit, an unannounced visit will be conducted soon. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: SANITATION: This center received a “Provisional” sanitation rating on 2/6/24. Durham County Environmental Health returned on 2/13/24 to conduct a follow-up inspection. The center received a “Disapproved” inspection report on 2/13/24. During today’s visit I discussed the sanitation reports with the director. I stated that KinderCare at Duke Street would be receiving a Notice of Administrative Action from the Division of Child Development and Early Education, based on the disapproved sanitation report. I stated that the center would have 15 days after receipt of the proposed action to respond and give their reasons why the child care license should not be revoked. I recommended that the center should correct all the demerits on the inspection report immediately, and then request another inspection. I stated that a new inspection with a Superior rating within the 15-day timeframe was the best means of handling the matter. The director stated that the corrections had been made, and she had already contacted Durham County Environmental Health requesting another inspection. The director and assistant director stated that they did not know the sanitation rules had changed, and they did not understand some of the changes. The director stated that other KinderCare programs were not aware of the sanitation changes. I asked the director to discuss her questions with the inspector when he/she returned for the follow-up inspection. I stated that the inspector could offer suggestions and guidance on the changes. During today’s visit I verified that the correct email address for this center was in the DCDEE Regulatory database for the receipt of emails from DCDEE. I stated that the information about sanitation rule changes was still on the DCDEE website under the “What’s New” tab. Free webinars were offered on the rule changes on 9/20/23 and 9/26/23. I further stated that the director could ask if an Environmental Health specialist from Durham County or Wake County was available to conduct another workshop on the sanitation changes for the KinderCare programs in both counties. CRIMINAL RECORD CHECK CLEARANCE: One staff person had transferred to this location on 4/4/23 from an out-of-state KinderCare. The staff person did not have a Criminal Record Check clearance letter on file. The director stated that the staff person followed the direction she was given for clearance in North Caroliina. The director had printed a form that she had located in the CRC portal for the staff person. The director stated that she thought the process was complete, even though the staff person did not have a CRC clearance letter. I could not gain access to the Criminal Record Check portal during the visit. STAFF FILES: Technical Assistance was given on staff file organization: The following items were discussed: • On the staff/training worksheets, the director had indicated that all staff needed 20 hours of in-service training yearly. I stated that the number of training hours was determined based on documented education for each member of staff. During the visit, Technical Assistance was provided on NC Child Care Rule 10NCAC 09. 1103(a). • Verification of education should be in every staff file to determine annual in-service training and will be used to determine education points in the Rated License assessment process. • The director stated that she reviewed the EPR Plan and EMC Plan during the 10/9/23 staff training. I stated that the two items needed to be listed on the training form agenda as verification that they were reviewed. • I explained that staff should use the Health and Safety verification forms to record completed Health and Safety trainings each time. • Recognizing and responding to Child Maltreatment is listed on the Health and Safety verification form as one of the training courses to complete every five years. • Completed annual in-service training should be recorded on the “on-going training documentation” form. The director was given a copy of the form during the visit. • Information completed in years past that is no longer relevant can be removed from the staff files. • All forms completed by staff should be signed and dated. BSAC TRAINING: The director stated that she did not realize that she needed to take the training. The director stated that previously she had been the director at a center that did not have a school age component. BSAC training is a requirement for the director of a program with a school age componeent, in accordance with NC Child Care Rule 10NCAC 09.2510(j). This violation was overlooked and not cited during the 2023 Annual Compliance visit. I stated that the BSAC training requirement was also needed in accessing the administrator's points in education for the star-rated license assessment. I stated that this self-paced training was readily available and could be completed online. I stated that the director could use the workshop hours toward meeting next year’s in-service training requirement. HEALTH AND SAFETY TRAINING: The director stated that Health and Safety training was scheduled for all staff that needed it for 2/19/24. RATED LICENSE: This center is in Cohort I for the Rated License reassessment. Technical Assistance was provided during the 11/1/23 visit. During today’s visit the director stated that the center was participating in a program with UNC-Greensboro to prepare for the Environment Rating Scales. The Environment Rating Scales have not been conducted at this center during past assessments. Education: This center had experienced staff turnover in recent weeks. The director stated that two new staff would be starting on Monday, 2/19/24. Please make sure all staff have registered in the WORKS education database. The director and assistant director needed to leave to conduct transportation runs to Durham public schools to pick-up school age children for afterschool care. I offered to wait for their return to discuss the visit, or to discuss the visit while the administrative staff ate their lunch and then email a hard copy of the visit summary later. The director chose the latter option 1. I stated that I would confirm the citing of violations #1041 and #1441 before sending the visit summary. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

10A NCAC 09 .2510 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 2/15/2024 Number Present: 74 Completed Date: 2/15/2024 Age: From 0 To 5 Total Minutes: 330 Time In: 09:00 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced Upon arrival the director and assistant director greeted me. The purpose of today’s unannounced visit was to monitor child care requirements for the completion of your Annual Compliance visit. The Annual Compliance visit conducted on 1/29/24 was limited, based on staff issues. This facility was issued a three-star license on 9/12/18. The compliance history for this center for the previous eighteen-month timeframe was 86%. All indoor licensed space and the outdoor environment were monitored today. OBSERVATIONS: I observed the children having circle time and playing with manipulatives. Each classroom had current activity plans posted. CHILDREN’S RECORDS: During today’s visit I reviewed 20 children’s records. STAFF FILES: The staff files were reviewed during the visit, and Technical Assistance provided. TRANSPORTATION: Buses with license #NZ-1289 and JN-9445 were monitored for transportation requirements. INSPECTIONS: The last documented annual fire inspection was conducted on 1/31/24. The last documented sanitation inspection was conducted on 2/13/24. The last documented fire drill was conducted on 2/9/24. The last documented playground inspection was completed on 2/7/24. The last documented lockdown drill was conducted on 12/6/23. The following violations were cited today: Violation Number Comment Rule 114 A summary of the NC Child Care Law was not given to a parent of every child enrolled in the center. One child did not have signed verification of receipt of the summary on file. GS 110-102 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. All three climbing structures needed additional surfacing to meet the requirements. .0605(j) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. The safe sleep monitoring charts in classroom space #1 reflected that visually monitoring of sleeping infants was last documented on 2/2/24. .0606(g) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff needed updated emergency information on file. The emergency information for two staff was not dated. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. The staff person, who began employment on 4/4/23, had not completed the Criminal Record Check process to have a CRC clearance letter on file. G.S. 110-90.2(b) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. There was no verification that five staff, who began employment at the center in 2023, has received new staff orientation. .1101(a) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed First Aid training. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed CPR training. .1102(d) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. Two staff needed additional training hours to meet their yearly in-service training requirement. .1103(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no verificatin that staff, who began employment on 1/8/24, 1/13/24 had received the orientation. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. The completion of annual evaluations could not be verified during the visit. 10A NCAC 09 .0514(f) 1308 Application did not include the names of individuals to whom the center may release the child, as authorized by the person who signs the application. One child needed emergency contact information on file. .0801(a)(7) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. One child did not have a signed discipline policy on file. .1804(c) 1441 An individual responsible for both administering the program and planning and ensuring the implementation of the daily activities did not meet requirements for an administrator and/or complete BSAC training. The administrator had not completed the BSAC training. 10A NCAC 09 .2510(f) 1851 The operator did not notify the parent of each child enrolled in writing of the smoking and tobacco restriction. One child did not have notification on file. .0604(j) 1872 Parents were not given the changed Shaken Baby Syndrome and Abusive Head Trauma policy 14 days prior to implementation and did not sign a statement which attests that the new policy was given to and discussed with him or her. Two children needed a signed Shaken Baby policy on file. .0608(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff did not take the Health and safety trainings within their first year of employment. .1102(a) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. Three children needed the signed form on file. .0608(b)(1-6) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 2/29/24, stating how the violation has been corrected. Based on the number of violations cited during the visit, an unannounced visit will be conducted soon. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: SANITATION: This center received a “Provisional” sanitation rating on 2/6/24. Durham County Environmental Health returned on 2/13/24 to conduct a follow-up inspection. The center received a “Disapproved” inspection report on 2/13/24. During today’s visit I discussed the sanitation reports with the director. I stated that KinderCare at Duke Street would be receiving a Notice of Administrative Action from the Division of Child Development and Early Education, based on the disapproved sanitation report. I stated that the center would have 15 days after receipt of the proposed action to respond and give their reasons why the child care license should not be revoked. I recommended that the center should correct all the demerits on the inspection report immediately, and then request another inspection. I stated that a new inspection with a Superior rating within the 15-day timeframe was the best means of handling the matter. The director stated that the corrections had been made, and she had already contacted Durham County Environmental Health requesting another inspection. The director and assistant director stated that they did not know the sanitation rules had changed, and they did not understand some of the changes. The director stated that other KinderCare programs were not aware of the sanitation changes. I asked the director to discuss her questions with the inspector when he/she returned for the follow-up inspection. I stated that the inspector could offer suggestions and guidance on the changes. During today’s visit I verified that the correct email address for this center was in the DCDEE Regulatory database for the receipt of emails from DCDEE. I stated that the information about sanitation rule changes was still on the DCDEE website under the “What’s New” tab. Free webinars were offered on the rule changes on 9/20/23 and 9/26/23. I further stated that the director could ask if an Environmental Health specialist from Durham County or Wake County was available to conduct another workshop on the sanitation changes for the KinderCare programs in both counties. CRIMINAL RECORD CHECK CLEARANCE: One staff person had transferred to this location on 4/4/23 from an out-of-state KinderCare. The staff person did not have a Criminal Record Check clearance letter on file. The director stated that the staff person followed the direction she was given for clearance in North Caroliina. The director had printed a form that she had located in the CRC portal for the staff person. The director stated that she thought the process was complete, even though the staff person did not have a CRC clearance letter. I could not gain access to the Criminal Record Check portal during the visit. STAFF FILES: Technical Assistance was given on staff file organization: The following items were discussed: • On the staff/training worksheets, the director had indicated that all staff needed 20 hours of in-service training yearly. I stated that the number of training hours was determined based on documented education for each member of staff. During the visit, Technical Assistance was provided on NC Child Care Rule 10NCAC 09. 1103(a). • Verification of education should be in every staff file to determine annual in-service training and will be used to determine education points in the Rated License assessment process. • The director stated that she reviewed the EPR Plan and EMC Plan during the 10/9/23 staff training. I stated that the two items needed to be listed on the training form agenda as verification that they were reviewed. • I explained that staff should use the Health and Safety verification forms to record completed Health and Safety trainings each time. • Recognizing and responding to Child Maltreatment is listed on the Health and Safety verification form as one of the training courses to complete every five years. • Completed annual in-service training should be recorded on the “on-going training documentation” form. The director was given a copy of the form during the visit. • Information completed in years past that is no longer relevant can be removed from the staff files. • All forms completed by staff should be signed and dated. BSAC TRAINING: The director stated that she did not realize that she needed to take the training. The director stated that previously she had been the director at a center that did not have a school age component. BSAC training is a requirement for the director of a program with a school age componeent, in accordance with NC Child Care Rule 10NCAC 09.2510(j). This violation was overlooked and not cited during the 2023 Annual Compliance visit. I stated that the BSAC training requirement was also needed in accessing the administrator's points in education for the star-rated license assessment. I stated that this self-paced training was readily available and could be completed online. I stated that the director could use the workshop hours toward meeting next year’s in-service training requirement. HEALTH AND SAFETY TRAINING: The director stated that Health and Safety training was scheduled for all staff that needed it for 2/19/24. RATED LICENSE: This center is in Cohort I for the Rated License reassessment. Technical Assistance was provided during the 11/1/23 visit. During today’s visit the director stated that the center was participating in a program with UNC-Greensboro to prepare for the Environment Rating Scales. The Environment Rating Scales have not been conducted at this center during past assessments. Education: This center had experienced staff turnover in recent weeks. The director stated that two new staff would be starting on Monday, 2/19/24. Please make sure all staff have registered in the WORKS education database. The director and assistant director needed to leave to conduct transportation runs to Durham public schools to pick-up school age children for afterschool care. I offered to wait for their return to discuss the visit, or to discuss the visit while the administrative staff ate their lunch and then email a hard copy of the visit summary later. The director chose the latter option 1. I stated that I would confirm the citing of violations #1041 and #1441 before sending the visit summary. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

G.S. 110-90 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 2/15/2024 Number Present: 74 Completed Date: 2/15/2024 Age: From 0 To 5 Total Minutes: 330 Time In: 09:00 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced Upon arrival the director and assistant director greeted me. The purpose of today’s unannounced visit was to monitor child care requirements for the completion of your Annual Compliance visit. The Annual Compliance visit conducted on 1/29/24 was limited, based on staff issues. This facility was issued a three-star license on 9/12/18. The compliance history for this center for the previous eighteen-month timeframe was 86%. All indoor licensed space and the outdoor environment were monitored today. OBSERVATIONS: I observed the children having circle time and playing with manipulatives. Each classroom had current activity plans posted. CHILDREN’S RECORDS: During today’s visit I reviewed 20 children’s records. STAFF FILES: The staff files were reviewed during the visit, and Technical Assistance provided. TRANSPORTATION: Buses with license #NZ-1289 and JN-9445 were monitored for transportation requirements. INSPECTIONS: The last documented annual fire inspection was conducted on 1/31/24. The last documented sanitation inspection was conducted on 2/13/24. The last documented fire drill was conducted on 2/9/24. The last documented playground inspection was completed on 2/7/24. The last documented lockdown drill was conducted on 12/6/23. The following violations were cited today: Violation Number Comment Rule 114 A summary of the NC Child Care Law was not given to a parent of every child enrolled in the center. One child did not have signed verification of receipt of the summary on file. GS 110-102 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. All three climbing structures needed additional surfacing to meet the requirements. .0605(j) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. The safe sleep monitoring charts in classroom space #1 reflected that visually monitoring of sleeping infants was last documented on 2/2/24. .0606(g) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff needed updated emergency information on file. The emergency information for two staff was not dated. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. The staff person, who began employment on 4/4/23, had not completed the Criminal Record Check process to have a CRC clearance letter on file. G.S. 110-90.2(b) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. There was no verification that five staff, who began employment at the center in 2023, has received new staff orientation. .1101(a) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed First Aid training. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed CPR training. .1102(d) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. Two staff needed additional training hours to meet their yearly in-service training requirement. .1103(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no verificatin that staff, who began employment on 1/8/24, 1/13/24 had received the orientation. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. The completion of annual evaluations could not be verified during the visit. 10A NCAC 09 .0514(f) 1308 Application did not include the names of individuals to whom the center may release the child, as authorized by the person who signs the application. One child needed emergency contact information on file. .0801(a)(7) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. One child did not have a signed discipline policy on file. .1804(c) 1441 An individual responsible for both administering the program and planning and ensuring the implementation of the daily activities did not meet requirements for an administrator and/or complete BSAC training. The administrator had not completed the BSAC training. 10A NCAC 09 .2510(f) 1851 The operator did not notify the parent of each child enrolled in writing of the smoking and tobacco restriction. One child did not have notification on file. .0604(j) 1872 Parents were not given the changed Shaken Baby Syndrome and Abusive Head Trauma policy 14 days prior to implementation and did not sign a statement which attests that the new policy was given to and discussed with him or her. Two children needed a signed Shaken Baby policy on file. .0608(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff did not take the Health and safety trainings within their first year of employment. .1102(a) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. Three children needed the signed form on file. .0608(b)(1-6) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 2/29/24, stating how the violation has been corrected. Based on the number of violations cited during the visit, an unannounced visit will be conducted soon. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: SANITATION: This center received a “Provisional” sanitation rating on 2/6/24. Durham County Environmental Health returned on 2/13/24 to conduct a follow-up inspection. The center received a “Disapproved” inspection report on 2/13/24. During today’s visit I discussed the sanitation reports with the director. I stated that KinderCare at Duke Street would be receiving a Notice of Administrative Action from the Division of Child Development and Early Education, based on the disapproved sanitation report. I stated that the center would have 15 days after receipt of the proposed action to respond and give their reasons why the child care license should not be revoked. I recommended that the center should correct all the demerits on the inspection report immediately, and then request another inspection. I stated that a new inspection with a Superior rating within the 15-day timeframe was the best means of handling the matter. The director stated that the corrections had been made, and she had already contacted Durham County Environmental Health requesting another inspection. The director and assistant director stated that they did not know the sanitation rules had changed, and they did not understand some of the changes. The director stated that other KinderCare programs were not aware of the sanitation changes. I asked the director to discuss her questions with the inspector when he/she returned for the follow-up inspection. I stated that the inspector could offer suggestions and guidance on the changes. During today’s visit I verified that the correct email address for this center was in the DCDEE Regulatory database for the receipt of emails from DCDEE. I stated that the information about sanitation rule changes was still on the DCDEE website under the “What’s New” tab. Free webinars were offered on the rule changes on 9/20/23 and 9/26/23. I further stated that the director could ask if an Environmental Health specialist from Durham County or Wake County was available to conduct another workshop on the sanitation changes for the KinderCare programs in both counties. CRIMINAL RECORD CHECK CLEARANCE: One staff person had transferred to this location on 4/4/23 from an out-of-state KinderCare. The staff person did not have a Criminal Record Check clearance letter on file. The director stated that the staff person followed the direction she was given for clearance in North Caroliina. The director had printed a form that she had located in the CRC portal for the staff person. The director stated that she thought the process was complete, even though the staff person did not have a CRC clearance letter. I could not gain access to the Criminal Record Check portal during the visit. STAFF FILES: Technical Assistance was given on staff file organization: The following items were discussed: • On the staff/training worksheets, the director had indicated that all staff needed 20 hours of in-service training yearly. I stated that the number of training hours was determined based on documented education for each member of staff. During the visit, Technical Assistance was provided on NC Child Care Rule 10NCAC 09. 1103(a). • Verification of education should be in every staff file to determine annual in-service training and will be used to determine education points in the Rated License assessment process. • The director stated that she reviewed the EPR Plan and EMC Plan during the 10/9/23 staff training. I stated that the two items needed to be listed on the training form agenda as verification that they were reviewed. • I explained that staff should use the Health and Safety verification forms to record completed Health and Safety trainings each time. • Recognizing and responding to Child Maltreatment is listed on the Health and Safety verification form as one of the training courses to complete every five years. • Completed annual in-service training should be recorded on the “on-going training documentation” form. The director was given a copy of the form during the visit. • Information completed in years past that is no longer relevant can be removed from the staff files. • All forms completed by staff should be signed and dated. BSAC TRAINING: The director stated that she did not realize that she needed to take the training. The director stated that previously she had been the director at a center that did not have a school age component. BSAC training is a requirement for the director of a program with a school age componeent, in accordance with NC Child Care Rule 10NCAC 09.2510(j). This violation was overlooked and not cited during the 2023 Annual Compliance visit. I stated that the BSAC training requirement was also needed in accessing the administrator's points in education for the star-rated license assessment. I stated that this self-paced training was readily available and could be completed online. I stated that the director could use the workshop hours toward meeting next year’s in-service training requirement. HEALTH AND SAFETY TRAINING: The director stated that Health and Safety training was scheduled for all staff that needed it for 2/19/24. RATED LICENSE: This center is in Cohort I for the Rated License reassessment. Technical Assistance was provided during the 11/1/23 visit. During today’s visit the director stated that the center was participating in a program with UNC-Greensboro to prepare for the Environment Rating Scales. The Environment Rating Scales have not been conducted at this center during past assessments. Education: This center had experienced staff turnover in recent weeks. The director stated that two new staff would be starting on Monday, 2/19/24. Please make sure all staff have registered in the WORKS education database. The director and assistant director needed to leave to conduct transportation runs to Durham public schools to pick-up school age children for afterschool care. I offered to wait for their return to discuss the visit, or to discuss the visit while the administrative staff ate their lunch and then email a hard copy of the visit summary later. The director chose the latter option 1. I stated that I would confirm the citing of violations #1041 and #1441 before sending the visit summary. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

GS 110-102 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 2/15/2024 Number Present: 74 Completed Date: 2/15/2024 Age: From 0 To 5 Total Minutes: 330 Time In: 09:00 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced Upon arrival the director and assistant director greeted me. The purpose of today’s unannounced visit was to monitor child care requirements for the completion of your Annual Compliance visit. The Annual Compliance visit conducted on 1/29/24 was limited, based on staff issues. This facility was issued a three-star license on 9/12/18. The compliance history for this center for the previous eighteen-month timeframe was 86%. All indoor licensed space and the outdoor environment were monitored today. OBSERVATIONS: I observed the children having circle time and playing with manipulatives. Each classroom had current activity plans posted. CHILDREN’S RECORDS: During today’s visit I reviewed 20 children’s records. STAFF FILES: The staff files were reviewed during the visit, and Technical Assistance provided. TRANSPORTATION: Buses with license #NZ-1289 and JN-9445 were monitored for transportation requirements. INSPECTIONS: The last documented annual fire inspection was conducted on 1/31/24. The last documented sanitation inspection was conducted on 2/13/24. The last documented fire drill was conducted on 2/9/24. The last documented playground inspection was completed on 2/7/24. The last documented lockdown drill was conducted on 12/6/23. The following violations were cited today: Violation Number Comment Rule 114 A summary of the NC Child Care Law was not given to a parent of every child enrolled in the center. One child did not have signed verification of receipt of the summary on file. GS 110-102 716 All stationary equipment, more than 18 inches high, was not installed over protective surfacing. All three climbing structures needed additional surfacing to meet the requirements. .0605(j) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. The safe sleep monitoring charts in classroom space #1 reflected that visually monitoring of sleeping infants was last documented on 2/2/24. .0606(g) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff needed updated emergency information on file. The emergency information for two staff was not dated. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. The staff person, who began employment on 4/4/23, had not completed the Criminal Record Check process to have a CRC clearance letter on file. G.S. 110-90.2(b) 1045 New staff, who had contact with children, did not receive at least 16 hrs. orientation within first 6 weeks. There was no verification that five staff, who began employment at the center in 2023, has received new staff orientation. .1101(a) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed First Aid training. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. There was no verification that staff person, who began employment on 4/4/23, had not completed CPR training. .1102(d) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. Two staff needed additional training hours to meet their yearly in-service training requirement. .1103(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. There was no verificatin that staff, who began employment on 1/8/24, 1/13/24 had received the orientation. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. The completion of annual evaluations could not be verified during the visit. 10A NCAC 09 .0514(f) 1308 Application did not include the names of individuals to whom the center may release the child, as authorized by the person who signs the application. One child needed emergency contact information on file. .0801(a)(7) 1324 Signed and dated statement by parent that discipline policy received and explained at enrollment was not in child's file. One child did not have a signed discipline policy on file. .1804(c) 1441 An individual responsible for both administering the program and planning and ensuring the implementation of the daily activities did not meet requirements for an administrator and/or complete BSAC training. The administrator had not completed the BSAC training. 10A NCAC 09 .2510(f) 1851 The operator did not notify the parent of each child enrolled in writing of the smoking and tobacco restriction. One child did not have notification on file. .0604(j) 1872 Parents were not given the changed Shaken Baby Syndrome and Abusive Head Trauma policy 14 days prior to implementation and did not sign a statement which attests that the new policy was given to and discussed with him or her. Two children needed a signed Shaken Baby policy on file. .0608(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff did not take the Health and safety trainings within their first year of employment. .1102(a) 1908 A child's file did not have a statement with parent signature acknowledging receipt and explanation of the Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy and/or the acknowledgement did not have all the required information. Three children needed the signed form on file. .0608(b)(1-6) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 2/29/24, stating how the violation has been corrected. Based on the number of violations cited during the visit, an unannounced visit will be conducted soon. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: SANITATION: This center received a “Provisional” sanitation rating on 2/6/24. Durham County Environmental Health returned on 2/13/24 to conduct a follow-up inspection. The center received a “Disapproved” inspection report on 2/13/24. During today’s visit I discussed the sanitation reports with the director. I stated that KinderCare at Duke Street would be receiving a Notice of Administrative Action from the Division of Child Development and Early Education, based on the disapproved sanitation report. I stated that the center would have 15 days after receipt of the proposed action to respond and give their reasons why the child care license should not be revoked. I recommended that the center should correct all the demerits on the inspection report immediately, and then request another inspection. I stated that a new inspection with a Superior rating within the 15-day timeframe was the best means of handling the matter. The director stated that the corrections had been made, and she had already contacted Durham County Environmental Health requesting another inspection. The director and assistant director stated that they did not know the sanitation rules had changed, and they did not understand some of the changes. The director stated that other KinderCare programs were not aware of the sanitation changes. I asked the director to discuss her questions with the inspector when he/she returned for the follow-up inspection. I stated that the inspector could offer suggestions and guidance on the changes. During today’s visit I verified that the correct email address for this center was in the DCDEE Regulatory database for the receipt of emails from DCDEE. I stated that the information about sanitation rule changes was still on the DCDEE website under the “What’s New” tab. Free webinars were offered on the rule changes on 9/20/23 and 9/26/23. I further stated that the director could ask if an Environmental Health specialist from Durham County or Wake County was available to conduct another workshop on the sanitation changes for the KinderCare programs in both counties. CRIMINAL RECORD CHECK CLEARANCE: One staff person had transferred to this location on 4/4/23 from an out-of-state KinderCare. The staff person did not have a Criminal Record Check clearance letter on file. The director stated that the staff person followed the direction she was given for clearance in North Caroliina. The director had printed a form that she had located in the CRC portal for the staff person. The director stated that she thought the process was complete, even though the staff person did not have a CRC clearance letter. I could not gain access to the Criminal Record Check portal during the visit. STAFF FILES: Technical Assistance was given on staff file organization: The following items were discussed: • On the staff/training worksheets, the director had indicated that all staff needed 20 hours of in-service training yearly. I stated that the number of training hours was determined based on documented education for each member of staff. During the visit, Technical Assistance was provided on NC Child Care Rule 10NCAC 09. 1103(a). • Verification of education should be in every staff file to determine annual in-service training and will be used to determine education points in the Rated License assessment process. • The director stated that she reviewed the EPR Plan and EMC Plan during the 10/9/23 staff training. I stated that the two items needed to be listed on the training form agenda as verification that they were reviewed. • I explained that staff should use the Health and Safety verification forms to record completed Health and Safety trainings each time. • Recognizing and responding to Child Maltreatment is listed on the Health and Safety verification form as one of the training courses to complete every five years. • Completed annual in-service training should be recorded on the “on-going training documentation” form. The director was given a copy of the form during the visit. • Information completed in years past that is no longer relevant can be removed from the staff files. • All forms completed by staff should be signed and dated. BSAC TRAINING: The director stated that she did not realize that she needed to take the training. The director stated that previously she had been the director at a center that did not have a school age component. BSAC training is a requirement for the director of a program with a school age componeent, in accordance with NC Child Care Rule 10NCAC 09.2510(j). This violation was overlooked and not cited during the 2023 Annual Compliance visit. I stated that the BSAC training requirement was also needed in accessing the administrator's points in education for the star-rated license assessment. I stated that this self-paced training was readily available and could be completed online. I stated that the director could use the workshop hours toward meeting next year’s in-service training requirement. HEALTH AND SAFETY TRAINING: The director stated that Health and Safety training was scheduled for all staff that needed it for 2/19/24. RATED LICENSE: This center is in Cohort I for the Rated License reassessment. Technical Assistance was provided during the 11/1/23 visit. During today’s visit the director stated that the center was participating in a program with UNC-Greensboro to prepare for the Environment Rating Scales. The Environment Rating Scales have not been conducted at this center during past assessments. Education: This center had experienced staff turnover in recent weeks. The director stated that two new staff would be starting on Monday, 2/19/24. Please make sure all staff have registered in the WORKS education database. The director and assistant director needed to leave to conduct transportation runs to Durham public schools to pick-up school age children for afterschool care. I offered to wait for their return to discuss the visit, or to discuss the visit while the administrative staff ate their lunch and then email a hard copy of the visit summary later. The director chose the latter option 1. I stated that I would confirm the citing of violations #1041 and #1441 before sending the visit summary. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

10A NCAC 09 .0902 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 11/1/2023 Number Present: 80 Completed Date: 11/1/2023 Age: From 0 To 12 Total Minutes: 135 Time In: 10:30 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The director was not present today. The purpose of today’s unannounced visit was to monitor child care requirements to include items in the Administrative Action (Written Warning), which was issued to this center on September 28, 2023. The last Annual Compliance visit was conducted on 2/16/23. The compliance history for this center for the previous eighteen-month timeframe is 83%. All indoor licensed space was monitored today. Each classroom was visited. I observed the children having free play, circle time, and tummy time. School age children were present today in classroom space #7. Today was Teacher Workday for Durham Public schools. All children were being visually supervised during the visit. Each classroom was maintaining adequate staff/child ratios. Current activity plans were posted for each classroom. Lunch today consisted of diced chicken, green beans, pineapple, tortillas, and milk. A speech therapist was present during the visit, working with a child. I verified that the speech therapist had current Criminal Record Check clearance. Longer observations were conducted in classroom space #1 (classroom for infant age children). OBSERVATIONS IN CLASSROOM SPACE #1: • Upon arrival at 10:30 am, two teachers were present with 9 infants. Three of the nine infants were sleeping, while the remaining 6 infants had tummy time. • The lead teacher stated that she would be going on a break today from 10:45 am to 11:00 am. • The new assistant teacher stated that she would be taking an hour lunch break from 11:00 am to 12:00 noon. • Upon arrival, the lead teacher was sitting on the floor with the tummy time children. • During my observation, a floater came to work in the classroom so the lead teacher classroom could leave for her break. • The floater was scheduled to remain in the classroom until 12:00 noon. • I returned to classroom space #1 after visiting all the classrooms. The lead teacher had returned from her break. The assistant teacher was on lunch break, and the floater was still present and working in the classroom. • I observed one diaper-changing procedure during the observation. • None of the infants were being fed a bottle during my observation. • All nine infants were content. • All nine infants had a Safe Sleep monitoring chart. • There were current activity plans posted. • The schedule for completing daily routines was posted. • The lead teacher stated that the “flow of the day” was going smoothly with the new assistant teacher. INSPECTIONS: The last documented annual fire inspection was conducted on 1/27/23. The last documented sanitation inspection was conducted on 3/20/23. The last documented lockdown drill was conducted on 7/31/23. Please conduct another lockdown drill immediately. The following violations were cited today: Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was for the week of 10/9 - 10/13. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). Three of the nine infants did not have a feeding schedule to follow. 10A NCAC 09 .0902(a) 805 Fire drills were not practiced monthly and/or the drill record was incomplete. The last documented fire drill was conducted on 7/7/23. .0604(t); .0302(d)(5) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection was completed on 8/17/23. .0605(q) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 11/15/23, stating how the violation cited today has been corrected. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: CORRECTIVE ACTION PLAN FOR WRITTEN WARNING: Item 1: During today’s visit no violations of staff/child ratio requirements or infant feeding practices was observed or cited. Item 2: I received documentation that a training was conducted on 10/9/23 to review nutrition policies. On 10/17/23 I received a copy of the nutrition policies. Item 3: I received written procedures on 10/17/23. After reviewing the policies, I contacted the director to request that additions be added to address procedures that were specific to this KinderCare site. I received the additions to the procedures on 10/18/23. During today’s visit I reviewed the policies with the assistant director and stated that they were approved. Item 4: After today’s visit please schedule the required follow-up training to review the new policies. Send me the agenda for the staff meeting and a signed roster, verifying the attendance of all staff. After receiving this information, I will close out the Administrative Action. RATED LICENSE: The center was aware that KinderCare at Duke Street was in Cohort I for reassessment. The Rated License process was discussed during the 7/26/23 visit. It was decided today that additional discussion and Technical Assistance would be included in the next Annual Compliance visit when the director was present. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. Address: 5206 Sky Lane Drive, Durham, NC 27704 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

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

10A NCAC 09 .0901 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 11/1/2023 Number Present: 80 Completed Date: 11/1/2023 Age: From 0 To 12 Total Minutes: 135 Time In: 10:30 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Admin Action Follow-Up Lic Announced/Unannounced: Unannounced Upon arrival the assistant director greeted me. The director was not present today. The purpose of today’s unannounced visit was to monitor child care requirements to include items in the Administrative Action (Written Warning), which was issued to this center on September 28, 2023. The last Annual Compliance visit was conducted on 2/16/23. The compliance history for this center for the previous eighteen-month timeframe is 83%. All indoor licensed space was monitored today. Each classroom was visited. I observed the children having free play, circle time, and tummy time. School age children were present today in classroom space #7. Today was Teacher Workday for Durham Public schools. All children were being visually supervised during the visit. Each classroom was maintaining adequate staff/child ratios. Current activity plans were posted for each classroom. Lunch today consisted of diced chicken, green beans, pineapple, tortillas, and milk. A speech therapist was present during the visit, working with a child. I verified that the speech therapist had current Criminal Record Check clearance. Longer observations were conducted in classroom space #1 (classroom for infant age children). OBSERVATIONS IN CLASSROOM SPACE #1: • Upon arrival at 10:30 am, two teachers were present with 9 infants. Three of the nine infants were sleeping, while the remaining 6 infants had tummy time. • The lead teacher stated that she would be going on a break today from 10:45 am to 11:00 am. • The new assistant teacher stated that she would be taking an hour lunch break from 11:00 am to 12:00 noon. • Upon arrival, the lead teacher was sitting on the floor with the tummy time children. • During my observation, a floater came to work in the classroom so the lead teacher classroom could leave for her break. • The floater was scheduled to remain in the classroom until 12:00 noon. • I returned to classroom space #1 after visiting all the classrooms. The lead teacher had returned from her break. The assistant teacher was on lunch break, and the floater was still present and working in the classroom. • I observed one diaper-changing procedure during the observation. • None of the infants were being fed a bottle during my observation. • All nine infants were content. • All nine infants had a Safe Sleep monitoring chart. • There were current activity plans posted. • The schedule for completing daily routines was posted. • The lead teacher stated that the “flow of the day” was going smoothly with the new assistant teacher. INSPECTIONS: The last documented annual fire inspection was conducted on 1/27/23. The last documented sanitation inspection was conducted on 3/20/23. The last documented lockdown drill was conducted on 7/31/23. Please conduct another lockdown drill immediately. The following violations were cited today: Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was for the week of 10/9 - 10/13. 10A NCAC 09 .0901(b) 540 An individual written feeding plan was not provided by child's parent or health care provider or was not followed and posted. (omit posting for centers located in a residence). Three of the nine infants did not have a feeding schedule to follow. 10A NCAC 09 .0902(a) 805 Fire drills were not practiced monthly and/or the drill record was incomplete. The last documented fire drill was conducted on 7/7/23. .0604(t); .0302(d)(5) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection was completed on 8/17/23. .0605(q) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 11/15/23, stating how the violation cited today has been corrected. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: CORRECTIVE ACTION PLAN FOR WRITTEN WARNING: Item 1: During today’s visit no violations of staff/child ratio requirements or infant feeding practices was observed or cited. Item 2: I received documentation that a training was conducted on 10/9/23 to review nutrition policies. On 10/17/23 I received a copy of the nutrition policies. Item 3: I received written procedures on 10/17/23. After reviewing the policies, I contacted the director to request that additions be added to address procedures that were specific to this KinderCare site. I received the additions to the procedures on 10/18/23. During today’s visit I reviewed the policies with the assistant director and stated that they were approved. Item 4: After today’s visit please schedule the required follow-up training to review the new policies. Send me the agenda for the staff meeting and a signed roster, verifying the attendance of all staff. After receiving this information, I will close out the Administrative Action. RATED LICENSE: The center was aware that KinderCare at Duke Street was in Cohort I for reassessment. The Rated License process was discussed during the 7/26/23 visit. It was decided today that additional discussion and Technical Assistance would be included in the next Annual Compliance visit when the director was present. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. Address: 5206 Sky Lane Drive, Durham, NC 27704 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

10A NCAC 09 .0902 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 0723-193L Visit Date: 8/7/2023 Number Present: 69 Completed Date: 8/7/2023 Age: From 0 To 10 Total Minutes: 180 Time In: 09:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced On August 1, 2023, the Division of Child Development received an anonymous report alleging non-compliance with NC Child Care Licensing Requirements at the child care facility. As stated in the report, the allegations were: ALLEGATION #1 According to the reporter, the center was not maintaining adequate staff/child ratios. ALLEGATION #2 According to the reporter, the center was not following the nutrition requirements for infant age children. Observations Upon arrival at the facility today, the director and assistant director greeted me. I informed them that the Division had received a report of possible non-compliance with the licensing requirements, and I was making today’s unannounced visit to gather information pertaining to the matter. They were given the opportunity to ask any questions related to the investigation process. The director was informed that I would need to observe each classroom occupied by children and would then speak with them more specifically about the allegations. Each classroom occupied by children was observed. The children were observed having circle time, engaged in free play activities, and bathroom time. The number of children enrolled and present in each classroom was obtained, along with the names of the staff members currently working in each space. Each classroom had current activity plans for the week. After visiting each classroom to obtain staff/child ratios for each classroom, I returned to classroom space #1 at 9:55 am and observed for 35 minutes. The following observations were made: • There were 10 infants enrolled in classroom space #1 with 2 caregivers. Seven of the 10 infants were present today. • I observed both caregivers feeding an infant. • I later observed the floater feeding an infant. • During the feedings the other infants were playing on the rug. • The teachers had a large chart posted for daily feeding times and diaper check times for each infant. • The interactions between the infants and the teachers were appropriate and loving. • Upon arrival for the observation time, one infant was drinking his bottle while lying in a boppy on the floor. The child could not hold his own bottle. Comments section I talked individually with both caregivers in classroom space #1: They made the following statements: • Both teachers knew the staff/child ratios for their classroom of children. • The break time for one caregiver was from 10:00 to 11:00 daily. The break time for the second caregiver was from 11:00 am to 12:00 pm daily. • During the daily break times a floater would work in the infant classroom with the teacher, who was not on break. • Since there were several floaters on staff, the teachers were not sure which floater would come to their classroom at 10:00 am. • One of the floaters would always remain in classroom space #1 for the entire two hours of breaktime to assist with the infants and maintain the 1 to 5 staff/child ratio. • Other floaters would not remain in the classroom. If no diapers needed to be changed or no children needed to be fed, they would leave the classroom and then return later during the breaktime. • Nine of the 10 infants in classroom space #1 could not hold their own bottle. • The posted chart for feeding times was working well during today’s visit. • The teacher stated that if they needed an extra person to assist with feeding, they could call the director. • After talking with the teacher about holding infants for feeding, she held the child in her lap to complete the bottle feeding. I met privately with the director and assistant director. The director and assistant director were given the opportunity to respond and provide additional information on each allegation. The following information was obtained during the interview: • The director was surprised to hear that the floaters were leaving the classroom during the breaktimes of the staff in classroom space #1. ALLEGATION RESOLUTION Allegation #1: Based on my conversation with the staff in classroom space #1, there have been times when adequate staff/child ratios were not being maintained in classroom space #1 during staff breaktimes (10:00 am to 12:00 pm). The allegation of inadequate staff/child ratios was SUBSTANTITATED. Adequate staff/child ratios were being maintained during today’s visit. Staff/child ratio charts correct information were posted in each classroom. Allegation #2: During today’s visit I observed a child drinking his bottle, with the bottle propped on the side of his boppy. Based on this observation, it was determined that the allegation of failure to follow nutrition requirements for infant age children was SUBSTANTIATED. The following violations were cited today: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. It was determined that at times between the hours of 10:00 am and 12:00 pm, there was one caregiver in classroom space #1 with 10 infants. During today's visit there were two staff present in classroom space #1. GS 110-91(7);.0713(a-d) 530 Each infant was not held for bottle feeding until he/she can hold his own bottle. Upon arrival in classroom space #1, one infant was drinking his bottle, while lying in his boppy with the bottle propped on the side of the boppy. The child could not hold his own bottle. 10A NCAC 09 .0902(b) Each violation must be corrected immediately. Please send me a Corrective Action letter by 8/21/23, explaining how each violation has been corrected. Based on the violation regarding staff/child ratio requirements, an unannounced visit will be conducted soon to monitor staff/child ratio requirements. TECHNICAL ASSISTANCE AND CONSULTATION The following items were discussed during today' visit. I talked with the director about meeting with floaters to review staff/child ratio requirements. CORRECTIVE ACTION FOR 7/26/23 VISIT: It was decided today that the director would send me her follow-up Corrective Action letter on 8/9/23, after staff training had been completed. A decision was made about the correction of the violations regarding BSAC training. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)554-9952. All mail correspondence should be sent to Post Office Box 1042 Youngsville, NC 27596. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

GS 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: 0723-193L Visit Date: 8/7/2023 Number Present: 69 Completed Date: 8/7/2023 Age: From 0 To 10 Total Minutes: 180 Time In: 09:00 AM Time Out: 12:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced On August 1, 2023, the Division of Child Development received an anonymous report alleging non-compliance with NC Child Care Licensing Requirements at the child care facility. As stated in the report, the allegations were: ALLEGATION #1 According to the reporter, the center was not maintaining adequate staff/child ratios. ALLEGATION #2 According to the reporter, the center was not following the nutrition requirements for infant age children. Observations Upon arrival at the facility today, the director and assistant director greeted me. I informed them that the Division had received a report of possible non-compliance with the licensing requirements, and I was making today’s unannounced visit to gather information pertaining to the matter. They were given the opportunity to ask any questions related to the investigation process. The director was informed that I would need to observe each classroom occupied by children and would then speak with them more specifically about the allegations. Each classroom occupied by children was observed. The children were observed having circle time, engaged in free play activities, and bathroom time. The number of children enrolled and present in each classroom was obtained, along with the names of the staff members currently working in each space. Each classroom had current activity plans for the week. After visiting each classroom to obtain staff/child ratios for each classroom, I returned to classroom space #1 at 9:55 am and observed for 35 minutes. The following observations were made: • There were 10 infants enrolled in classroom space #1 with 2 caregivers. Seven of the 10 infants were present today. • I observed both caregivers feeding an infant. • I later observed the floater feeding an infant. • During the feedings the other infants were playing on the rug. • The teachers had a large chart posted for daily feeding times and diaper check times for each infant. • The interactions between the infants and the teachers were appropriate and loving. • Upon arrival for the observation time, one infant was drinking his bottle while lying in a boppy on the floor. The child could not hold his own bottle. Comments section I talked individually with both caregivers in classroom space #1: They made the following statements: • Both teachers knew the staff/child ratios for their classroom of children. • The break time for one caregiver was from 10:00 to 11:00 daily. The break time for the second caregiver was from 11:00 am to 12:00 pm daily. • During the daily break times a floater would work in the infant classroom with the teacher, who was not on break. • Since there were several floaters on staff, the teachers were not sure which floater would come to their classroom at 10:00 am. • One of the floaters would always remain in classroom space #1 for the entire two hours of breaktime to assist with the infants and maintain the 1 to 5 staff/child ratio. • Other floaters would not remain in the classroom. If no diapers needed to be changed or no children needed to be fed, they would leave the classroom and then return later during the breaktime. • Nine of the 10 infants in classroom space #1 could not hold their own bottle. • The posted chart for feeding times was working well during today’s visit. • The teacher stated that if they needed an extra person to assist with feeding, they could call the director. • After talking with the teacher about holding infants for feeding, she held the child in her lap to complete the bottle feeding. I met privately with the director and assistant director. The director and assistant director were given the opportunity to respond and provide additional information on each allegation. The following information was obtained during the interview: • The director was surprised to hear that the floaters were leaving the classroom during the breaktimes of the staff in classroom space #1. ALLEGATION RESOLUTION Allegation #1: Based on my conversation with the staff in classroom space #1, there have been times when adequate staff/child ratios were not being maintained in classroom space #1 during staff breaktimes (10:00 am to 12:00 pm). The allegation of inadequate staff/child ratios was SUBSTANTITATED. Adequate staff/child ratios were being maintained during today’s visit. Staff/child ratio charts correct information were posted in each classroom. Allegation #2: During today’s visit I observed a child drinking his bottle, with the bottle propped on the side of his boppy. Based on this observation, it was determined that the allegation of failure to follow nutrition requirements for infant age children was SUBSTANTIATED. The following violations were cited today: Violation Number Comment Rule 301 Minimum staff/child ratios and group sizes for the number and ages of children in care were not met. It was determined that at times between the hours of 10:00 am and 12:00 pm, there was one caregiver in classroom space #1 with 10 infants. During today's visit there were two staff present in classroom space #1. GS 110-91(7);.0713(a-d) 530 Each infant was not held for bottle feeding until he/she can hold his own bottle. Upon arrival in classroom space #1, one infant was drinking his bottle, while lying in his boppy with the bottle propped on the side of the boppy. The child could not hold his own bottle. 10A NCAC 09 .0902(b) Each violation must be corrected immediately. Please send me a Corrective Action letter by 8/21/23, explaining how each violation has been corrected. Based on the violation regarding staff/child ratio requirements, an unannounced visit will be conducted soon to monitor staff/child ratio requirements. TECHNICAL ASSISTANCE AND CONSULTATION The following items were discussed during today' visit. I talked with the director about meeting with floaters to review staff/child ratio requirements. CORRECTIVE ACTION FOR 7/26/23 VISIT: It was decided today that the director would send me her follow-up Corrective Action letter on 8/9/23, after staff training had been completed. A decision was made about the correction of the violations regarding BSAC training. CONTACT INFORMATION: If you have any questions or need further assistance, I can be reached at (919)554-9952. All mail correspondence should be sent to Post Office Box 1042 Youngsville, NC 27596. 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

G.S. 110-91 · Violation

Name of Operation: KINDERCARE AT DUKE ST Facility ID: 3255065 Consultant: TONI FULLER Operation Type: Center Case Number: Visit Date: 7/26/2023 Number Present: 83 Completed Date: 7/26/2023 Age: From 0 To 12 Total Minutes: 135 Time In: 09:30 AM Time Out: 11:45 AM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced Upon arrival the director and assistant director greeted me. The purpose of today’s visit was to monitor applicable child care requirements during a Routine Unannounced visit. The last Annual Compliance visit was conducted on 2/16/23. This center operates with a three-star license, which was issued on 9/12/18. The compliance history for this center for the previous eighteen-month timeframe was 83%. During today’s visit all indoor and outdoor licensed space was monitored. I observed the children engaged in free play activities, having tummy time, having circle time, making a mural for their wall, engaged in independent reading, and enjoying the outdoor environment. Current activity plans were posted for each classroom. This center is implementing the Early Foundations curriculum. NEW STAFF: During today’s visit I reviewed the files for three new staff. CHILDREN’S RECORDS: Children’s records were not reviewed today. IT’S SIDS: I verified that both caregivers in the infant classroom today had current Safe Sleep training. INSPECTIONS: The last documented fire inspection was conducted on 1/27/23. The last documented sanitation inspection was conducted on 3/20/23. The last playground inspection was conducted on 4/12/23. The last fire drill was conducted on 7/11/23. The last lockdown drill was conducted on 6/8/23. The following violations were cited today: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. A large container was split in several places and needed to be removed from the side playground, along with a black rubberized mat that was broken into several pieces. G.S. 110-91(6); .0601(b) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented playground inspection was completed on 4/12/23. .0605(q) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Visual monitoring was last recorded on 7/21/23. .0606(g) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. Two new staff, who had been employed for longer than 90 days, did not have documentation of the completion of current First Aid training on file. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. Two new staff, who had been employed for longer than 90 days, did not have documentation of the completion of current CPR training on file. .1102(d) 1920 Staff in summer camp programs required to complete Basic School-Age Care (BSAC) training did not complete BSAC training within four weeks of becoming employed. It could not be verified today that the new group leader, who was employed on 6/15/23, had completed the BSAC training. .2502(f) All violations must be corrected immediately. Please send me a signed Corrective Action letter by 8/7/23, stating how each violation cited today has been corrected. TECHNICAL ASSISTANCE WAS PROVIDED TODAY ON THE FOLLOWING TOPICS: CPR/FIRST AID TRAINING: One of the new staff had a certificate for the completion of CPR and First Aid training, but the certificate was not signed and did not provide the name of the training agency. I stated that the staff person could take the training again from an approved agency or obtain another certificate with the required information. FEEDING SCHEDULES: During today’s visit the center had feeding schedules for children under the age eof 15 months; however, three of the feeding schedules were located in the children’s files in the office. I stated that the feeding schedules needed to be given to the caregivers in the infant classroom on the infant’s first day of care. RATED LICENSE: The Rated License reassessment process is resuming. According to the information I have today, this program will begin the reassessment process on July 1, 2024. During the 2/16/23 Annual Compliance visit the director stated that the center was already preparing for the reassessment, striving to achieve higher stars. Please know that I remain available to provide Technical Assistance on the reassessment process during this preparation year. CONTACT INFORMATION: Please contact me if I can be of any assistance to you. I can be reached at toni.fuller@dhhs.nc.gov or (919) 819-9366. 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

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.