Little Tender Care

10A NCAC 09 .1704 · Violation

Name of Operation: LITTLE TENDER CARE Facility ID: 73000149 Consultant: GILETTE PARKER Operation Type: Family CC Home Case Number: 1223-088L Visit Date: 12/13/2023 Number Present: 1 Completed Date: 12/13/2023 Age: From 3 To 3 Total Minutes: 210 Time In: 09:00 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Family CC Home Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12 -8-23. When I arrived at the facility a woman named Ms. Gracie answered the door, I introduced myself and asked if Ms. Deborah Peynado was home. Ms. Gracie informed me she was in the bedroom and let me in. I spoke with the Owner Ms. Deborah Peynado, and I explained the purpose of today’s visit. Ms. Peynado informed me that she recently had knee surgery and that Ms. Gracie was present to assist her with the children. Ms. Gracie has been helping Ms. Peynado since Sunday December 10th and will be here until Friday December 15th, 2023. Ms. Peynado’s nephew was also present at the home when I arrived during today’s visit. A speech therapist also arrived during today’s visit, and she did therapy session with the one child who was present during today’s visit. The one child who was present during today’s visit was observed in a therapy session and eating morning snack and laying down during today’s visit. Limited monitoring of childcare requirements occurred during today’s visit. I monitored for safe indoor environment, supervision, staff/child ratio, adequate /approved space, license posted and restrictions, nurture and care, daily schedule, playground checklist and if children’s developmental needs were being meet. During today’s visit I discussed the allegation, and the Owner was given an opportunity to provide information surrounding the allegation. Allegation #1: There is a concern that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. Interview: According to the Owner Ms. Peynado, had a new school-age child who started on June the 5th 2023. The child went to the restroom, he was in the rest room for over an hour that day from 5:00pm-6:00pm. The child came out the restroom with his pants up and asked Ms. Peynado for help, Ms. Peynado stated that she asked the child what he needs with, then Ms. Peynado stated that she said, “I hope you don’t think I’m going to wipe your ass”, and then the child went to sleep. The child’s grandmother came and picked the child up at 6:00pm. Ms. Peynado informed the grandmother that the child was in the restroom for an hour. Ms. Peynado told the grandmother that she told the child not to put a lot of toilet paper in the toilet. The grandmother told the child to get up and they left. Ms. Peynado said the child’s mother called her at 8:00pm to inform her that she hurt the child’s feelings that day. Ms. Peynado said she didn’t know what she did to hurt his feelings. The parent informed Ms. Peynado that her child was a sensitive child and that she does wipes her child’s bottom for him after he uses the bathroom. Ms. Peynado asked the mother what the child does when he is in school. The mother didn’t answer. After the child left, she went to check the bathroom, she noticed that the child had used a lot of toilet paper to try and wipe himself and put the used toilet paper with feces on it in the trash can. According to Ms. Peynado, on another occasion a child did come in one morning hollering, and she did tell the child to “shut up” in front of the parent because he was waking up the children who were sleeping. She also stated that the parent said she doesn’t tell her children to shut up. Ms. Peynado said didn’t say anything to the parents when she made that comment she just looked at her. Ms. Peynado stated that she doesn’t usually use that kind of language in front of the children. When I asked Ms. Peynado if she takes the children outside, she said yes weather permitting. Ms. Peynado stated that she can go down the steps but it’s harder to come up the steps because of her knee. So, she sits on the porch outside with her youngest child and lets the older children play outside on the equipment. She has now had a ramp built. Ms. Peynado also stated that sometimes the children come to the facility with no shoes, which prevents them from going on the playground. Ms. Peynado stated that the child’s uncle asked, “where the child’s shoes where?” when he picked up and she stated” if you don’t see none, she didn’t bring none.” Observation: During today’s visit I observed the one child present in a therapy session with a therapist, eating morning snack and laying down to take a nap. I observed the playground checklist and the daily schedule. CONCLUSION: Based on information received from the Director and my observations, the finding regarding this allegation is Substantiated. One violation was cited during today’s visit; the provider did ask questions and the topics below were discussed to ensure the facility stays in compliance. Violation Number Comment Rule 541 The caregiver(s) did not interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and/or participating in many activities with the children. The provider did admit to using inappropriate language infront of a child. .1704(a)(1-4) The violation(s) documented must be corrected immediately. On or before 12-22-23, I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is considered legal documentation. 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. Any violation(s) documented may impact the compliance history score. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Gilette Parker, Child Care Consultant (202 Edinburgh Street) Stem, NC 27581 Gilette.parker@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care Technical Assistance regarding the rule references below was discussed and given to the provider during today’s visit. Technical Assistance 10A NCAC 09 .1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and participating in activities with the children. For example, family child care home operators shall: (1) make eye contact when speaking to a child; (2) engage children in conversation to share experiences, ideas and opinions; (3) help children develop problem-solving skills; and (4) facilitate learning by providing positive reinforcement, encouraging efforts and recognizing accomplishments. (b) Family child care home operators shall respond to an infant or toddler’s physical and emotional needs, especially when indicated by crying through actions such as feeding, diapering, holding, positive touching, smiling, talking and eye contact. (c) The family child care home operator shall recognize the special difficulties of infant and toddler separations and assist families, infants, and toddlers to make the transition from home to the program as gently as possible. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. 10A NCAC 09 .1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME (a) Children shall be adequately supervised at all times in a family child care home. "Adequate supervision" shall mean that: (1) For pre-school age children, the family child care home operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear and see the children at all times and render immediate assistance; (2) For school-age children, the operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear or see the children at all times and render immediate assistance; (3) The operator shall interact with the children while moving about the indoor or outdoor area; and (4) For children of all ages: (A) the operator shall know where each child is located and be aware of children's activities at all times; (B) the operator shall provide supervision according to the individual age, needs, and capabilities of each child; (C) all of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Written documentation of emergencies stating the date, time, and reason shall be maintained and available for review by Division representatives upon request; and (D) for children who are sleeping or napping, the operator shall not be required to visually supervise them, but shall be able to hear and respond without delay to them. Children shall not sleep or nap in a room with a closed door between the children and the operator. The operator shall be on the same level of the home where children are sleeping or napping. (b) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability, "as defined by G.S. 168A-3(9), or a "qualified individual," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The family child care home operator (operator or operators) shall provide the following on a daily basis for all children in care: (1) Developmentally appropriate equipment and materials for a variety of outdoor activities that allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. For purposes of this Rule "vigorous" means done with force and energy. Each child shall have the opportunity for a minimum of one hour of outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; 10A NCAC 09 .1722 PROHIBITED DISCIPLINE (a) No child shall be subjected to any form of corporal punishment by the family child care home operator, additional caregiver, substitute provider, or any other person in the home, whether or not these persons reside in the home as follows: (1) No child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) No child shall ever be placed in a locked room, closet, or box, or be left alone in a room separated from staff; (3) No discipline shall ever be delegated to another child; (4) No food shall be withheld or given as a means of punishment or reward; (5) No child shall ever be disciplined for toileting accidents; (6) No child shall ever be disciplined for not sleeping during rest period; (7) No child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms or floors, or emptying diaper pails; (8) Physical activity, such as running laps and doing push-ups, shall not be withheld or required as punishment; (9) No child shall ever be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) No child shall be restrained as a form of discipline unless the child’s safety or the safety of others is at risk. For purposes of this Rule, “restraining” shall mean that a caregiver physically holds a child in a manner that restricts the child’s movement, for a minimum amount of time necessary to ensure a safe environment. Children shall not be restrained through the use of heavy objects, including a caregiver’s body, or any device such as straps, blankets, car seats, or cribs. (b) Discipline practices shall be age and developmentally appropriate. History Note: Authority G.S. 110-85; 110-91(10);143B-168.3 Eff. July At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. Contact me at 919-939-7519 or via email at gilette.parker@dhhs.nc.gov or my supervisor Kaye Adkins at kaye.adkins@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

10A NCAC 09 .1711 · Violation

Name of Operation: LITTLE TENDER CARE Facility ID: 73000149 Consultant: GILETTE PARKER Operation Type: Family CC Home Case Number: 1223-088L Visit Date: 12/13/2023 Number Present: 1 Completed Date: 12/13/2023 Age: From 3 To 3 Total Minutes: 210 Time In: 09:00 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Family CC Home Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12 -8-23. When I arrived at the facility a woman named Ms. Gracie answered the door, I introduced myself and asked if Ms. Deborah Peynado was home. Ms. Gracie informed me she was in the bedroom and let me in. I spoke with the Owner Ms. Deborah Peynado, and I explained the purpose of today’s visit. Ms. Peynado informed me that she recently had knee surgery and that Ms. Gracie was present to assist her with the children. Ms. Gracie has been helping Ms. Peynado since Sunday December 10th and will be here until Friday December 15th, 2023. Ms. Peynado’s nephew was also present at the home when I arrived during today’s visit. A speech therapist also arrived during today’s visit, and she did therapy session with the one child who was present during today’s visit. The one child who was present during today’s visit was observed in a therapy session and eating morning snack and laying down during today’s visit. Limited monitoring of childcare requirements occurred during today’s visit. I monitored for safe indoor environment, supervision, staff/child ratio, adequate /approved space, license posted and restrictions, nurture and care, daily schedule, playground checklist and if children’s developmental needs were being meet. During today’s visit I discussed the allegation, and the Owner was given an opportunity to provide information surrounding the allegation. Allegation #1: There is a concern that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. Interview: According to the Owner Ms. Peynado, had a new school-age child who started on June the 5th 2023. The child went to the restroom, he was in the rest room for over an hour that day from 5:00pm-6:00pm. The child came out the restroom with his pants up and asked Ms. Peynado for help, Ms. Peynado stated that she asked the child what he needs with, then Ms. Peynado stated that she said, “I hope you don’t think I’m going to wipe your ass”, and then the child went to sleep. The child’s grandmother came and picked the child up at 6:00pm. Ms. Peynado informed the grandmother that the child was in the restroom for an hour. Ms. Peynado told the grandmother that she told the child not to put a lot of toilet paper in the toilet. The grandmother told the child to get up and they left. Ms. Peynado said the child’s mother called her at 8:00pm to inform her that she hurt the child’s feelings that day. Ms. Peynado said she didn’t know what she did to hurt his feelings. The parent informed Ms. Peynado that her child was a sensitive child and that she does wipes her child’s bottom for him after he uses the bathroom. Ms. Peynado asked the mother what the child does when he is in school. The mother didn’t answer. After the child left, she went to check the bathroom, she noticed that the child had used a lot of toilet paper to try and wipe himself and put the used toilet paper with feces on it in the trash can. According to Ms. Peynado, on another occasion a child did come in one morning hollering, and she did tell the child to “shut up” in front of the parent because he was waking up the children who were sleeping. She also stated that the parent said she doesn’t tell her children to shut up. Ms. Peynado said didn’t say anything to the parents when she made that comment she just looked at her. Ms. Peynado stated that she doesn’t usually use that kind of language in front of the children. When I asked Ms. Peynado if she takes the children outside, she said yes weather permitting. Ms. Peynado stated that she can go down the steps but it’s harder to come up the steps because of her knee. So, she sits on the porch outside with her youngest child and lets the older children play outside on the equipment. She has now had a ramp built. Ms. Peynado also stated that sometimes the children come to the facility with no shoes, which prevents them from going on the playground. Ms. Peynado stated that the child’s uncle asked, “where the child’s shoes where?” when he picked up and she stated” if you don’t see none, she didn’t bring none.” Observation: During today’s visit I observed the one child present in a therapy session with a therapist, eating morning snack and laying down to take a nap. I observed the playground checklist and the daily schedule. CONCLUSION: Based on information received from the Director and my observations, the finding regarding this allegation is Substantiated. One violation was cited during today’s visit; the provider did ask questions and the topics below were discussed to ensure the facility stays in compliance. Violation Number Comment Rule 541 The caregiver(s) did not interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and/or participating in many activities with the children. The provider did admit to using inappropriate language infront of a child. .1704(a)(1-4) The violation(s) documented must be corrected immediately. On or before 12-22-23, I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is considered legal documentation. 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. Any violation(s) documented may impact the compliance history score. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Gilette Parker, Child Care Consultant (202 Edinburgh Street) Stem, NC 27581 Gilette.parker@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care Technical Assistance regarding the rule references below was discussed and given to the provider during today’s visit. Technical Assistance 10A NCAC 09 .1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and participating in activities with the children. For example, family child care home operators shall: (1) make eye contact when speaking to a child; (2) engage children in conversation to share experiences, ideas and opinions; (3) help children develop problem-solving skills; and (4) facilitate learning by providing positive reinforcement, encouraging efforts and recognizing accomplishments. (b) Family child care home operators shall respond to an infant or toddler’s physical and emotional needs, especially when indicated by crying through actions such as feeding, diapering, holding, positive touching, smiling, talking and eye contact. (c) The family child care home operator shall recognize the special difficulties of infant and toddler separations and assist families, infants, and toddlers to make the transition from home to the program as gently as possible. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. 10A NCAC 09 .1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME (a) Children shall be adequately supervised at all times in a family child care home. "Adequate supervision" shall mean that: (1) For pre-school age children, the family child care home operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear and see the children at all times and render immediate assistance; (2) For school-age children, the operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear or see the children at all times and render immediate assistance; (3) The operator shall interact with the children while moving about the indoor or outdoor area; and (4) For children of all ages: (A) the operator shall know where each child is located and be aware of children's activities at all times; (B) the operator shall provide supervision according to the individual age, needs, and capabilities of each child; (C) all of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Written documentation of emergencies stating the date, time, and reason shall be maintained and available for review by Division representatives upon request; and (D) for children who are sleeping or napping, the operator shall not be required to visually supervise them, but shall be able to hear and respond without delay to them. Children shall not sleep or nap in a room with a closed door between the children and the operator. The operator shall be on the same level of the home where children are sleeping or napping. (b) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability, "as defined by G.S. 168A-3(9), or a "qualified individual," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The family child care home operator (operator or operators) shall provide the following on a daily basis for all children in care: (1) Developmentally appropriate equipment and materials for a variety of outdoor activities that allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. For purposes of this Rule "vigorous" means done with force and energy. Each child shall have the opportunity for a minimum of one hour of outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; 10A NCAC 09 .1722 PROHIBITED DISCIPLINE (a) No child shall be subjected to any form of corporal punishment by the family child care home operator, additional caregiver, substitute provider, or any other person in the home, whether or not these persons reside in the home as follows: (1) No child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) No child shall ever be placed in a locked room, closet, or box, or be left alone in a room separated from staff; (3) No discipline shall ever be delegated to another child; (4) No food shall be withheld or given as a means of punishment or reward; (5) No child shall ever be disciplined for toileting accidents; (6) No child shall ever be disciplined for not sleeping during rest period; (7) No child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms or floors, or emptying diaper pails; (8) Physical activity, such as running laps and doing push-ups, shall not be withheld or required as punishment; (9) No child shall ever be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) No child shall be restrained as a form of discipline unless the child’s safety or the safety of others is at risk. For purposes of this Rule, “restraining” shall mean that a caregiver physically holds a child in a manner that restricts the child’s movement, for a minimum amount of time necessary to ensure a safe environment. Children shall not be restrained through the use of heavy objects, including a caregiver’s body, or any device such as straps, blankets, car seats, or cribs. (b) Discipline practices shall be age and developmentally appropriate. History Note: Authority G.S. 110-85; 110-91(10);143B-168.3 Eff. July At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. Contact me at 919-939-7519 or via email at gilette.parker@dhhs.nc.gov or my supervisor Kaye Adkins at kaye.adkins@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

10A NCAC 09 .1718 · Violation

Name of Operation: LITTLE TENDER CARE Facility ID: 73000149 Consultant: GILETTE PARKER Operation Type: Family CC Home Case Number: 1223-088L Visit Date: 12/13/2023 Number Present: 1 Completed Date: 12/13/2023 Age: From 3 To 3 Total Minutes: 210 Time In: 09:00 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Family CC Home Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12 -8-23. When I arrived at the facility a woman named Ms. Gracie answered the door, I introduced myself and asked if Ms. Deborah Peynado was home. Ms. Gracie informed me she was in the bedroom and let me in. I spoke with the Owner Ms. Deborah Peynado, and I explained the purpose of today’s visit. Ms. Peynado informed me that she recently had knee surgery and that Ms. Gracie was present to assist her with the children. Ms. Gracie has been helping Ms. Peynado since Sunday December 10th and will be here until Friday December 15th, 2023. Ms. Peynado’s nephew was also present at the home when I arrived during today’s visit. A speech therapist also arrived during today’s visit, and she did therapy session with the one child who was present during today’s visit. The one child who was present during today’s visit was observed in a therapy session and eating morning snack and laying down during today’s visit. Limited monitoring of childcare requirements occurred during today’s visit. I monitored for safe indoor environment, supervision, staff/child ratio, adequate /approved space, license posted and restrictions, nurture and care, daily schedule, playground checklist and if children’s developmental needs were being meet. During today’s visit I discussed the allegation, and the Owner was given an opportunity to provide information surrounding the allegation. Allegation #1: There is a concern that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. Interview: According to the Owner Ms. Peynado, had a new school-age child who started on June the 5th 2023. The child went to the restroom, he was in the rest room for over an hour that day from 5:00pm-6:00pm. The child came out the restroom with his pants up and asked Ms. Peynado for help, Ms. Peynado stated that she asked the child what he needs with, then Ms. Peynado stated that she said, “I hope you don’t think I’m going to wipe your ass”, and then the child went to sleep. The child’s grandmother came and picked the child up at 6:00pm. Ms. Peynado informed the grandmother that the child was in the restroom for an hour. Ms. Peynado told the grandmother that she told the child not to put a lot of toilet paper in the toilet. The grandmother told the child to get up and they left. Ms. Peynado said the child’s mother called her at 8:00pm to inform her that she hurt the child’s feelings that day. Ms. Peynado said she didn’t know what she did to hurt his feelings. The parent informed Ms. Peynado that her child was a sensitive child and that she does wipes her child’s bottom for him after he uses the bathroom. Ms. Peynado asked the mother what the child does when he is in school. The mother didn’t answer. After the child left, she went to check the bathroom, she noticed that the child had used a lot of toilet paper to try and wipe himself and put the used toilet paper with feces on it in the trash can. According to Ms. Peynado, on another occasion a child did come in one morning hollering, and she did tell the child to “shut up” in front of the parent because he was waking up the children who were sleeping. She also stated that the parent said she doesn’t tell her children to shut up. Ms. Peynado said didn’t say anything to the parents when she made that comment she just looked at her. Ms. Peynado stated that she doesn’t usually use that kind of language in front of the children. When I asked Ms. Peynado if she takes the children outside, she said yes weather permitting. Ms. Peynado stated that she can go down the steps but it’s harder to come up the steps because of her knee. So, she sits on the porch outside with her youngest child and lets the older children play outside on the equipment. She has now had a ramp built. Ms. Peynado also stated that sometimes the children come to the facility with no shoes, which prevents them from going on the playground. Ms. Peynado stated that the child’s uncle asked, “where the child’s shoes where?” when he picked up and she stated” if you don’t see none, she didn’t bring none.” Observation: During today’s visit I observed the one child present in a therapy session with a therapist, eating morning snack and laying down to take a nap. I observed the playground checklist and the daily schedule. CONCLUSION: Based on information received from the Director and my observations, the finding regarding this allegation is Substantiated. One violation was cited during today’s visit; the provider did ask questions and the topics below were discussed to ensure the facility stays in compliance. Violation Number Comment Rule 541 The caregiver(s) did not interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and/or participating in many activities with the children. The provider did admit to using inappropriate language infront of a child. .1704(a)(1-4) The violation(s) documented must be corrected immediately. On or before 12-22-23, I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is considered legal documentation. 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. Any violation(s) documented may impact the compliance history score. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Gilette Parker, Child Care Consultant (202 Edinburgh Street) Stem, NC 27581 Gilette.parker@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care Technical Assistance regarding the rule references below was discussed and given to the provider during today’s visit. Technical Assistance 10A NCAC 09 .1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and participating in activities with the children. For example, family child care home operators shall: (1) make eye contact when speaking to a child; (2) engage children in conversation to share experiences, ideas and opinions; (3) help children develop problem-solving skills; and (4) facilitate learning by providing positive reinforcement, encouraging efforts and recognizing accomplishments. (b) Family child care home operators shall respond to an infant or toddler’s physical and emotional needs, especially when indicated by crying through actions such as feeding, diapering, holding, positive touching, smiling, talking and eye contact. (c) The family child care home operator shall recognize the special difficulties of infant and toddler separations and assist families, infants, and toddlers to make the transition from home to the program as gently as possible. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. 10A NCAC 09 .1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME (a) Children shall be adequately supervised at all times in a family child care home. "Adequate supervision" shall mean that: (1) For pre-school age children, the family child care home operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear and see the children at all times and render immediate assistance; (2) For school-age children, the operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear or see the children at all times and render immediate assistance; (3) The operator shall interact with the children while moving about the indoor or outdoor area; and (4) For children of all ages: (A) the operator shall know where each child is located and be aware of children's activities at all times; (B) the operator shall provide supervision according to the individual age, needs, and capabilities of each child; (C) all of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Written documentation of emergencies stating the date, time, and reason shall be maintained and available for review by Division representatives upon request; and (D) for children who are sleeping or napping, the operator shall not be required to visually supervise them, but shall be able to hear and respond without delay to them. Children shall not sleep or nap in a room with a closed door between the children and the operator. The operator shall be on the same level of the home where children are sleeping or napping. (b) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability, "as defined by G.S. 168A-3(9), or a "qualified individual," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The family child care home operator (operator or operators) shall provide the following on a daily basis for all children in care: (1) Developmentally appropriate equipment and materials for a variety of outdoor activities that allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. For purposes of this Rule "vigorous" means done with force and energy. Each child shall have the opportunity for a minimum of one hour of outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; 10A NCAC 09 .1722 PROHIBITED DISCIPLINE (a) No child shall be subjected to any form of corporal punishment by the family child care home operator, additional caregiver, substitute provider, or any other person in the home, whether or not these persons reside in the home as follows: (1) No child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) No child shall ever be placed in a locked room, closet, or box, or be left alone in a room separated from staff; (3) No discipline shall ever be delegated to another child; (4) No food shall be withheld or given as a means of punishment or reward; (5) No child shall ever be disciplined for toileting accidents; (6) No child shall ever be disciplined for not sleeping during rest period; (7) No child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms or floors, or emptying diaper pails; (8) Physical activity, such as running laps and doing push-ups, shall not be withheld or required as punishment; (9) No child shall ever be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) No child shall be restrained as a form of discipline unless the child’s safety or the safety of others is at risk. For purposes of this Rule, “restraining” shall mean that a caregiver physically holds a child in a manner that restricts the child’s movement, for a minimum amount of time necessary to ensure a safe environment. Children shall not be restrained through the use of heavy objects, including a caregiver’s body, or any device such as straps, blankets, car seats, or cribs. (b) Discipline practices shall be age and developmentally appropriate. History Note: Authority G.S. 110-85; 110-91(10);143B-168.3 Eff. July At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. Contact me at 919-939-7519 or via email at gilette.parker@dhhs.nc.gov or my supervisor Kaye Adkins at kaye.adkins@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

10A NCAC 09 .1722 · Violation

Name of Operation: LITTLE TENDER CARE Facility ID: 73000149 Consultant: GILETTE PARKER Operation Type: Family CC Home Case Number: 1223-088L Visit Date: 12/13/2023 Number Present: 1 Completed Date: 12/13/2023 Age: From 3 To 3 Total Minutes: 210 Time In: 09:00 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Family CC Home Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12 -8-23. When I arrived at the facility a woman named Ms. Gracie answered the door, I introduced myself and asked if Ms. Deborah Peynado was home. Ms. Gracie informed me she was in the bedroom and let me in. I spoke with the Owner Ms. Deborah Peynado, and I explained the purpose of today’s visit. Ms. Peynado informed me that she recently had knee surgery and that Ms. Gracie was present to assist her with the children. Ms. Gracie has been helping Ms. Peynado since Sunday December 10th and will be here until Friday December 15th, 2023. Ms. Peynado’s nephew was also present at the home when I arrived during today’s visit. A speech therapist also arrived during today’s visit, and she did therapy session with the one child who was present during today’s visit. The one child who was present during today’s visit was observed in a therapy session and eating morning snack and laying down during today’s visit. Limited monitoring of childcare requirements occurred during today’s visit. I monitored for safe indoor environment, supervision, staff/child ratio, adequate /approved space, license posted and restrictions, nurture and care, daily schedule, playground checklist and if children’s developmental needs were being meet. During today’s visit I discussed the allegation, and the Owner was given an opportunity to provide information surrounding the allegation. Allegation #1: There is a concern that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. Interview: According to the Owner Ms. Peynado, had a new school-age child who started on June the 5th 2023. The child went to the restroom, he was in the rest room for over an hour that day from 5:00pm-6:00pm. The child came out the restroom with his pants up and asked Ms. Peynado for help, Ms. Peynado stated that she asked the child what he needs with, then Ms. Peynado stated that she said, “I hope you don’t think I’m going to wipe your ass”, and then the child went to sleep. The child’s grandmother came and picked the child up at 6:00pm. Ms. Peynado informed the grandmother that the child was in the restroom for an hour. Ms. Peynado told the grandmother that she told the child not to put a lot of toilet paper in the toilet. The grandmother told the child to get up and they left. Ms. Peynado said the child’s mother called her at 8:00pm to inform her that she hurt the child’s feelings that day. Ms. Peynado said she didn’t know what she did to hurt his feelings. The parent informed Ms. Peynado that her child was a sensitive child and that she does wipes her child’s bottom for him after he uses the bathroom. Ms. Peynado asked the mother what the child does when he is in school. The mother didn’t answer. After the child left, she went to check the bathroom, she noticed that the child had used a lot of toilet paper to try and wipe himself and put the used toilet paper with feces on it in the trash can. According to Ms. Peynado, on another occasion a child did come in one morning hollering, and she did tell the child to “shut up” in front of the parent because he was waking up the children who were sleeping. She also stated that the parent said she doesn’t tell her children to shut up. Ms. Peynado said didn’t say anything to the parents when she made that comment she just looked at her. Ms. Peynado stated that she doesn’t usually use that kind of language in front of the children. When I asked Ms. Peynado if she takes the children outside, she said yes weather permitting. Ms. Peynado stated that she can go down the steps but it’s harder to come up the steps because of her knee. So, she sits on the porch outside with her youngest child and lets the older children play outside on the equipment. She has now had a ramp built. Ms. Peynado also stated that sometimes the children come to the facility with no shoes, which prevents them from going on the playground. Ms. Peynado stated that the child’s uncle asked, “where the child’s shoes where?” when he picked up and she stated” if you don’t see none, she didn’t bring none.” Observation: During today’s visit I observed the one child present in a therapy session with a therapist, eating morning snack and laying down to take a nap. I observed the playground checklist and the daily schedule. CONCLUSION: Based on information received from the Director and my observations, the finding regarding this allegation is Substantiated. One violation was cited during today’s visit; the provider did ask questions and the topics below were discussed to ensure the facility stays in compliance. Violation Number Comment Rule 541 The caregiver(s) did not interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and/or participating in many activities with the children. The provider did admit to using inappropriate language infront of a child. .1704(a)(1-4) The violation(s) documented must be corrected immediately. On or before 12-22-23, I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is considered legal documentation. 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. Any violation(s) documented may impact the compliance history score. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Gilette Parker, Child Care Consultant (202 Edinburgh Street) Stem, NC 27581 Gilette.parker@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care Technical Assistance regarding the rule references below was discussed and given to the provider during today’s visit. Technical Assistance 10A NCAC 09 .1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and participating in activities with the children. For example, family child care home operators shall: (1) make eye contact when speaking to a child; (2) engage children in conversation to share experiences, ideas and opinions; (3) help children develop problem-solving skills; and (4) facilitate learning by providing positive reinforcement, encouraging efforts and recognizing accomplishments. (b) Family child care home operators shall respond to an infant or toddler’s physical and emotional needs, especially when indicated by crying through actions such as feeding, diapering, holding, positive touching, smiling, talking and eye contact. (c) The family child care home operator shall recognize the special difficulties of infant and toddler separations and assist families, infants, and toddlers to make the transition from home to the program as gently as possible. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. 10A NCAC 09 .1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME (a) Children shall be adequately supervised at all times in a family child care home. "Adequate supervision" shall mean that: (1) For pre-school age children, the family child care home operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear and see the children at all times and render immediate assistance; (2) For school-age children, the operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear or see the children at all times and render immediate assistance; (3) The operator shall interact with the children while moving about the indoor or outdoor area; and (4) For children of all ages: (A) the operator shall know where each child is located and be aware of children's activities at all times; (B) the operator shall provide supervision according to the individual age, needs, and capabilities of each child; (C) all of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Written documentation of emergencies stating the date, time, and reason shall be maintained and available for review by Division representatives upon request; and (D) for children who are sleeping or napping, the operator shall not be required to visually supervise them, but shall be able to hear and respond without delay to them. Children shall not sleep or nap in a room with a closed door between the children and the operator. The operator shall be on the same level of the home where children are sleeping or napping. (b) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability, "as defined by G.S. 168A-3(9), or a "qualified individual," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The family child care home operator (operator or operators) shall provide the following on a daily basis for all children in care: (1) Developmentally appropriate equipment and materials for a variety of outdoor activities that allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. For purposes of this Rule "vigorous" means done with force and energy. Each child shall have the opportunity for a minimum of one hour of outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; 10A NCAC 09 .1722 PROHIBITED DISCIPLINE (a) No child shall be subjected to any form of corporal punishment by the family child care home operator, additional caregiver, substitute provider, or any other person in the home, whether or not these persons reside in the home as follows: (1) No child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) No child shall ever be placed in a locked room, closet, or box, or be left alone in a room separated from staff; (3) No discipline shall ever be delegated to another child; (4) No food shall be withheld or given as a means of punishment or reward; (5) No child shall ever be disciplined for toileting accidents; (6) No child shall ever be disciplined for not sleeping during rest period; (7) No child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms or floors, or emptying diaper pails; (8) Physical activity, such as running laps and doing push-ups, shall not be withheld or required as punishment; (9) No child shall ever be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) No child shall be restrained as a form of discipline unless the child’s safety or the safety of others is at risk. For purposes of this Rule, “restraining” shall mean that a caregiver physically holds a child in a manner that restricts the child’s movement, for a minimum amount of time necessary to ensure a safe environment. Children shall not be restrained through the use of heavy objects, including a caregiver’s body, or any device such as straps, blankets, car seats, or cribs. (b) Discipline practices shall be age and developmentally appropriate. History Note: Authority G.S. 110-85; 110-91(10);143B-168.3 Eff. July At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. Contact me at 919-939-7519 or via email at gilette.parker@dhhs.nc.gov or my supervisor Kaye Adkins at kaye.adkins@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

G.S. 110-85 · Violation

Name of Operation: LITTLE TENDER CARE Facility ID: 73000149 Consultant: GILETTE PARKER Operation Type: Family CC Home Case Number: 1223-088L Visit Date: 12/13/2023 Number Present: 1 Completed Date: 12/13/2023 Age: From 3 To 3 Total Minutes: 210 Time In: 09:00 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Family CC Home Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12 -8-23. When I arrived at the facility a woman named Ms. Gracie answered the door, I introduced myself and asked if Ms. Deborah Peynado was home. Ms. Gracie informed me she was in the bedroom and let me in. I spoke with the Owner Ms. Deborah Peynado, and I explained the purpose of today’s visit. Ms. Peynado informed me that she recently had knee surgery and that Ms. Gracie was present to assist her with the children. Ms. Gracie has been helping Ms. Peynado since Sunday December 10th and will be here until Friday December 15th, 2023. Ms. Peynado’s nephew was also present at the home when I arrived during today’s visit. A speech therapist also arrived during today’s visit, and she did therapy session with the one child who was present during today’s visit. The one child who was present during today’s visit was observed in a therapy session and eating morning snack and laying down during today’s visit. Limited monitoring of childcare requirements occurred during today’s visit. I monitored for safe indoor environment, supervision, staff/child ratio, adequate /approved space, license posted and restrictions, nurture and care, daily schedule, playground checklist and if children’s developmental needs were being meet. During today’s visit I discussed the allegation, and the Owner was given an opportunity to provide information surrounding the allegation. Allegation #1: There is a concern that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. Interview: According to the Owner Ms. Peynado, had a new school-age child who started on June the 5th 2023. The child went to the restroom, he was in the rest room for over an hour that day from 5:00pm-6:00pm. The child came out the restroom with his pants up and asked Ms. Peynado for help, Ms. Peynado stated that she asked the child what he needs with, then Ms. Peynado stated that she said, “I hope you don’t think I’m going to wipe your ass”, and then the child went to sleep. The child’s grandmother came and picked the child up at 6:00pm. Ms. Peynado informed the grandmother that the child was in the restroom for an hour. Ms. Peynado told the grandmother that she told the child not to put a lot of toilet paper in the toilet. The grandmother told the child to get up and they left. Ms. Peynado said the child’s mother called her at 8:00pm to inform her that she hurt the child’s feelings that day. Ms. Peynado said she didn’t know what she did to hurt his feelings. The parent informed Ms. Peynado that her child was a sensitive child and that she does wipes her child’s bottom for him after he uses the bathroom. Ms. Peynado asked the mother what the child does when he is in school. The mother didn’t answer. After the child left, she went to check the bathroom, she noticed that the child had used a lot of toilet paper to try and wipe himself and put the used toilet paper with feces on it in the trash can. According to Ms. Peynado, on another occasion a child did come in one morning hollering, and she did tell the child to “shut up” in front of the parent because he was waking up the children who were sleeping. She also stated that the parent said she doesn’t tell her children to shut up. Ms. Peynado said didn’t say anything to the parents when she made that comment she just looked at her. Ms. Peynado stated that she doesn’t usually use that kind of language in front of the children. When I asked Ms. Peynado if she takes the children outside, she said yes weather permitting. Ms. Peynado stated that she can go down the steps but it’s harder to come up the steps because of her knee. So, she sits on the porch outside with her youngest child and lets the older children play outside on the equipment. She has now had a ramp built. Ms. Peynado also stated that sometimes the children come to the facility with no shoes, which prevents them from going on the playground. Ms. Peynado stated that the child’s uncle asked, “where the child’s shoes where?” when he picked up and she stated” if you don’t see none, she didn’t bring none.” Observation: During today’s visit I observed the one child present in a therapy session with a therapist, eating morning snack and laying down to take a nap. I observed the playground checklist and the daily schedule. CONCLUSION: Based on information received from the Director and my observations, the finding regarding this allegation is Substantiated. One violation was cited during today’s visit; the provider did ask questions and the topics below were discussed to ensure the facility stays in compliance. Violation Number Comment Rule 541 The caregiver(s) did not interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and/or participating in many activities with the children. The provider did admit to using inappropriate language infront of a child. .1704(a)(1-4) The violation(s) documented must be corrected immediately. On or before 12-22-23, I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is considered legal documentation. 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. Any violation(s) documented may impact the compliance history score. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Gilette Parker, Child Care Consultant (202 Edinburgh Street) Stem, NC 27581 Gilette.parker@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care Technical Assistance regarding the rule references below was discussed and given to the provider during today’s visit. Technical Assistance 10A NCAC 09 .1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and participating in activities with the children. For example, family child care home operators shall: (1) make eye contact when speaking to a child; (2) engage children in conversation to share experiences, ideas and opinions; (3) help children develop problem-solving skills; and (4) facilitate learning by providing positive reinforcement, encouraging efforts and recognizing accomplishments. (b) Family child care home operators shall respond to an infant or toddler’s physical and emotional needs, especially when indicated by crying through actions such as feeding, diapering, holding, positive touching, smiling, talking and eye contact. (c) The family child care home operator shall recognize the special difficulties of infant and toddler separations and assist families, infants, and toddlers to make the transition from home to the program as gently as possible. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. 10A NCAC 09 .1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME (a) Children shall be adequately supervised at all times in a family child care home. "Adequate supervision" shall mean that: (1) For pre-school age children, the family child care home operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear and see the children at all times and render immediate assistance; (2) For school-age children, the operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear or see the children at all times and render immediate assistance; (3) The operator shall interact with the children while moving about the indoor or outdoor area; and (4) For children of all ages: (A) the operator shall know where each child is located and be aware of children's activities at all times; (B) the operator shall provide supervision according to the individual age, needs, and capabilities of each child; (C) all of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Written documentation of emergencies stating the date, time, and reason shall be maintained and available for review by Division representatives upon request; and (D) for children who are sleeping or napping, the operator shall not be required to visually supervise them, but shall be able to hear and respond without delay to them. Children shall not sleep or nap in a room with a closed door between the children and the operator. The operator shall be on the same level of the home where children are sleeping or napping. (b) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability, "as defined by G.S. 168A-3(9), or a "qualified individual," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The family child care home operator (operator or operators) shall provide the following on a daily basis for all children in care: (1) Developmentally appropriate equipment and materials for a variety of outdoor activities that allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. For purposes of this Rule "vigorous" means done with force and energy. Each child shall have the opportunity for a minimum of one hour of outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; 10A NCAC 09 .1722 PROHIBITED DISCIPLINE (a) No child shall be subjected to any form of corporal punishment by the family child care home operator, additional caregiver, substitute provider, or any other person in the home, whether or not these persons reside in the home as follows: (1) No child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) No child shall ever be placed in a locked room, closet, or box, or be left alone in a room separated from staff; (3) No discipline shall ever be delegated to another child; (4) No food shall be withheld or given as a means of punishment or reward; (5) No child shall ever be disciplined for toileting accidents; (6) No child shall ever be disciplined for not sleeping during rest period; (7) No child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms or floors, or emptying diaper pails; (8) Physical activity, such as running laps and doing push-ups, shall not be withheld or required as punishment; (9) No child shall ever be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) No child shall be restrained as a form of discipline unless the child’s safety or the safety of others is at risk. For purposes of this Rule, “restraining” shall mean that a caregiver physically holds a child in a manner that restricts the child’s movement, for a minimum amount of time necessary to ensure a safe environment. Children shall not be restrained through the use of heavy objects, including a caregiver’s body, or any device such as straps, blankets, car seats, or cribs. (b) Discipline practices shall be age and developmentally appropriate. History Note: Authority G.S. 110-85; 110-91(10);143B-168.3 Eff. July At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. Contact me at 919-939-7519 or via email at gilette.parker@dhhs.nc.gov or my supervisor Kaye Adkins at kaye.adkins@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

NC GS 110-90 · Violation

Name of Operation: LITTLE TENDER CARE Facility ID: 73000149 Consultant: GILETTE PARKER Operation Type: Family CC Home Case Number: 1223-088L Visit Date: 12/13/2023 Number Present: 1 Completed Date: 12/13/2023 Age: From 3 To 3 Total Minutes: 210 Time In: 09:00 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Family CC Home Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate allegations of non-compliance with the NC Child Care Licensing Requirements received by the agency on 12 -8-23. When I arrived at the facility a woman named Ms. Gracie answered the door, I introduced myself and asked if Ms. Deborah Peynado was home. Ms. Gracie informed me she was in the bedroom and let me in. I spoke with the Owner Ms. Deborah Peynado, and I explained the purpose of today’s visit. Ms. Peynado informed me that she recently had knee surgery and that Ms. Gracie was present to assist her with the children. Ms. Gracie has been helping Ms. Peynado since Sunday December 10th and will be here until Friday December 15th, 2023. Ms. Peynado’s nephew was also present at the home when I arrived during today’s visit. A speech therapist also arrived during today’s visit, and she did therapy session with the one child who was present during today’s visit. The one child who was present during today’s visit was observed in a therapy session and eating morning snack and laying down during today’s visit. Limited monitoring of childcare requirements occurred during today’s visit. I monitored for safe indoor environment, supervision, staff/child ratio, adequate /approved space, license posted and restrictions, nurture and care, daily schedule, playground checklist and if children’s developmental needs were being meet. During today’s visit I discussed the allegation, and the Owner was given an opportunity to provide information surrounding the allegation. Allegation #1: There is a concern that children were not attended to in a nurturing and appropriate manner or in keeping with the children’s developmental needs. Interview: According to the Owner Ms. Peynado, had a new school-age child who started on June the 5th 2023. The child went to the restroom, he was in the rest room for over an hour that day from 5:00pm-6:00pm. The child came out the restroom with his pants up and asked Ms. Peynado for help, Ms. Peynado stated that she asked the child what he needs with, then Ms. Peynado stated that she said, “I hope you don’t think I’m going to wipe your ass”, and then the child went to sleep. The child’s grandmother came and picked the child up at 6:00pm. Ms. Peynado informed the grandmother that the child was in the restroom for an hour. Ms. Peynado told the grandmother that she told the child not to put a lot of toilet paper in the toilet. The grandmother told the child to get up and they left. Ms. Peynado said the child’s mother called her at 8:00pm to inform her that she hurt the child’s feelings that day. Ms. Peynado said she didn’t know what she did to hurt his feelings. The parent informed Ms. Peynado that her child was a sensitive child and that she does wipes her child’s bottom for him after he uses the bathroom. Ms. Peynado asked the mother what the child does when he is in school. The mother didn’t answer. After the child left, she went to check the bathroom, she noticed that the child had used a lot of toilet paper to try and wipe himself and put the used toilet paper with feces on it in the trash can. According to Ms. Peynado, on another occasion a child did come in one morning hollering, and she did tell the child to “shut up” in front of the parent because he was waking up the children who were sleeping. She also stated that the parent said she doesn’t tell her children to shut up. Ms. Peynado said didn’t say anything to the parents when she made that comment she just looked at her. Ms. Peynado stated that she doesn’t usually use that kind of language in front of the children. When I asked Ms. Peynado if she takes the children outside, she said yes weather permitting. Ms. Peynado stated that she can go down the steps but it’s harder to come up the steps because of her knee. So, she sits on the porch outside with her youngest child and lets the older children play outside on the equipment. She has now had a ramp built. Ms. Peynado also stated that sometimes the children come to the facility with no shoes, which prevents them from going on the playground. Ms. Peynado stated that the child’s uncle asked, “where the child’s shoes where?” when he picked up and she stated” if you don’t see none, she didn’t bring none.” Observation: During today’s visit I observed the one child present in a therapy session with a therapist, eating morning snack and laying down to take a nap. I observed the playground checklist and the daily schedule. CONCLUSION: Based on information received from the Director and my observations, the finding regarding this allegation is Substantiated. One violation was cited during today’s visit; the provider did ask questions and the topics below were discussed to ensure the facility stays in compliance. Violation Number Comment Rule 541 The caregiver(s) did not interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and/or participating in many activities with the children. The provider did admit to using inappropriate language infront of a child. .1704(a)(1-4) The violation(s) documented must be corrected immediately. On or before 12-22-23, I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is considered legal documentation. 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. Any violation(s) documented may impact the compliance history score. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Gilette Parker, Child Care Consultant (202 Edinburgh Street) Stem, NC 27581 Gilette.parker@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care Technical Assistance regarding the rule references below was discussed and given to the provider during today’s visit. Technical Assistance 10A NCAC 09 .1704 CAREGIVER INTERACTIONS IN A FAMILY CHILD CARE HOME (a) Family child care home operators shall interact with children in positive ways by helping them feel welcome and comfortable, treating them with respect, listening to what they say, responding to them with acceptance and appreciation and participating in activities with the children. For example, family child care home operators shall: (1) make eye contact when speaking to a child; (2) engage children in conversation to share experiences, ideas and opinions; (3) help children develop problem-solving skills; and (4) facilitate learning by providing positive reinforcement, encouraging efforts and recognizing accomplishments. (b) Family child care home operators shall respond to an infant or toddler’s physical and emotional needs, especially when indicated by crying through actions such as feeding, diapering, holding, positive touching, smiling, talking and eye contact. (c) The family child care home operator shall recognize the special difficulties of infant and toddler separations and assist families, infants, and toddlers to make the transition from home to the program as gently as possible. For the latest information on child care rules and regulations, please visit the Division of Child Development and Early Education's website at https://ncchildcare.ncdhhs.gov/. 10A NCAC 09 .1711 SUPERVISION OF CHILDREN IN A FAMILY CHILD CARE HOME (a) Children shall be adequately supervised at all times in a family child care home. "Adequate supervision" shall mean that: (1) For pre-school age children, the family child care home operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear and see the children at all times and render immediate assistance; (2) For school-age children, the operator shall be positioned in the indoor and outdoor environment to maximize his or her ability to hear or see the children at all times and render immediate assistance; (3) The operator shall interact with the children while moving about the indoor or outdoor area; and (4) For children of all ages: (A) the operator shall know where each child is located and be aware of children's activities at all times; (B) the operator shall provide supervision according to the individual age, needs, and capabilities of each child; (C) all of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Written documentation of emergencies stating the date, time, and reason shall be maintained and available for review by Division representatives upon request; and (D) for children who are sleeping or napping, the operator shall not be required to visually supervise them, but shall be able to hear and respond without delay to them. Children shall not sleep or nap in a room with a closed door between the children and the operator. The operator shall be on the same level of the home where children are sleeping or napping. (b) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability, "as defined by G.S. 168A-3(9), or a "qualified individual," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The family child care home operator (operator or operators) shall provide the following on a daily basis for all children in care: (1) Developmentally appropriate equipment and materials for a variety of outdoor activities that allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. For purposes of this Rule "vigorous" means done with force and energy. Each child shall have the opportunity for a minimum of one hour of outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; 10A NCAC 09 .1722 PROHIBITED DISCIPLINE (a) No child shall be subjected to any form of corporal punishment by the family child care home operator, additional caregiver, substitute provider, or any other person in the home, whether or not these persons reside in the home as follows: (1) No child shall be handled roughly in any way, including shaking, pushing, shoving, pinching, slapping, biting, kicking, or spanking; (2) No child shall ever be placed in a locked room, closet, or box, or be left alone in a room separated from staff; (3) No discipline shall ever be delegated to another child; (4) No food shall be withheld or given as a means of punishment or reward; (5) No child shall ever be disciplined for toileting accidents; (6) No child shall ever be disciplined for not sleeping during rest period; (7) No child shall be disciplined by assigning chores that require contact with or use of hazardous materials, such as cleaning bathrooms or floors, or emptying diaper pails; (8) Physical activity, such as running laps and doing push-ups, shall not be withheld or required as punishment; (9) No child shall ever be yelled at, shamed, humiliated, frightened, threatened, or bullied; and (10) No child shall be restrained as a form of discipline unless the child’s safety or the safety of others is at risk. For purposes of this Rule, “restraining” shall mean that a caregiver physically holds a child in a manner that restricts the child’s movement, for a minimum amount of time necessary to ensure a safe environment. Children shall not be restrained through the use of heavy objects, including a caregiver’s body, or any device such as straps, blankets, car seats, or cribs. (b) Discipline practices shall be age and developmentally appropriate. History Note: Authority G.S. 110-85; 110-91(10);143B-168.3 Eff. July At the completion of the visit, this visit summary was printed, reviewed, and a copy was left with you. Contact me at 919-939-7519 or via email at gilette.parker@dhhs.nc.gov or my supervisor Kaye Adkins at kaye.adkins@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