8.9.4.24 · C ADDITIONAL REQUIREMENTS FOR INFANTS AND TODDLERS

Crib federal standards were not met by evidence of cribs used for storage. It was observed that two cribs in the classroom were being used as storage. Immediate Action: On 2/10/2026 the director will remove all items from the cribs. Preventative Action: On 2/10/2026, the director will remove unused cribs. Compliance Monitoring: As of 2/10/2026 the director will spot check infant classrooms to ensure that cribs are not being used as storage.

Corrected Corrected by Mar 10, 2026

Marked corrected in the state record.

8.9.4.29 · A HOUSEKEEPING

The surface under the changing mat was not clean as evidenced by dirt/debris accumulating under the changing mat. Immediate Action: On 2/10/2026, the director will have a staff member clean under the changing table. Preventative Action: As of 2/10/2026 will add this to the weekly classroom checklist. Compliance Monitoring: As of 2/10/2026, the director will spot check under the changing table to ensure they remain clean and sanitized.

Corrected Corrected by Mar 10, 2026

Marked corrected in the state record.

8.9.4.29 · E LIGHTING, LIGHTING FIXTURES AND ELECTRICAL

Electrical outlets within reach of children in the Caterpillars Classroom are not safety outlets and they do not have protective covers. Immediate Action: On 2/10/2026 the director will replace all missing outlet covers in classrooms. Preventative Action: On 2/10/2026, the director will add this to the weekly cleaning checklist for the classrooms. Compliance Monitoring: As of 2/10/2026 the director will spot check outlets to ensure they have protective covering. 2 Year Old Classroom (Buttercup Class) 8.9.4.29.E.3.b.:All electrical outlets within reach of children shall be safety outlets or will have protective covers. Finding Electrical outlets within reach of children in the Buttercup's Classroom are not safety outlets and they do not have protective covers. Corrective Action Plan Immediate Action: On 2/10/2026 the director will replace all missing outlet covers in classrooms. Preventative Action: On 2/10/2026, the director will add this to the weekly cleaning checklist for the classrooms. Compliance Monitoring: As of 2/10/2026 the director will spot check outlets to ensure they have protective covering.

Corrected Corrected by Mar 10, 2026

Marked corrected in the state record.

8.9.4.24 · I EQUIPMENT AND PROGRAM

Toys and equipment in the back playground are not in good repair. The landing before the slide is cracked. Immediate action: Director has a plexiglass piece to repair the slide as of today 5/8/25. Preventative Action: On or before May 15, 2025, director will install the plexiglass. Compliance monitoring: Director will continue to do weekly walk throughs as of today, 5/8/25. The director will review the weekly playground inspections and address any and all concerns.

Corrected Corrected by Jun 8, 2025

Marked corrected in the state record.

8.9.4.24 · J OUTDOOR PLAY AREAS

The weekly playground equipment inspections are not documented correctly. Director removed the weekly playground inspections. They were not available for review during the inspection. Immediate action: Director will return the weekly inspection list as of 5/9/25. Preventative action: As of today, 5/8/25, Director will ensure to keep weekly inspection list at the center for review. The director will immediately file the previous week inspection report to ensure that it remains on site. Compliance monitoring: On 5/9/2025, Director will ensure weekly playground inspection is kept on site and have available for review. The director will audithttp://www.nmececd.org 05/08/2025 the weekly playground inspection file to ensure all weeks are 3 of 5 accounted for on a quarterly basis. The Learning Circle Daycare 4001213 Services and Care of Children in Centers: (continued) 8.9.4.24 K SWIMMING, WADING AND WATER N/A

Corrected Corrected by Jun 8, 2025

Marked corrected in the state record.

8.9.4.21 · C INCIDENT REPORTING REQUIREMENTS

The center failed to notify parents or guardians in writing of an incident regarding the incident of the breath- holding spell and the child being aggressively shaken by the educator during this breath-holding spell. Immediate Action: On 3/4/2025 the parent was notified of the breath-holding spell. However, no written notification was provided and the center did not report that the baby was shaken. On 3/17/2025, the Director will have a written report available to the parent for the incident that happened on 3/4/2025. Preventative Action: As of 3/17/2025, any incident will be written down on an incident report and will require a parent signature, teacher signature and a supervisor signature. The Director will seek additional training for these types of situations and will make a plan of action that works for the Center. Compliance Monitoring: As of 3/17/2025, there is now an incident notebook in the classroom for this child to document what happened, when it happened, and the events leading up to the incident. The parent will be notified and provided written documentation if anything is written in the notebook. 03/17/2025 http://www.nmececd.org 2 of 7 The Learning Circle Daycare 4001213 Administrative Requirements for Centers:

Corrected Corrected by Apr 17, 2025

Marked corrected in the state record.

8.9.4.22 · E CHILDREN'S RECORDS

Of the 1 children's records reviewed, 1 is/are missing information on allergies or medical conditions. See Children's Records 8.9.4.22 form for the child(ren) with missing information. The child did not have documentation of his medical condition and treatment plan in his file. Immediate Action: On 3/17/2025, the Director will request a doctor's note or a parent's written note specifying the condition and preferred method of treatment. Preventative Action: On 3/24/2025, A training will be conducted Center wide for the child and his conditions and how to handle similar situations. The Director will provide the compliance officer with the meeting agenda and a sign in sheet for all in attendance. Compliance Monitoring: As of 3/172025, administrative staff will ensure that all children's files are complete. If a medical situation arises the child's folder will be updated to include proper documentation. The enrollment packet will be updated to state that if there is a medical condition , the Center must have medical documentation.

Corrected Corrected by Apr 17, 2025

Marked corrected in the state record.

8.9.4.23 · B STAFF QUALIFICATIONS AND TRAINING

Educators did not complete the following training within 3-months: Health and Safety Training. The Director acknowledged that the educators training was incomplete and noted the frustration and limited resources in the translation processes to help the individual complete the required training in French. Immediate Action: As of 3/17/2025, the educator was terminated. Preventative Action: As of 3/17/2025, educators may not start in the classroom until all necessary and required trainings are completed. Compliance Monitoring: On or before 3/24/2025, the Director will add this task to the new hire checklist. The employee will consult with the Director and verify that the training has been completed and will initial or sign next to the requirement prior to entering the classroom.

Corrected Corrected by Apr 17, 2025

Marked corrected in the state record.

8.9.4.24 · A GUIDANCE

A prohibited guidance practice was used in the Infant - (6 wk. - 12 mo.), Combination Class room(s) as evidenced by the educator's use of excessive force when seating children and the yanking of books from infants' hands. The same educator was also observed aggressively shaking a child during a breath-holding spell, stating she had panicked and was trying to get the child to breathe. Immediate Action: On 3/12/2025 the educator was placed on Administrative leave pending the outcome of the investigation. As of 3/17/2025, both educators involved in the classroom at the time of the incident have been terminated. Preventative Action: All current/new educator will be required to take the Responsive caregiving training in Quorum and if they have not completed the Understanding Child Abuse and Reporting training that will be required as well. This is an additional 5 hours of training. These trainings will be due on 4/17/2025. The Director will send proof of completion for each educator to the Compliance Officer on or before the due date. Compliance Monitoring: Beginning 3/17/2025, the Director will do monthly camera monitoring for one hour, followed up by classroom coaching and reflection. This will be an ongoing effort to ensure the health and safety of the children in their care. 03/17/2025 http://www.nmececd.org 4 of 7 The Learning Circle Daycare 4001213 Services and Care of Children in Centers: (continued)

Corrected Corrected by Apr 17, 2025

Marked corrected in the state record.

8.9.4.24 · H SOCIAL-EMOTIONAL RESPONSIVE ENVIRONMENT

Educators in the Infant - (6 wk. - 12 mo.), Toddler - (12 - 24 mo.) room(s) are not actively engaged with children when one educator was in the back of the classroom was working on an art project while a second educator left tending to 9 infant/toddler (s). Immediate Action: On 3/5/2025, the educator was pulled in the Directors office and was guided on how she could have and should have been more actively engaged with the children. As of 3/17/2025, this particular educator has been terminated. Preventative Action: On 3/17/2025, the Director will require that all educators take the course on Quorum dealing with classroom management "Child Assessment". The course is to be completed by 4/17/2025. The Director will forward all certificates of completion to the Compliance Officer on or before 4/17/2025. Compliance Monitoring: Beginning 3/17/2025, the Director will do monthly camera monitoring for one hour, followed up by classroom coaching and reflection. This will be an ongoing effort to ensure the health and safety of the children in their care. 8.9.4.24.H.1.:Educators remain calm in stressful situations. Finding During the inspection, it was observed that the educator(s) in the Infant - (6 wk. - 12 mo.), Toddler - (12 - 24 mo.) 03/17/2025 http://www.nmececd.org 5 of 7 The Learning Circle Daycare 4001213 I/T Classroom (continued) room(s) was/were not calm when a stressful situation occurred when a child was experiencing a breath-holding spell. The educator was overseeing 9 infant/toddlers when one child began to experience a breath-holding spell. The educator was heard screaming in panic for help during this time as she felt she could not handle the child's condition and the other children in front of her at the same time. . Corrective Action Plan Immediate Action: As of 3/17/2025, this particular educator has been terminated. Preventative Action: The educators will be doing a retraining on learning to ask for help and or guidance at any time until they feel confident in their decision making. The director will do a staff meeting with scenarios where help might be required outside the classroom. The staff meeting will be held on 3/24/2025. The Director will provide the Compliance Officer with a meeting agenda and a signed copy of staff who were in attendance. Compliance Monitoring: The Director will do a quarterly retraining (or as needed) on how to ask for help. It will be a re-assessment on situations that have happened to the staff at the center and what/how it was handled and on how to improve. This will begin in June of 2025,

Corrected Corrected by Apr 17, 2025

Marked corrected in the state record.

8.9.4.24 · J OUTDOOR PLAY AREAS

The fall zone underneath the slide is not adequate as evidenced by the energy absorbent material is not deep enough. There are rubber mats on the playground that are mostly covered by sand. Some of the edges have become exposed which could be potential tripping hazards. 1. On 11/25/2024 the Director will call for more sand or go and pick some up at Lowe's. 2. As of 11/25/2025, the Director will assign a staff "playground safety inspector" to have a second set of eyes to inspect the areas. 3. As of 11/25/2024 the Director will spot check the playground to monitor the fall zones.

Corrected Corrected by Dec 25, 2024

Marked corrected in the state record.

8.9.4.29 · A HOUSEKEEPING

The tables in the one-year-old toddler room are not clean as evidenced by a heavy accumulation of sand/debris underneath the changing mat. 1. On 11/25/2024, the staff were shown areas of concern and asked to clean under the area mat. 2. As of 11/25/2024, the Director will add the mats to the cleaning checklist. 3. As of 11/25/2024, the Director will spot check under the changing mats.

Corrected Corrected by Dec 25, 2024

Marked corrected in the state record.

8.9.4.23 · C STAFF/CHILD RATIOS AND GROUP SIZES

While the center had 7 children, only one staff member was taking care of the children while the second carried out other duties such as taking a lunch break. 1.On 05/24/2024 the co-director will make sure all ratios in classrooms are being followed. 2. As of 05/24/2024 the ratios will be monitored and reviewed before teachers are able to go on their breaks to make sure there is coverage and ratios can be maintained. 3. As of 05/24/2024, the director/co-director will continuously monitor the ratios in each classroom to make sure they are followed. I/T Classroom #2 8.9.4.23.C.2.:The number of children who may be in a group and the number of caregivers is specified in Paragraph (1) of Subsection C of 8.9.4.23 NMAC. More than one group of children may occupy a room, provided the following conditions are met: Finding While the center had 9 children, only one staff member was taking care of the children while the second carried out other duties such as cleaning the bathroom.. Corrective Action Plan 1.On 05/24/2024 the co-director will make sure all ratios in classrooms are being followed. 2. As of 05/24/2024 the ratios will be monitored and reviewed before teachers are able to go on their breaks to make sure there is coverage and ratios can be maintained. 3. As of 05/24/2024, the director/co-director will continuously monitor the ratios in each classroom to make sure they are followed. Services and Care of Children in Centers:

Corrected Corrected by Jun 24, 2024

Marked corrected in the state record.

8.9.4.24 · J OUTDOOR PLAY AREAS

The fall zone underneath the slide is not adequate as evidenced by the energy absorbent material is not deep enough. The plastic beneath the sand is showing and the ground is hard on the big kids playground. On the infant/toddler playground there is not enough energy absorbent material. Tree roots are exposed causing a tripping hazard to crawlers and walkers alike. 1. As of 05/24/2024 the Director has ordered sand for the playgrounds. 2. As of 05/24/2024, the Director, co-director will visually inspect the playground to make sure that there is plenty of sand on site. 3. As of 05/24/2024, the Director or co-Director will review the playground inspection sheets to make sure that all repairs are being addressed with the maintenance department and repairs are made in a timely manner to protect the safety of the children. 8.9.4.24.J.1.:Outdoor play equipment used in child care centers shall be: Finding Playground slide equipment is not safe as evidenced by the following: visible cracks at the top of the slide on the big kids playground.. Corrective Action Plan 1. As of 05/24/2024 the Director has ordered a new plastic piece for the slide where it is cracked. 2. As of 05/24/2024, the Director or co- director will as all educators to inform them if they see equipment that needs to be updated or repaired. 05/24/2024 http://www.nmececd.org 4 of 6 The Learning Circle Daycare 4001213 Services and Care of Children in Centers: (continued) 8.9.4.24 K SWIMMING, WADING AND WATER N/A 8.9.4.24 L FIELD TRIPS N/A Food Service Requirements for Centers:

Corrected Corrected by Jun 24, 2024

Marked corrected in the state record.

8.9.4.25 · D KITCHENS

The refrigerator in the infant room does not have a working internal thermometer. 1. On 05/24/2024 the co-director will make sure there is a working thermometer in the refrigerator. 2. As of 05/24/2024 the staff will check the temperature of the refrigerator in the room and record it to make sure that temperature is at the appropriate level. 3. As of 05/24/2024 the Director or co-director will check the refrigerator and freezer at the beginning of each week to make sure thermometers are in place and are working.

Corrected Corrected by Jun 24, 2024

Marked corrected in the state record.

8.9.4.24 · J OUTDOOR PLAY AREAS

Playground slide equipment is not safe as evidenced by the following: The area where children sit before going down the slide is deteriorating, and screws are sticking up. The Director will get that replaced as soon as possible. The Director will make sure to consistently monitor the condition of the equipment to make sure that it is safe and secure. 8.9.4.24 K SWIMMING, WADING AND WATER N/A

Corrected Corrected by Feb 29, 2024

Marked corrected in the state record.