Based on interviews and photographs, the licensee failed to ensure the care, protection and guidance of a child in care.
Evidence: 1. Staff #1 reported that between the hours of 9:30 a.m. and 10:00 a.m. on April 19, 2021, she took 4 toddlers out to the playground. Staff #1 reported they exited the classroom door that led directly to the fenced play area. Staff #1 stated that she checked the gate latch to ensure it was engaged, per staff #3?s instruction. Multiple staff interviews established that the exit gate on the playground is ?difficult to latch? securely because the latch is loose and interviews as well as photographs confirm that the gate has a gradually increasing ?gap? toward the bottom of the gate. 2. Both staff #1 and staff #2 visually scanned the play area and did not see child #1 (a 20 month old toddler). Staff #2 confirmed via radio that child #1 had not gone back into his classroom, then called the front office to report that a child was missing and immediately ran down the walkway leading from the playground gate, along the side of the center, toward the parking lot. 3. Staff #4 confirmed that she received a radio call to the front office stating that a child was missing and that she instantly ran out toward the parking lot where she saw a member of the public waving her hands and holding child #1. Staff #2 stated that the individual?s car was pulled into the lot with the door still ajar and the turn signal still blinking. Staff #4 stated that child #1 reached for her as she approached but did not appear to be upset. 4. The center?s parking lot is located adjacent to a divided highway with two lanes of travel in each direction and a speed limit of 55 MPH.