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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING

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STATE OF MICHIGAN GRETCHEN WHITMER

GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRSLANSING

ORLENE HAWKS DIRECTOR

611 W. OTTAWA  P.O. BOX 30664  LANSING, MICHIGAN 48909 www.michigan.gov/lara  517-335-1980 February 27, 2020 Judy Spencer 12033 Asbury Park Detroit, MI 48227 RE: License #: Investigation #: DG820063725 2020D0934009 Judy Spencer Dear Ms. Spencer:

I conducted a special investigation because the child care licensing division received a complaint against your facility that related to licensing rules or law. The allegations were related to the following:

R 400.1908 Capacity.

The details of the allegations are in the attached report. To investigate the allegations:  I interviewed the licensee, child care staff member, and parents.

 I completed on-site inspections on the following dates: 01/29/2020 and 01/30/2020.

As a result of this investigation, I found the following violation(s):

R 400.1908 Capacity.

R 400.1903 (1) (d) Licensee responsibilities.

R 400.1904a (3) Child care staff member; employment requirements. R 400.1905 (3) (a) Training.

R 400.1905(3) (c) Training. R 400.1905 (6) Training.

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R 400.1910 (1) Ratio of personnel to children. R 400.1910 (2) Ratio of personnel to children.

R400.1925(2)(b) Comprehensive background check; fingerprinting. R400.1925(2)(e) Comprehensive background check; fingerprinting.

I recommend issuance of a 1st provisional license. If you accept the provisional license,

you must sign and return the enclosed waiver form. If you do not accept the provisional license, you must notify this office in writing and an administrative hearing will be

scheduled. Even if you don’t accept the provisional license, you must still send us an acceptable corrective action plan.

Due to the violations, you must send us a corrective action plan by 03/18/2020. You can use our corrective action plan form or create your own.

If you need help writing the corrective action plan, please contact me. If you do not send a corrective action plan, you may face disciplinary action. The corrective action plan must include the following:

 How compliance with each rule will be achieved.

 Who is directly responsible for implementing the corrective action for each violation.

 Specific time frames for each violation as to when the correction will be completed or implemented.

 How continuing compliance will be maintained once compliance is achieved.

 The signature of the responsible party and a date.

During this special investigation: Yes No

A rule or law violation was found and a serious injury or death occurred.

A rule or law violation was found and abuse and/or neglect of a child occurred.

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611 W. OTTAWA  P.O. BOX 30664  LANSING, MICHIGAN 48909 www.michigan.gov/lara  517-335-1980

This report and any related corrective action plans must be filed in your licensing notebook. This report and any related corrective action plans will be online for parents to review under the Statewide Search for Licensed Child Care Centers and Homes. Please review the enclosed documentation for accuracy and contact me with any questions. In the event that I am not available and you need to speak to someone immediately, please contact the local office at (313) 456-0380.

Sincerely,

LaTanya Ellington, Licensing Consultant Bureau of Community and Health Systems Cadillac Pl. Ste 9-100

3026 W. Grand Blvd Detroit, MI 48202 (313) 268-8581 enclosure

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MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS

SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION

License #: DG820063725

Investigation #: 2020D0934009

Complaint Receipt Date: 01/24/2020

Investigation Initiation Date: 01/27/2020

Report Due Date: 03/24/2020

Licensee Name: Judy Spencer

Licensee Address: 12033 Asbury Park Detroit, MI 48227

Licensee Telephone #: Unknown

Administrator: N/A

Licensee Designee:

Name of Facility: Judy Spencer

Facility Address: 12033 Asbury Park Detroit, MI 48227

Facility Telephone #: (313) 835-0794

Original Issuance Date: N/A

License Status: REGULAR

Effective Date: 04/12/2019

Expiration Date: 04/11/2021

Capacity: 10

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II. ALLEGATION(S)

III. METHODOLOGY

01/24/2020 Special Investigation Intake 2020D0934009

01/27/2020 Contact – Telephone call made

Attempt contact with Complainant; the number is disconnected. 01/27/2020 Special Investigation Initiated - On Site

From 2:41 p.m. to 3:30 p.m. interview Child Care Staff Member, Victoria Westbrooks and Child A's Mother

01/28/2020 Contact – Telephone call made Follow up with Ms. Westbrooks. 01/29/2020 Contact - Telephone call made

Interview with Child B's Mother, Child C's Mother and Child D's Mother

01/30/2020 Inspection Completed On-site Follow up with Victoria Westbrook 01/30/2020 Contact - Document Received

Voice message received from Ms. Spencer 02/13/2020 Contact - Telephone call received

Phone call from Child B's Mother

Violation Established?

Judy is licensed to care for approximately 10 children. In

November 2019, approximately 15-20 children, ages 2 months to 9-years-old, were observed at the child care home at once. Judy consistently provides care to approximately 15-20 children all at once, during the summer months.

Yes

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02/26/2020 Contact - Telephone call made

Interview with licensee, Judy Spencer

02/27/2020 Inspection Completed-BCAL Sub. Non-Compliance

ALLEGATION: Judy is licensed to care for approximately 10 children. In November 2019, approximately 15-20 children, ages 2 months to 9-years-old, were observed at the child care home at once. Judy consistently provides care to approximately 15-20 children all at once, during the summer months.

INVESTIGATION: On 01/27/2020, I attempted to contact the complainant, however,

the number provided was disconnected.

On 01/27/2020, I conducted an unannounced inspection to the child care home. I interviewed Child Care Staff Member, Victoria Westbrook regarding the allegations. Ms. Westbrook said the allegations are true. She said during the summer months there are more than 12 children in the home at one time. She also said she often cares for more than 6 children by herself. Ms. Westbrook said the licensee, Judy Spencer is currently on vacation in Costa Rica and she was left alone to care for the children. Ms. Spencer has been gone since Friday, 01/24/2020 and is due to return from vacation on Friday, 02/03/2020.

When I arrived at the home, I observed 13 children and two adults. Child Care Staff Member, Victoria Westbrook and her husband, Pierre Neal was present in the home. Ms. Westbrook said Mr. Neal was not there to assist her; he was just stopping by to check on her. Ms. Westbrook also said one of the children in the home was her child and she would be leaving with Mr. Neal.

Ms. Westbrook said initially there were 13 children present, however, she had to call one of the parents to pick up her child because she was crying unconsolably. I reviewed the attends records and it showed a total of 13 children had been signed in on this day.

I inquired if Ms. Westbrook could call Ms. Spencer because it is unsafe for her to be in the home with 12 children at one time. Ms. Westbrook said she did not have a direct number for Ms. Spencer; however, she could leave Ms. Spencer on voice message on her friend’s phone. I asked what time children are scheduled to leave for the day. Ms. Westbrook said she is typically at the home from 6:00 a.m. to 9:00 p.m. However, she said Child A’s (1-year-old male) Mother was supposed to be on her way to get the children. Ms. Westbrooks than call Child A’s Mother and informed her that she needed to come pick-up her children from the home. At the time, 3 of the children in the home were Child A’s Mother children.

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4 I informed Ms. Westbrooks that she cannot care for more than 6 children at one time and instructed her to contact parents to see if anyone could use alternative child care services until Ms. Spencer returned from vacation. Ms. Westbrooks said she would speak with each parent at pick to informed them that Ms. Spencer is out of town and determine who is able to keep their child home until she returns.

At approximately 3:00 p.m. Child A’s Mother arrived at the home to get her children. I conducted an interview with her. Child A’s Mother said she was aware that Ms. Spencer was on vacation, however, she did not know how long she would be gone. Child A’s Mother said she has six children that attend the daycare, three that come before and after school and two that attend from 6:00 a.m. to 5:00 p.m. She said one of her children typically go to work with her, however, she did not work on this day. I explained to Child A’s Mother that it is unsafe and a rule violation for Ms.

Westbrooks to care for more than six children at one time. I asked if she could use alternative child care for the reminder of the week, until Ms. Spencer returned from vacation. Child A’s Mother said she does not have alternative child care and needs to bring her children to the home so that she can go to work.

On 01/28/2020, I conducted a telephone call with Ms. Westbrooks. She said she is currently caring for five children. She said she informed the other parents she could not provide care for their children until Ms. Spencer returned. Ms. Westbrooks said she has still not been able to get in touch with Ms. Spencer via phone.

On 01/29/2020, I conducted a telephone interview with Child B’s (1-year-old female) Mother, Child C’s (2-year-old female), and Child D’s (1-year-old female) Mother. Child B’s Mother said on 01/27/2020, Ms. Westbrooks informed her that she can only care for six children at once and her child has continued to attend the child care home. Child B’s Mother said she was not made aware of the allegations until Ms. Westbrook told her. She has never witness 15 to 20 children in the child care home. Child C’s Mother said she has never witness 15 to 20 children in the home at one time. She said Ms. Spencer informed her that she would be out of town until Monday, 02/03/2020. She said she has been taking her children to the child care home everyday this week and plans to continue to take them. Child C’s Mother said she observed one child present today when she took her children to the home. Child D’s Mother said she has never witness 15 to 20 children present in the home at one time. Child D’s Mother said on 01/27/2020, she received a phone call from Ms. Westbrook saying Child D was crying unconsolably and she had to come get her. Child D’s Mother said Ms. Westbrook called her the next day and said she could not bring Child D because she was over her limit for children.

On 01/30/2020, I conducted an unannounced inspection at the home. Ms. Westbrook was present with five children. She said she has contacted several parents and informed them they could not bring their children for the reminder of the week. She said she will only be caring for five children. Ms. Westbrook said she still

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has not been able to contact Ms. Spencer, however, she did leave another message for her. Later, that afternoon, I received a voice message from Ms. Spencer. She said she is on a cruise ship and unable to talk. She said she will return from out of town on Monday, 02/03/2020. She said she instructed Ms. Westbrooks to not care for more than six children at one time.

On 02/13/2020, I received a call from Child B’s Mother. She said Ms. Spencer informed her that she could no longer bring her children to her child care home because I instructed them not to allow for her children to come. I informed Child B’s Mother that is it not my decision to make, as it relates to who Ms. Spencer allows to attend her child care home. I informed her that I must only ensure that Ms. Spencer does not exceed her capacity, nor her personal to child ratio requirements. I

instructed Child B’s Mother to talk with Ms. Spencer about her concerns, as I cannot make that decision for her.

On 02/26/2020, I conducted a telephone interview with Ms. Spencer. Ms. Spencer said the allegations are true. She said she is licensed for 10 children and has been over capacity because she was trying to help one of her parents. Ms. Spencer said one of her parents obtained a CPS case and needed child care in order to work. She decided to help her until she was able to locate another child care provider. She also said a lot of her parents have multiple children and gave birth to another child, this also caused her to go over her capacity.

Ms. Spencer said she has never left Ms. Westbrooks alone with 15 to 20 children. She has always been present in the home with her. She said when she went out of town, her other assistant, Shirley Caldwell was supposed to be present with Ms. Westbrooks, however, Ms. Caldwell had to have emergency surgery and could not help her. Ms. Spencer said she knew about Ms. Caldwell’s surgery prior to her taking her vacation, therefore, she informed Ms. Westbrooks that Mr. Neal could come to the home and help her. She said she instructed him to get a police

clearance, however, he did not. Ms. Spencer also denied that Mr. Neal has any of the required training to be consider a child care staff member.

APPLICABLE RULE

R 400.1908 Capacity.

(1) The licensee shall ensure that the actual number of unrelated children in care at

any 1 time does not exceed the number of children for which the child care home is licensed,

not more than 6 children for a family child care home and not more than 12 children for a

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ANALYSIS: The home is licensed for a capacity of 10 children, Ms. Spencer admits that she has been caring for at least 13 children at one time. On 01/27/2020, the child care staff member was caring for 13 children at one time.

CONCLUSION: VIOLATION ESTABLISHED

ADDITIONAL FINDINGS:

INVESTIGATION: Ms. Westbrook said the parents were not informed that Ms.

Spencer is out of town. Ms. Spencer said parents were informed that she was going out of town because she takes a vacation every October. She said she provided each parent with a verbal notice. Ms. Spencer said maybe the parents did not want to say they knew she was out of town because they were afraid they would be in trouble.

Child A’s Mother said she was aware that Ms. Spencer was on vacation, however, she did not know how long she would be gone. Child B’s Mother said Ms. Spencer did not tell her that she would be out of town this week and that Ms. Westbrook would be providing care for the children in her absence. Child C’s Mother said Ms. Spencer informed her that she would be out of town and that Ms. Westbrooks and Mr. Neal would be providing care for the children.

Child D’s Mother said Ms. Spencer did not inform her that she would be out of town and that Ms. Westbrook would be caring for the children in her absence. Child D’s Mother said she knew something was not right and that Ms. Spencer was not present when she took Child D to the home, but she assumed Ms. Spencer went to bible study or was at the church.

APPLICABLE RULE

R 400.1903 Licensee responsibilities.

(1) A licensee shall be responsible for all of the following provisions:

(d) Inform parents when a child care staff member is providing care in the absence of the

licensee.

ANALYSIS: Ms. Spencer did not inform all the parents that she was out of town and that Ms. Westbrook would be caring for the children by herself.

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ADDITIONAL FINDINGS:

INVESTIGATION: Ms. Westbrook said she received a comprehensive background

check; however, she was unable to locate her eligibility letter. Ms. Spencer said Pierre Neal was present to assist Ms. Westbrook with the children, however, he has not had a background check. She said she instructed him to get a police clearance before she left, however, he did not obtain one. She said Mr. Neal was being used as an emergency person, I explained to Ms. Spencer that this was not an

emergency.

APPLICABLE RULE

R 400.1904a Child care staff member; employment requirements. (3) Prior to contact with children, the individual shall be determined by the department to be eligible to serve as a child care staff member, pursuant to section 5n of the act, MCL 722.115n, and as required by R 400.1925.

ANALYSIS: Ms. Spencer did not have documentation on file in the home to show that Ms. Westbrook had been found eligible to serves as a child care staff member.

CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE

R400.1925(2)(b) Comprehensive background check; fingerprinting. 2) An applicant or licensee shall do all of the following:

b) Maintain a copy of the completed and signed form(s) for each individual entered into the child care background check system under the license.

ANALYSIS: Ms. Spencer did not have documentation on file in the home to show that Ms. Westbrooks has signed consent and disclosures to be fingerprinted.

CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE

R400.1925(2)(e) Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (e) Within the department’s child care background check system, accurately complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license.

ANALYSIS: Ms. Westbrooks is not connected to Ms. Spencer’s child care home in the child care background check system.

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CONCLUSION: VIOLATION ESTABLISHED

INVESTIGATION: Ms. Westbrooks said she has not completed training in safe

sleep practices to prevent sudden infant death syndrome and prevention of shaken baby syndrome. Ms. Westbrook said she completed CPR/First Aid training in March of 2019, however, she was unable to provide verification that the training was

complete.

APPLICABLE RULE

R 400.1905 Training.

(3) A licensee shall ensure that child care staff members and child care assistants, prior to

caring for children, have training that includes information on all of the following:

(a) Safe sleep practices to prevent sudden infant death syndrome.

ANALYSIS: Ms. Westbrooks has not completed training in safe sleep practices to prevent sudden infant death syndrome, prior to working with children.

CONCLUSION: VIOLATION ESTABLISHED

APPLICABLE RULE

R 400.1905 Training.

(3) A licensee shall ensure that child care staff members and child care assistants, prior to

caring for children, have training that includes information on all of the following:

(c) Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment.

ANALYSIS: Ms. Westbrook has not participated in training for the prevention for shaken baby syndrome, abusive head trauma, and child maltreatment prior to caring for children.

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APPLICABLE RULE

R 400.1905 Training.

(6) Completion of the required training must be verified by a document, signed by the trainer or an authorized individual, which must be kept on file or available online at

MiRegistry.

ANALYSIS: Ms. Westbrook completed CPR/first aid training; however, verification was not on file, at the time of the initial inspection.

CONCLUSION: VIOLATION ESTABLISHED

INVESTIGATION: Ms. Westbrooks said there have been times, when she has been

left in the home alone with more than 6 children. During the inspection, I counted three children ages 1-years-old; three children ages 2-years-old, three children ages 3-years-old;1 child age 4-years-old; 1 child age 3-months-old and one child age 11-months-old. Ms. Westbrook was the only child care staff member present at that time.

Ms. Westbrook said initially there were 13 children present, however, she had to call one of the parents to pick up her child because she was crying unconsolably. I reviewed the attends records and it showed a total 13 children had been signed in on this day.

APPLICABLE RULE

R 400.1910 Ratio of personnel to children.

(1) The ratio of personnel to children present in the home at any 1 time must be not less than 1 member of the personnel to 6 children. The ratio must include all children in care who are not related to any personnel and any of the following children who are less than 6 years of age:

(a) Children of the licensee.

(b) Children of a child care staff member or child care assistant.

(c) Children related to any member of the household by blood, marriage, or adoption.

ANALYSIS: The ratio of personnel to children present in the home on 01/27/2020, was 1 to 13. There should have been 2 additional caregivers in the home at this time.

CONCLUSION: VIOLATION ESTABLISHED

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APPLICABLE RULE

R 400.1910 Ratio of personnel to children.

(2) For each member of the personnel, not more than 4 children shall be under the age of 30 months, with not more than 2 of the 4 children under the age of 18 months.

ANALYSIS: Ms. Westbrooks was left in the child care home three children ages 1-years-old; three children ages 2-years-old, three children ages 3-years-old; 1 child age 4-years-old; 1 child age 3-months-old and one child age 11-months-3-months-old. There should have been 2 additional caregivers in the home at this time.

CONCLUSION: VIOLATION ESTABLISHED IV. RECOMMENDATION

I recommend modification of the current status of the license to 1st provisional to

include unannounced inspections.

02/27/2020 ________________________________________ LaTanya Ellington Licensing Consultant Date Approved By: March 2, 2020 ________________________________________ Shirley D. Baskin Area Manager Date

corrective action plan der the Statewide Search for Licensed Child Care Centers and Homes

References

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