STATE OF MICHIGAN
GRETCHEN WHITMER
GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRSLANSING
ORLENE HAWKS DIRECTOR
January 28, 2019 Cristin Muniz
Little Explorers Learning Center MI, LLC 9416 Shaver Rd.
Portage, MI 49024 RE: License #:
Investigation #: DC3903609072019D0220005
Little Explorers Learning Center
Dear Ms. Muniz:
Attached is the Special Investigation Report for the above referenced facility. Due to the violations identified in the report, a written corrective action plan is required. The corrective action plan is due 15 days from the date of this letter and 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.
If you desire technical assistance in addressing these issues, please feel free to contact me. In any event, the corrective action plan is due within 15 days. Failure to submit an acceptable corrective action plan will result in disciplinary action.
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 (616) 356-0183.
Per MCL 722.113g, this report and any related corrective action plans must be filed in your licensing notebook.
Sincerely,
Amy Steger, Licensing Consultant Child Care Licensing Division 322 E. Stockbridge Ave Kalamazoo, MI 49001 (269) 568-2915
MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS BUREAU OF COMMUNITY AND HEALTH SYSTEMS
SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION
License #: DC390360907
Investigation #: 2019D0220005
Complaint Receipt Date: 12/12/2018
Investigation Initiation Date: 12/13/2018
Report Due Date: 02/10/2019
Licensee Name: Little Explorers Learning Center MI, LLC
Licensee Address: 9416 Shaver Rd.
Portage, MI 49024
Licensee Telephone #: (269) 321-8815
Administrator: Cristin Muniz, Designee
Licensee Designee: Cristin Muniz, Designee
Name of Facility: Little Explorers Learning Center
Facility Address: 9416 Shaver Rd
Portage, MI 49024
Facility Telephone #: (269) 312-8680
Original Issuance Date: 07/17/2014
License Status: REGULAR
Effective Date: 12/12/2017
Expiration Date: 12/11/2019
Capacity: 30
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II. ALLEGATION(S)
III. METHODOLOGY
12/12/2018 Special Investigation Intake - 2019D0220005 12/13/2018 Special Investigation Initiated - On Site
Onsite from approximately 3:45 until 5:00 PM. Interviewed licensee Cristin Muniz.
01/17/2019 Contact - Telephone call made
Telephone contact with Caregiver 1, Child A's Mother, and Child B's Mother. Attempted telephone contact with Caregiver 2, Caregiver 3, Caregiver 4, and Child C and Child D's Mother. 01/24/2019 Contact - Telephone call made
Telephone contact with Caregiver 5 and Child C and Child D's Mother. Attempted telephone contact with Caregiver 6.
01/24/2019 Inspection Completed On-site
Onsite from approximately 1:45 until 2:30 PM. Interviewed licensee Cristin Muniz and Caregiver 2.
01/24/2019 Contact - Document Received
Email received from licensee Cristin Muniz and Child E's Mother. 01/25/2019 Inspection Completed-BCAL Sub. Compliance
01/25/2019 Exit conference with licensee Cristin Muniz via telephone.
Violation Established? The caregivers put children in high chairs or against the wall as a
method of discipline.
No
The center is out of ratio. Yes
ALLEGATION: The caregivers put children in high chairs or against the wall as a method of discipline.
INVESTIGATION: I made an unannounced onsite inspection to the center on 12/13/2018. I made contact with licensee and program director, Cristin Muniz. She was advised of the allegations.
Ms. Muniz stated that the methods of discipline they generally use is to give children a choice depending on the situation and to talk with them. They do utilize “sidelines” which is when a child has to stand against the wall. This is only used if the child is “out of control.” She stated that a caregiver will talk to the child and then may leave them sidelined for a couple minutes. She denied that caregivers leave children sidelined for longer than 1 minute per age of the child. I advised Ms. Muniz that this is considered a time out and could only be used for children 3 years and older and for no longer than 1 minute per age.
I asked about the use of high chairs. Ms. Muniz stated that they only use high chairs when children are eating. I asked if a high chair is ever used as discipline or to restrain a child. She indicated that the preschool classroom does have one child, Child E, that has special needs and they occasionally put him into a high chair when he gets aggressive. She indicated that his mother and therapist have suggested this as an intervention to keep everyone safe. I requested documentation from the mother and therapist. She advised that they only keep him in there long enough for him to calm down which is generally a couple minutes.
I made telephone contact on 01/17/2019 with Caregiver 1, Child A’s Mother, and Child B’s Mother.
I asked Caregiver 1 about discipline and specifically sidelining. She advised that caregivers do utilize sidelining as a form of discipline. She denied that children are sidelined for an excessive amount of time and that she has not noticed children in time out for too long. I asked about the use of high chairs. She stated that only infants and toddlers are placed into high chairs when they are eating. I asked if any other children are in a high chair for any other reason. She said that Child E has to be put in a high chair occasionally due to his behavior and aggression. She stated that she thinks there is a note from the mother and doctor.
Child A’s Mother stated that she does not believe that discipline is an issue. She believes they use redirection. I asked about the use of high chairs or extended time outs as a form of discipline. She advised that Child A is young and does not need much disciplining and did not think the Child A receives time outs. The only time Child A was in a high chair besides to eat was when she was sick, and they called her to come and pick her up.
Child B’s Mother stated that she does know that the caregivers use sidelining as a form of discipline. She felt that it was used appropriately and did not think that
4 children were left there too long. She was not sure what other methods of discipline were used. She did not have any knowledge of high chairs being used as a form of discipline.
On 01/24/2019 I made telephone contact with Child C and Child D’s Mother and Caregiver 5.
Child C and Child D’s Mother stated that discipline has not been a concern with her children. She advised that she has seen a child in a high chair that seemed too big for the chair. She thinks he was in a time-out. She is not sure how long a sideline or time-out last.
I asked Caregiver 5 about discipline and specifically use of sidelining. She stated that caregivers do use sidelining. She described this as children standing against the wall. She is not sure if it is more than 1 minute per age but did not feel that it was an inappropriate amount of time. She stated that there is a child that requires the use of a high chair due to aggressive behaviors.
I attempted telephone contact with Ms. Muniz on 01/24/2019. I was not able to leave a message.
I made a second onsite inspection on 01/24/2019. I asked Ms. Muniz for a copy of any documentation stating that an appropriate behavior intervention for Child E involved the use of a high chair. She stated that she would forward the letter from the therapist and an email from the mother.
I interviewed Caregiver 2 while onsite on 01/24/2019. She advised that children are put into time out as a form of discipline. She denied that it is longer than 1 minute per age and the average sideline lasts for approximately 2 minutes or until they can calm down. She advised that Child E does require the use of a high chair when he gets aggressive. She stated that they have permission from the mother and that he only goes into the high chair as a safety measure for himself and others. She
denied that there was any inappropriate discipline happening and they generally just talk with the children.
I received two emails from Ms. Muniz on 01/24/2019. One email was forwarded from Child E’s Mother stating, “I give little explorer's permission to record Child E’s behavior, any and all behavior so that I can share this with his doctors.” The other email was a forwarded message from Child E’s therapist, Kristina Cavalli, stating that she “has observed behaviors consistent with Child E potentially needing to be restrained in the daycare setting, for the safety of himself and others.” The letter further states “Given Child E’s history of persistent dysregulated, aggressive, dangerous behaviors, this therapist acknowledges and documents that Child E’s childcare facility may at times need to restrain Child E, and that it is often unsafe for a caregiver to personally hold Child E, as he will attempt to injure the person.”
I received an email on 01/24/2019 from Child E’s Mother. It stated “Cristin asked me to send you an email confirming that I give little explorers permission to use high chairs as a means of keeping Child E from harming himself and others when he's having an aggressive episode. We are working on his behavior but at times to keep himself and others safe he needs to be restrained until he can calm down. I do give them permission to do so. If you need any further detail, please let me know.”
I attempted telephone contact with Caregiver 3 and Caregiver 4 on 01/17/2019 and 01/24/2019. I attempted telephone contact with Caregiver 6 on 01/24/2019 but could not leave a message. I have not made contact as of the writing of this report.
APPLICABLE RULE
R 400.8140 Discipline.
(2) All of the following means of punishment shall be prohibited:
(g) Confining a child in an enclosed area, such as a closet, locked room, box, or similar cubicle.
ANALYSIS: Child E is put into a high chair as a way to prevent his
aggressive behaviors from harming himself or others. The licensee has a note provided by the therapist documenting the need for this type of intervention.
CONCLUSION: VIOLATION NOT ESTABLISHED
ALLEGATION:
The center is out of ratio.
INVESTIGATION: Ms. Muniz explained that they lost some staff and have struggled to maintain ratio in the afternoons for approximately two weeks. She stated that they are part of the KC Ready 4’s and they get extra points for being over-staffed in the morning and that results in them being understaffed in the afternoon. She is looking for new staff and has been conducting interviews.
During the onsite inspection on 12/13/2018, I observed a caregiver caring for seven toddlers,1-2 years of age. This requires two caregivers. There were also three toddlers 1-2 years of age sleeping in a small gated area off the preschool room. The preschool room had one caregiver who was caring for 14 children. The youngest child was 3 years old. This required two caregivers. Ms. Muniz stated she was acting as a “floater.” She was helping the caregiver in the preschool room and watching the three children who were still napping. I explained to Ms. Muniz that all the groups of children needed to be supervised by a caregiver. When the three napping children woke up, they were sent to the room with the rest of the toddlers.
6 One caregiver was caring for 10 children ages 1-2 years. This required three
caregivers.
Caregiver 1 advised that they are out of ratio every now and then, but it is not every day. She stated that they are short staffed right now, but that Ms. Muniz is in the process of hiring a new caregiver.
Child A’s Mother and Child B’s Mother both denied having concerns regarding ratio. Both felt there were enough caregivers for the number of children present.
Child C and Child D’s Mother stated that she does have some concerns regarding ratio. She advised that the center moves children around because the numbers are too high.
APPLICABLE RULE
R 400.8182 Ratio and group size requirements.
(3) In each room or well-defined space, the maximum group size and ratio of caregivers to children, including children related to a staff member or the licensee, shall be the following:
(a) For infants and toddlers, there shall be 1 caregiver for 4 children and a maximum group size of 12.
ANALYSIS: The toddler room had 10 children with 1 caregiver. One
child was 29 months old requiring a total of 3 caregivers.
CONCLUSION: VIOLATION ESTABLISHED
APPLICABLE RULE
R 400.8182 Ratio and group size requirements.
(3) In each room or well-defined space, the maximum group size and ratio of caregivers to children, including children related to a staff member or the licensee, shall be the following:
(c) For preschoolers 3 years of age, there shall be 1 caregiver for 10 children.
ANALYSIS: The preschool room had 14 children with 1 caregiver. The youngest child in the room was 3 years old requiring a second caregiver.
CONCLUSION: VIOLATION ESTABLISHED
ADDITIONAL FINDINGS:
INVESTIGATION:
I had telephone contact with Child C and Child D’s Mother on 01/24/2019. She stated that she occasionally observes four infants in the infant room. She thought that the room was only licensed for three infants.
I spoke with Caregiver 5 over the telephone on 01/24/2019. She stated that there are sometimes four infants in the infant room. She stated she thought the room was only licensed for three infants or toddlers.
I reviewed the Original Licensing Study Report and the room is 126 square feet, therefore licensed for three infants or toddlers. While onsite on 12/13/2018, I observed four infants in the infant room with one caregiver.
While onsite on 01/25/2019, I again observed four infants in the infant room. Ms. Muniz stated that she is trying to transition 9-month old infant into the toddler room because she is developmentally ready. The 9-month old infant spends most of her time in the toddler room but eats and sleeps in the infant room due to food allergies and still requiring the use of a crib. There are four infants in the room when she is eating or sleeping. I discussed other eating and sleeping arrangements so that Ms. Muniz could transition the child as soon as possible as the infant room is only large enough to accommodate three infants and toddlers.
R 400.8167 Indoor space.
(1) The required square footage of indoor space per child shall be at least the following:
(a) Fifty square feet for infants and toddlers.
(b) Thirty-five square feet for preschoolers and school-agers.
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ANALYSIS: The infant room measures 126 square feet and is licensed
for three infants. There were four infants in the infant room with the caregiver.
CONCLUSION: VIOLATION ESTABLISHED
INVESTIGATION: While onsite on 12/13/2019, a caregiver served the preschool children a snack after waking up from their nap. Children did not wash their hands prior to eating their snack.
APPLICABLE RULE
R 400.8134 Hand washing.
(3) Staff and volunteers shall assure that children wash their hands at all of the following times:
(a) Before meals, snacks, or food preparation experiences.
ANALYSIS: Children did not wash hands prior to eating a snack after
their nap.
CONCLUSION: VIOLATION ESTABLISHED
INVESTIGATION: During the 12/13/2019 onsite inspection, a caregiver served pretzels to children using her bare hands. She used bare fingers to pinch inside of the beverage cups where children place their mouths in order to grab three at a time while serving children.
APPLICABLE RULE
R 400.8320 Food preparation.
(5) Ready to eat foods shall not be prepared or served using bare hands.
ANALYSIS: A caregiver used her bare hands to serve the children a
ready to eat snack of pretzels and placed bare fingers inside of beverage cups being served to children.
IV. RECOMMENDATION
Upon receipt of an acceptable corrective action plan, I recommend no change in the status of this license.
01/28/2019 ________________________________________ Amy Steger Licensing Consultant Date Approved By: 01/29/2019 ________________________________________ Yolanda Sims Area Manager Date
