State of Michigan DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING RICK SNYDER MAURA D. CORRIGAN GOVERNOR DIRECTOR December 10, 2012 Shonta Wheeler Kids Now Children's Development Center 44712 Green Briar Belleville, MI 48111 RE: Lic./Reg. #: DC630321827 Investigation #: 2013D0432002 Kids Now Children's Development Center - Dixie Dear Ms. Wheeler: 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 feel free to contact me with any questions. In the event that I am not available and you need to speak to someone immediately, please feel free to contact the local office at (248) 975-5053. P.O. BOX 30650 • LANSING, MICHIGAN 48909-8150 www.michigan.gov • (517) 335-6124 Per MCL 722.113g, this report and any related corrective action plans must be filed in your licensing notebook. Sincerely, Cheryl Amare, Licensing Consultant Bureau of Children and Adult Licensing Suite 1000 28 N. Saginaw Pontiac, MI 48342 (248) 860-0896 Enclosure MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION License #: DC630321827 Investigation #: 2013D0432002 Complaint Receipt Date: 10/18/2012 Investigation Initiation Date: 10/22/2012 Report Due Date: 12/17/2012 Licensee Name: Kids Now Children's Development Center Licensee Address: 44712 Green Briar Belleville, MI 48111 Licensee Telephone #: N/A Administrator: Shonta Wheeler, Designee Licensee Designee: Shonta Wheeler, Designee Name of Facility: Kids Now Children's Development Center - Dixie Facility Address: 3100 Dixie Highway Waterford Twp, MI 48328 Facility Telephone #: (248) 618-8807 Original Issuance Date: 08/23/2012 License Status: PROVISIONAL Effective Date: 08/23/2012 Expiration Date: 02/22/2013 Capacity: 50 Program Type: CHILD CARE CENTER 1 II. ALLEGATION(S) In the last two weeks, Licensee Shonta Wheeler has dropped off 4 or 5 children at the center, and there are no records for the children. She transports them everywhere. The children are from her previously closed child care center in Wayne County. III. METHODOLOGY 10/18/2012 Special Investigation Intake 2013D0432002 10/18/2012 Contact - Telephone message from Licensee Shonta Wheeler. 10/19/2012 Contact - Telephone call made to Ms. Wheeler. She had questions about the transportation rules. 10/22/2012 Special Investigation Initiated – Telephone call from Witness. 10/23/2012 Inspection Completed On-site from 11:10 to 11:40am. Interviewed Ms. Wheeler. 10/25/2012 Contact - Telephone call made to Program Director Ramona Kenworthy 10/25/2012 Contact – Document Received- email from Ms. Wheeler 10/31/2012 Contact - Face to Face with Shonta Wheeler 11/01/2012 Contact - Document Received- email from Ms. Wheeler. 11/05/2012 Contact – Document Received- email from Ms. Wheeler 11/08/2012 Contact - Document Received- email from Ms. Wheeler 11/14/2012 Contact - Telephone message from Ms. Wheeler. 11/26/2012 Contact - Telephone message from Ms. Wheeler 11/26/2012 Contact - Document Sent -email to Ms. Wheeler 11/27/2012 Contact - Document Received- email from Ms. Wheeler 11/29/2012 Contact - Telephone call made to Ms. Wheeler 11/30/2012 Contact - Telephone message from Ms. Wheeler 2 11/30/2012 Exit Conference with Ms. Wheeler 11/30/2012 Contact – Document Sent, email to Ms. Wheeler ALLEGATION: In the last two weeks, Licensee Shonta Wheeler has dropped off 4 or 5 children at the center, and there are no records for the children. She transports them everywhere. The children are from her previously closed child care center in Wayne County. INVESTIGATION: On 10/22/2012 I interviewed Witness who stated the licensee, Shonta Wheeler, closed a child care center in Wayne County on 10/05/2012. On 10/10/2012, 10/12/2012, and 10/15/2012, Ms. Wheeler transported children from this closed center to the Waterford center. According to Witness, Ms. Wheeler did not provide any child information records for these children when she dropped them off at the center, and an attendance record was not kept for these children. On 10/23/2012 I completed an on-site inspection to the Waterford center. Ms. Wheeler and Program Director Ramona Kenworthy were present. I interviewed Ms. Wheeler who stated she has transported Child A (female, four years old), Child B (female, four years old), Child C (female, twenty months old), and Child D (female, three years old) to the center today and on 10/19/2012. I requested to review child information cards, immunization records, attendance records, and transportation permission slips for these four children. Ms. Wheeler stated she has all of these documents kept at the closed center in Wayne County. There were no children’s records for Child A, Child B, Child C, or Child D kept at the Waterford center. I reviewed the center’s attendance record for 10/23/2012. Child A, Child B, Child C, and Child D were not recorded on the attendance sheet. Ms. Wheeler stated the children were not recorded on an attendance record for 10/19/2012, but an attendance record is kept at the Wayne County center. I also requested to review required transportation records for the driver, Ms. Wheeler, and the equipment and documents for the vehicle used to transport the children. Ms. Wheeler stated the vehicle did not have three bidirectional triangles or a first aid kit. She provided a copy of the vehicle inspection that had been completed on 10/20/2012. Ms. Wheeler was unable to provide documentation of valid automobile insurance or registration. The copies she had of the automobile insurance expired on 09/12/2012 and the registration expired in 2010. Ms. Wheeler did not have a copy of her driving record or a copy of her valid drivers’ license on file at the center. On 10/25/2012 I interviewed Program Director Ramona Kenworthy. She stated Ms. Wheeler transported four children she believed to be Child A, Child B, Child C, and 3 Child D to the Waterford center on 10/15/2012, 10/17/2012, and 10/19/2012. Ms. Kenworthy stated the children had also been transported to the center two other times in October, but she could not remember the exact dates. Ms. Kenworthy stated that the first day the children were transported to the center, Ms. Wheeler signed the children in on the attendance record; however she did not provide any child information cards or records for the children. On 10/15/2012, Ms. Wheeler contacted Ms. Kenworthy to inform her she would be transporting the children to the center that morning, and they would be there for lunch. Ms. Kenworthy stated the children did not arrive to the center until 3:00pm that day. She was not sure why the children arrived later than expected or if the children were in Ms. Wheeler’s vehicle for more than one continuous hour. On 10/25/2012 I received an email from Ms. Wheeler that she would be able to provide me the children’s records and transportation documents on 10/31/2012. On 10/31/2012 I met with Ms. Wheeler. She denied the children were transported for more than one hour on any occasion including 10/15/2012 when they were brought to the center in the afternoon. I requested to review the children’s records and transportation documents. Ms. Wheeler stated Child A, Child B, Child C, and Child D were at the Waterford center today, but she did not have the documents with her, nor were they at the Waterford center. She stated she would schedule another time that I could review these documents. On 11/01/2012 I received an email from Ms. Wheeler stating she would contact me on 11/02/2012 to review the transportation documents and children’s’ records. Ms. Wheeler did not contact me on 11/02/2012. On 11/05/2012 Ms. Wheeler emailed me stating she would be able to provide me with the requested documents on 11/08/2012; however, on 11/08/2012 she sent an email that she would not be available until either 11/12/2012 or 11/14/2012. I emailed Ms. Wheeler that I would be available on 11/14/2012. On 11/14/2012, Ms. Wheeler left a voicemail message that she was not available, and she would fax me the requested documents. On 11/26/2012 Ms. Wheeler left a voicemail message stating she had sent the documents. On 11/26/2012 I emailed Ms. Wheeler that I had not received the documents. On 11/27/2012 Ms. Wheeler emailed me that she would send the documents again. On 11/29/2012 I left a message for Ms. Wheeler that I still had not received the documents. On 11/30/2012 Ms. Wheeler stated she would send the documents via U.S. mail, and as of 12/04/2012 no documents have been received from Ms. Wheeler. 4 APPLICABLE RULE R 400.5111 Children's records. (1) At the time of the child's initial attendance, a child information card, using a form provided by the department or a comparable substitute, filled out by the parent, including written permission, signed by the parent, to seek emergency medical care shall be obtained and kept on file and accessible in the center. ANALYSIS: According to Ms. Wheeler child information cards have been completed for Child A, Child B, Child C, and Child D; however, these cards were not kept on file and accessible in the center on 10/19/2012, 10/23/2012, and 10/31/2012. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5111 Children's records. (3) At the time of initial attendance, 1 of the following shall be obtained and kept on file and accessible in the center: (a) A certificate of immunization showing a minimum of 1 dose of each immunizing agent specified by the Department of Community Health. (b) A copy of a waiver addressed to the Department of Community Health and signed by the parent stating immunizations are not being administered due to religious, medical, or other reasons. ANALYSIS: Immunization records for Child A, Child B, Child C, and Child D were not kept on file and accessible in the center. CONCLUSION: VIOLATION ESTABLISHED R 400.5111 Children's records. (8) The center shall maintain an accurate record of daily attendance at the center that includes each child's first and last name, and each child's arrival and departure time. 5 ANALYSIS: Ms. Wheeler stated on 10/19/2012 and10/23/2012 that Child A, Child B, Child C, and Child D were in attendance, but they were not recorded on the center’s daily attendance record. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5603 All motor vehicles. (5) Motor vehicles with a manufacturers rated seating capacity of 10 passengers or fewer, including the driver, other than volunteer vehicles, shall be inspected annually by a licensed mechanic. A copy of the inspection shall be on file in the center. ANALYSIS: The vehicle Ms. Wheeler uses to transport the children had not been inspected prior to Ms. Wheeler transporting them on 10/19/2012. The vehicle was inspected on 10/20/2012. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5603 All motor vehicles. (7) A statement verifying that the motor vehicle is in compliance with the Michigan code safety equipment requirements shall be kept on file in the center. ANALYSIS: The center did not have a statement on file for the vehicle. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5605 Safety equipment in motor vehicles with a manufacturer's rated seating capacity of 10 or fewer occupants. (1) Each motor vehicle with a manufacturer's rated seating capacity of 10 or fewer occupants shall carry the following safety equipment: (a) Three bidirectional emergency reflective triangles properly cased and securely stored in the motor vehicle. 6 ANALYSIS: On 10/23/2012, Ms. Wheeler stated she did not have three bidirectional triangles stored in the vehicle. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5605 Safety equipment in motor vehicles with a manufacturer's rated seating capacity of 10 or fewer occupants. (1) Each motor vehicle with a manufacturer's rated seating capacity of 10 or fewer occupants shall carry the following safety equipment: (b) A first aid kit shall be securely stored in an accessible location in the driver compartment. The first aid kit shall contain, at a minimum, all of the following: (i) Bandage compresses (sterile gauze pads). (ii) Adhesive compresses. (iii) A 40-inch triangular bandage. (iv) A roll of gauze. (v) An elastic bandage. ANALYSIS: On 10/23/2012 Ms. Wheeler stated she did not have a first aid kit stored in the vehicle. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5610 Motor vehicle operator. (1) The driver of any motor vehicle transporting children shall comply with all of the following: (d) Have proof of valid automobile insurance and registration. ANALYSIS: On 10/23/2012, Ms. Wheeler was unable to provide proof of valid automobile insurance and registration. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5610 Motor vehicle operator. (2) The following documents shall be on file in the center: (a) A copy of each driver's driving record, except for drivers 7 of volunteer motor vehicles, obtained from the Secretary of State at least once a year. ANALYSIS: On 10/23/2012 a copy of Ms. Wheeler’s driving record had not been obtained and kept on file at the center. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5610 Motor vehicle operator. (2) The following documents shall be on file in the center: (c) A copy of a valid operator license. ANALYSIS: A copy of Ms. Wheeler’s valid operator license was not on file at the center on 10/23/2012. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5610 Motor vehicle operator. (3) Drivers shall be provided with a copy of the child information card or comparable facsimile for each child being transported in their motor vehicles. ANALYSIS: Ms. Wheeler did not have copies of Child A, Child B, Child C, and Child D’s child information cards with her while transporting the children on 10/23/2012. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5611 Caregiver-to child ratio and supervision. (1) The ratio of caregivers to children at all times, who are in transit, shall be based on the following provisions: (a) For infants and young toddlers, there shall be 1 caregiver for 4 children or each fraction of 4 excluding the driver. 8 ANALYSIS: Ms. Wheeler stated she was the driver for Child A, Child B, Child C, and Child D on 10/19/2012 and 10/23/2012. Child C is 20 months old (a young toddler). There was no other caregiver in the vehicle with Ms. Wheeler and the four children. CONCLUSION: VIOLATION ESTABLISHED APPLICABLE RULE R 400.5613 Time limitation on child transit. For children under school-age, transportation routes shall be planned so that a child is not in the motor vehicle longer than 1 continuous hour. ANALYSIS: Ms. Wheeler denied the children have been in the vehicle for longer than an hour. CONCLUSION: VIOLATION NOT ESTABLISHED APPLICABLE RULE R 400.5615 Parent permission for routine transportation. Parent's written permission shall be obtained annually for routine transportation including, but limited to, transportation between the child’s home, center, and school. ANALYSIS: There was no documentation provided that indicated the parents of Child A, Child B, Child C, and Child D have given written permission for the children to be transported. CONCLUSION: VIOLATION ESTABLISHED 9 IV. RECOMMENDATION Upon receipt of an acceptable corrective action plan, I recommend no change in the license status. Cheryl Amare Licensing Consultant Date 12/10/2012 Approved By: 12/10/2012 ________________________________________ Jacquelin Sharkey Date Area Manager 10
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