STATE OF MICHIGAN DEPARTMENT OF HUMAN SERVICES

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1 STATE OF MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING JENNIFER M. GRANHOLM GOVERNOR ISMAEL AHMED DIRECTOR January 14, 2009 Roberta Garrison 5991 Nichols Rd. Mason, MI RE: Registration #: Investigation #: DF D Garrison, Roberta Dear Ms. Garrison: 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. P.O. BOX LANSING, MICHIGAN (517)

2 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 (517) Sincerely, Mark Allen, Licensing Consultant Bureau of Children and Adult Licensing 7109 W. Saginaw P.O. Box Lansing, MI (517) enclosure

3 MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION Registration #: Investigation #: DF D Complaint Receipt Date: 12/05/2008 Investigation Initiation Date: 12/08/2008 Report Due Date: 02/03/2009 Registrant Name: Registrant Address: Roberta Garrison 5991 Nichols Rd. Mason, MI Registrant Telephone #: (517) Administrator: N/A Licensee Designee: Name of Facility: Facility Address: Garrison, Roberta 5991 Nichols Road Mason, MI Facility Telephone #: (517) Original Issuance Date: 01/13/2005 Registration Status: REGISTERED Effective Date: 01/13/2008 Expiration Date: 01/12/2011 Capacity: 6 Program Type: CHILD DAY CARE FAMILY HOME (CAPACITY 1-6) 1

4 II. ALLEGATION(S) Ms. Garrison spanks Child C (age 3, male) on his butt. Child care children are not allowed to have a bowel movement in the home. Ms. Garrison does not have enough toys in the home for the children to play with. Child care children are served water to drink with meals instead of milk. III. METHODOLOGY 12/05/2008 Special Investigation Intake 2009D /08/2008 Special Investigation Initiated - On Site 12/08/2008 Contact - Telephone call made Child A and B's mother 12/08/ /08/ /09/ /09/2008 Contact - Telephone call made Child C and D's mother Contact Telephone call made Child E and F s mother Contact - Telephone call made Child A and B's mother Contact Telephone call received Child A and B s mother 12/10/2008 Contact - Telephone call made Child C and D's mother 12/19/ /19/2008 1/2/2009 1/2/2009 Contact - Telephone call made Child E and F's father Contact Telephone call made Child G s mother Contact -Telephone call made Child E and F s mother Contact Telephone call made Adult 1, Eastminster Food Program 2

5 1/2/2009 Exit conference Ms. Garrison ALLEGATION: Ms. Garrison spanks Child C (age 3, male) on his butt. INVESTIGATION: Ms. Garrison denied spanking Child C or any other child care children at any time. She indicated that she primarily uses re-direction as a child guidance technique. However, Ms. Garrison stated that there may have been an occasion in which she tapped a young child on the hand if that child was reaching and about to grab something such as window blinds, while telling the child no, no. This consultant discussed this approach with Ms. Garrison, and suggested that redirection is a better approach to use and advised her against tapping children on their hands even if it is done in a gentle manner. This consultant reviewed Ms. Garrison s written discipline policy during the inspection. The policy emphasizes positive discipline techniques including positive re-direction. Ms. Garrison does not utilize an assistant caregiver. Child A and B s mother initially indicated that Child A (age 5, male) and Child B (age 3, female) told her that Child C was spanked on the butt, but they did not know why or how Child C was spanked. However, this consultant spoke with Child A and B s mother a second time after interviewing Ms. Garrison, and after Child A and B s mother spoke with Child A and Child B in more detail about the allegation. Child A and Child B s mother indicated that Child A told her that Ms. Garrison spanked Child C because he had an accidental bowel movement resulting in feces getting onto the floor of the bathroom. When she asked the children where Child C was spanked, Child B demonstrated by slapping Child A and B s mother on her leg. Child A and B s mother did not ask the children when this event allegedly took place. Child A and B s mother agreed to allow this consultant to interview Child A and Child B at their home on However, she cancelled the appointment the following day and denied this consultant s request. Therefore, this consultant asked Child A and B s mother if she would talk with the children in more detail about how Ms. Garrison disciplines the children, as well as the other allegations. Adult 1 agreed to talk with the children and contact this consultant afterwards, but no follow up phone call was received from Child A and B s mother. Child C and D s mother indicated that Child C and Child D (age 5, male) have never been spanked or physically disciplined by Ms. Garrison to the best of her knowledge. This consultant asked Child C and D s mother for permission to interview Child C and Child D, which she denied. However, she agreed to speak to Child C and Child D to determine if either child has been physically disciplined by Ms. Garrison. After talking with the children, Child C and D s mother told this consultant that both 3

6 children denied being spanked or physically disciplined in any way by Ms. Garrison. She described her children as articulate for their age, and stated they probably would have told her if they were being spanked. Child E and F s father, Child E and F s mother and Child G s mother all indicated that they do not believe that Ms. Garrison has ever used any kind of physical discipline on their children. All three parents indicated that their children would have told them if Ms. Garrison was using any type of physical discipline. APPLICABLE RULE R Discipline and child handling. (3) Caregiving staff shall not do any of the following: (a) Hit, spank, shake, bite, pinch, or inflict other forms of corporal punishment. ANALYSIS: CONCLUSION: Four parents contacted indicated that Ms. Garrison does not use any type of corporal punishment on child care children. VIOLATION NOT ESTABLISHED ALLEGATION: Child care children are not allowed to have a bowel movement in the home. INVESTIGATION: Child A and B s mother indicated that Child A and Child B both told her that Ms. Garrison forbids them to have bowel movements in her home and tells them that they have to hold it until they get home. Child A and Child B reportedly told her this the week before Thanksgiving. Ms. Garrison denied that children are not allowed to have a bowel movement in her home, and denied that she told child care children to hold bowel movements until after they get home. This consultant asked Ms. Garrison why she thought anyone would make such an allegation. She explained that she has made comments in jest to one or two parents about the number of bowel movements a child had during the day. She speculated that this might have led to a misunderstanding by any children who may have overheard her speak jokingly with a parent. Child E and F s mother stated that Ms. Garrison and she had a conversation fairly recently in which she told Ms. Garrison that Child E (female, age 15 months) had a bowel movement within a few minutes after she picked her up from the child care home. According to Child E and F s mother, Ms Garrison jokingly responded by saying I train them to do that. Child E and F s mother could not remember how many child care children were present when the conversation took place. Child E and F s mother indicated that Ms. Garrison does not attempt to prevent child care 4

7 children from having bowel movements and added she has been wonderful to us, and provides excellent care to the children. Child G s mother stated that she does not believe Ms. Garrison prohibits children from using the restroom to have a bowel movement. While on the phone with this consultant, Child G s mother asked Child G (age 5, female) if Ms. Garrison ever told her that she could not use the bathroom for a bowel movement. Child G could be heard in the background saying no, we can use the bathroom whenever we want. Child G s mother also told this consultant that Ms. Garrison has a sense of humor, and recalled that they used to joke about the number of bowel movements Child G had at Ms. Garrison s home before she was toilet trained. Child C and D s mother and Child E and F s father both stated that Ms. Garrison does not prohibit child care children from having bowel movements. This consultant asked Ms. Garrison if any children ever had bowel movement accidents while in her home. She responded affirmatively, and indicated that bowel movement accidents have occurred on one or two occasions and that each time she continued to work with the child in helping them become potty trained, but did not discipline the child. Ms. Garrison indicated that child care children primarily use a bathroom located off of the kitchen, but stated that they also use a second bathroom located in the hallway leading to the bedrooms on the main floor of the home. During the inspection, several children used the bathroom near the kitchen. This consultant flushed the toilets in each bathroom and both were working properly. APPLICABLE RULE R Discipline and child handling. (3) Caregiving staff shall not do any of the following: (d) Deprive a child of meals, snacks, rest, or necessary toilet use. ANALYSIS: CONCLUSION: Four parents indicated that they do not believe Ms. Garrison prohibits child care children from having bowel movements in her home. Ms. Garrison does not deprive child care children of necessary toilet use. VIOLATION NOT ESTABLISHED 5

8 ALLEGATION: Ms. Garrison does not have enough toys in the home for the children to play with. INVESTIGATION: This consultant observed child care children playing with a variety of toys during the inspection. Some of the equipment observed by this consultant included the following items: puppets, toy trucks, toy dinosaurs, Barbie dolls, tool kits, and a train with wooden tracks. A variety of infant toys were also observed, as well as a vocabulary learning center, letter flash cards, crayons and a variety of children s books. Child C and D s mother, Child E and F s father, Child E and F s mother and Child G s mother all indicated that they have observed an adequate amount of play equipment in the home. APPLICABLE RULE R Indoor space; play equipment and materials. (3) A variety and number of easily accessible activity choices shall be available to the child, shall be safe and appropriate for a child at his or her stage of development, and shall be based on the licensed/ registered number of children. All of the following apply to activity choices available: (a) Materials may include books, art supplies, blocks and accessories, large muscle equipment, manipulative toys, musical equipment, and dramatic play materials. ANALYSIS: CONCLUSION: There was a variety of play equipment available to the children. The equipment was appropriate for different ages including infants and was easily accessible. The amount of play equipment was adequate for six children. VIOLATION NOT ESTABLISHED ALLEGATION: Child care children are served water to drink with meals instead of milk. INVESTIGATION: Three out of four children had partially full cups of milk when this consultant arrived for the inspection at approximately 9:00 AM. Ms. Garrison stated she offered milk to the other child who was drinking a cup of orange juice sent by the child s mother. This consultant observed a mostly full gallon of 2% milk and a partially full half gallon of whole milk in Ms. Garrison s refrigerator. Ms. Garrison stated she always offers milk when serving meals, as required by her participation in the Eastminster Food Program. This consultant contacted the 6

9 Eastminster Food Program and spoke with Witness 1, to find out if Ms. Garrison has been compliant with their minimum meal requirements. Witness 1 indicated that Ms. Garrison has never been found in violation of any of the minimum meal requirements, including serving milk with meals. Child C and D s mother, Child E and F s father, Child E and F s mother and Child G s mother, all indicated that milk is served to their children at each meal to the best of their knowledge. APPLICABLE RULE R Food preparation and service. (1) Each child shall be provided with nutritional and sufficient food as required by the minimum meal requirements of the child care food program, as administered by the Michigan department of education, based on the national research council's recommended dietary allowances for appropriate age groups, unless parents provide the food. ANALYSIS: CONCLUSION: Each child is served or offered milk at each meal as required by the child care food program. VIOLATION NOT ESTABLISHED ADDITIONAL FINDINGS: INVESTIGATION: Ms. Garrison admitted that she occasionally makes young children stand in the corner of the living room, facing the corner, as a discipline technique. APPLICABLE RULE R Discipline and child handling. (3) Caregiving staff shall not do any of the following: (c) Inflict mental or emotional stress, such as humiliating, shaming, threatening a child, or using derogatory remarks. ANALYSIS: CONCLUSION: Requiring young children to face the corner of the room while standing, may cause some children to feel embarrassment or cause emotional stress. VIOLATION ESTABLISHED 7

10 IV. RECOMMENDATION Upon receipt of an acceptable corrective action plan I recommend that the status of the license remain unchanged. Mark Allen Date Licensing Consultant Approved By: 01/14/09 Kathleen S. Sinnamon Date Area Manager 8

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