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Special Investigation Report # 2011D0732010

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RICK SNYDER<br />

GOVERNOR<br />

State of Michigan<br />

DEPARTMENT OF HUMAN SERVICES<br />

BUREAU OF CHILDREN AND ADULT LICENSING<br />

MAURA D. CORRIGAN<br />

DIRECTOR<br />

May 24, 2011<br />

Tanja Burfiend<br />

9010 Carns Rd.<br />

Williamsburg, MI 49690<br />

RE: Registration #:<br />

<strong>Investigation</strong> #:<br />

DF280267506<br />

<strong>2011D0732010</strong><br />

Burfiend, Tanja<br />

Dear Ms. Burfiend:<br />

Attached is the <strong>Special</strong> <strong>Investigation</strong> <strong>Report</strong> for the above referenced facility. Due to<br />

the violations identified in the report, a written corrective action plan is required. The<br />

corrective action plan is due 15 days from the date of this letter and must include the<br />

following:<br />

• How compliance with each rule will be achieved.<br />

• Who is directly responsible for implementing the corrective action for each<br />

violation.<br />

• Specific time frames for each violation as to when the correction will be<br />

completed or implemented.<br />

• How continuing compliance will be maintained once compliance is<br />

achieved.<br />

• The signature of the responsible party and a date.<br />

If you desire technical assistance in addressing these issues, please feel free to contact<br />

me. In any event, the corrective action plan is due within 15 days. Failure to submit an<br />

acceptable corrective action plan will result in disciplinary action.<br />

P.O. BOX 30650 • LANSING, MICHIGAN 48909-8150<br />

www.michigan.gov • (517) 335-6124


Please review the enclosed documentation for accuracy and feel free to contact me with<br />

any questions. In the event that I am not available and you need to speak to someone<br />

immediately, please feel free to contact the local office at (231) 922-5309.<br />

Per MCL 722.113g, this report and any related corrective action plans must be filed in<br />

your Licensing Notebook.<br />

Sincerely,<br />

Dorene Radke-Boyd, Licensing Consultant<br />

Bureau of Children and Adult Licensing<br />

Suite 11<br />

701 S. Elmwood<br />

Traverse City, MI 49684<br />

(231) 922-5304<br />

enclosure


MICHIGAN DEPARTMENT OF HUMAN SERVICES<br />

BUREAU OF CHILDREN AND ADULT LICENSING<br />

SPECIAL INVESTIGATION REPORT<br />

I. IDENTIFYING INFORMATION<br />

Registration #:<br />

<strong>Investigation</strong> #:<br />

DF280267506<br />

<strong>2011D0732010</strong><br />

Complaint Receipt Date: 04/05/2011<br />

<strong>Investigation</strong> Initiation Date: 04/05/2011<br />

<strong>Report</strong> Due Date: 06/04/2011<br />

Registrant Name:<br />

Registrant Address:<br />

Tanja Burfiend<br />

9010 Carns Rd.<br />

Williamsburg, MI 49690<br />

Registrant Telephone #: (231) 264-5152<br />

Administrator:<br />

N/A<br />

Licensee Designee:<br />

Name of Facility:<br />

Facility Address:<br />

Burfiend, Tanja<br />

9010 Carns Rd.<br />

Williamsburg, MI 49690<br />

Facility Telephone #: (231) 264-5152<br />

Original Issuance Date: 08/02/2004<br />

Registration Status:<br />

REGISTERED<br />

Effective Date: 08/03/2010<br />

Expiration Date: 08/02/2013<br />

Capacity: 6<br />

Program Type: CHILD CARE FAMILY HOME (CAPACITY 1-6)<br />

1


II.<br />

ALLEGATION(S)<br />

• Tanja Burfiend wrote inappropriate text messages that resulted in a Michigan<br />

State Police investigation.<br />

• Ms. Burfiend naps when children are in care.<br />

• Tanja Burfiend does not provide adequate meals for children in care. The<br />

children eat cereal for dinner and dinner is not always served in a timely manner.<br />

• Children are “double buckled” into seat belts when riding in her vehicle.<br />

III.<br />

METHODOLOGY<br />

04/05/2011 <strong>Special</strong> <strong>Investigation</strong> Intake<br />

<strong>2011D0732010</strong><br />

04/05/2011 <strong>Special</strong> <strong>Investigation</strong> Initiated - Letter<br />

Email sent to Michigan State Trooper Bert Richards regarding his<br />

investigation per 3/30/11 email<br />

04/12/2011 Contact - Document Received<br />

Michigan State Police report received<br />

04/12/2011 Contact - Telephone call made<br />

Telephone interview with Witness 1<br />

04/13/2011 Inspection Completed On-site<br />

04/14/2011 Contact - Telephone call made<br />

Telephone interview with Parent 1<br />

04/14/2011 Contact - Telephone call made<br />

Telephone interview with Parent 2<br />

04/15/2011 Contact - Telephone call received<br />

Telephone call received from Tanja Burfiend<br />

04/18/2011 Contact - Telephone call made<br />

Telephone interview with Parent 3<br />

04/18/2011 Contact - Document Received<br />

Medical Clearance Request form received from Tanja Burfiend<br />

04/20/2011 Contact - Telephone call made<br />

Telephone interview with Parent 4<br />

2


04/20/2011 Contact - Telephone call made<br />

Telephone contact with Ursula Johnson, LMSW<br />

04/22/2011 Contact - Telephone call made<br />

Telephone contact with Pamela Ward, Director of Child Care<br />

Connections<br />

04/26/2011 Contact - Document Received<br />

Letter received from Ursula Johnson, LMSW<br />

05/09/2011 Inspection Completed On-site<br />

05/09/2011 Exit Conference<br />

05/09/2011 Inspection Completed-BCAL Sub. Compliance<br />

05/10/2011 Contact - Telephone call received<br />

Telephone call received from Tanja Burfiend<br />

05/23/2011 Corrective Action Plan Requested and Due on 06/07/2011<br />

ALLEGATION 1: Tanja Burfiend wrote inappropriate text messages that resulted in<br />

a Michigan State Police investigation.<br />

INVESTIGATION:<br />

On April 5, 2011 I received notification that Michigan State Police Trooper Bert<br />

Richards had investigated a situation with Tanja Burfiend on March 29, 2011. I<br />

emailed Trooper Richards and left a message for him, as he works the “night shift.”<br />

On April 12, 2011 I obtained a copy of the Trooper’s report.<br />

The report indicated that on March 29, 2011 the Michigan State Police were notified<br />

by Witness 1 that he had received “some disturbing” text messages from Ms.<br />

Burfiend that led him to be concerned about her safety. Trooper Richards and<br />

Trooper Paul Kushner met with Witness 1 and then went to Ms. Burfiend’s home.<br />

They spoke with Ms. Burfiend as she arrived home and she stated that she was fine<br />

and did not need any police assistance.<br />

I spoke by telephone with Witness 1 on April 12, 2011. Witness 1 stated he spoke<br />

by telephone with Ms. Burfiend the next day after he received the text messages and<br />

he felt that he understood what prompted her to write them. She has since sought<br />

out professional help and will follow-up with an appointment. Witness 1 stated that<br />

he is in the home regularly and has no reason to be concerned about Ms. Burfiend’s<br />

care of her children or children in care.<br />

3


On April 12, 2011, Adam Robarge, Child Care Licensing Consultant and I conducted<br />

an unscheduled inspection at Ms. Burfiend’s home. Ms. Burfiend was present with<br />

three unrelated children and a minor member of her household. We discussed with<br />

her the evening of March 29, 2011 and the text messages she sent to Witness 1.<br />

Ms. Burfiend explained that she needs to “work through some issues” and she has<br />

already sought out professional assistance.<br />

I discussed with Ms. Burfiend Administrative Rule R 400.1903(1)(i) and the<br />

requirement that she provide a written statement to the Department from a mental<br />

health professional verifying her fitness to care for unrelated children in her home.<br />

She agreed to do so and I received a statement on April 26, 2011 from Ursula<br />

Johnson, LMSW with Northern Lakes Community Mental Health. Ms. Johnson<br />

stated that she “had no concerns about Ms. Burfiend’s ability to manage a day care<br />

operation and act protectively in the children’s best interest.”<br />

On April 18, 2011 I also received a completed “Medical Clearance Request” form<br />

from Ms. Burfiend’s doctor stating that, “Physical/mental condition or health problem<br />

exists that would not limit the ability to work with or around children.”<br />

Parents of four families of children in care were contacted by Licensing Consultant<br />

Adam Robarge and asked if they had any concerns about Ms. Burfiend’s ability to<br />

care for children. None of the parents expressed concern about Ms. Burfiend’s<br />

character or suitability to provide care for their children.<br />

On May 9, 2011 Adam Robarge and I conducted a second on-site inspection at the<br />

home. Ms. Burfiend stated that she is committed to following through with her<br />

sessions and will provide an additional statement to the Department when asked to<br />

do so.<br />

APPLICABLE RULE<br />

R 400.1902 Caregiver and child care home family.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(3) All persons, including minors, residing in the child care<br />

home shall be of good moral character and be suitable to assure<br />

the welfare of children.<br />

Information was not received to establish that Tanja Burfiend is<br />

unsuitable to assure the welfare of children.<br />

VIOLATION NOT ESTABLISHED<br />

4


ALLEGATION 2: Ms. Burfiend naps when children are in care.<br />

INVESTIGATION:<br />

On April 5, 2011 the Bureau also received an anonymous complaint regarding the<br />

care Ms. Burfiend was providing to children. During subsequent telephone interviews<br />

with parents of children in care, additional concerns were raised.<br />

One of the concerns raised by Parent 4was that her children have told her that Ms.<br />

Burfiend has taken naps before, although minor members of the household were<br />

present.<br />

Licensing Consultant Adam Robarge and I discussed this allegation with Ms.<br />

Burfiend on May 9, 2011. Ms. Burfiend denied that she actually sleeps when<br />

children are in care. She stated, “I might close my eyes and relax, but I’m not<br />

sleeping.”<br />

Mr. Robarge interviewed by telephone four parents of children in care. Three of the<br />

parents stated that they did not have any concerns about Ms. Burfiend napping or<br />

sleeping while their children are in care. Additional information was not received<br />

from the complainant on this allegation.<br />

APPLICABLE RULE<br />

R 400.1911 Supervision.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(3) Caregiving staff shall be up and awake at all times when<br />

children are in care except as provided in R 400.1922(2) of<br />

these rules.<br />

Information was not received to establish that Ms. Burfiend<br />

sleeps while children are in care.<br />

VIOLATION NOT ESTABLISHED<br />

ALLEGATION 3: Tanja Burfiend does not provide adequate meals for children in<br />

care. The children eat cereal for dinner and dinner is not always served in a timely<br />

manner.<br />

INVESTIGATION:<br />

On April 5, 2011 the anonymous complainant stated that although Ms. Burfiend is<br />

open to provide child care 24 hours a day, “she feeds day care children cereal for<br />

dinner 75% of the time.” The complainant also stated that at times Ms. Burfiend<br />

feeds her own children different food than the day care children who are given<br />

cereal. Another time she fed some day care children Burger King and other day<br />

care children she picked up were fed fruit snacks and crackers.<br />

5


Parent 3 and Parent 4 both expressed concern about some of the food their children<br />

are served. Parent 4 stated that Tanja may feed her own children differently and<br />

then feed child care children peanut butter and jelly sandwiches. She also will often<br />

serve hot dogs and mac and cheese. Parent 4 stated that her children sometimes<br />

come home hungry and they tell her they only had “string cheese” for dinner.<br />

Adam Robarge and I asked Ms. Burfiend about these allegations. She stated that<br />

she oftentimes will just give the children a bowl of cereal or a piece of string cheese<br />

when they are just arriving or waking up from a nap and she is “running out the<br />

door”. She added that she will then give them a dinner that meets the food program<br />

requirements when they get back to her house. For example, she will give them a<br />

peanut butter and jelly sandwich with some fruit and/or vegetables. She serves<br />

them milk at every meal also. I asked her how often this occurs and she replied<br />

“about two times a month.”<br />

Ms. Burfiend participates in the USDA Child Care Food Program through the Child<br />

Care Connections sponsor. On April 22, 2011 I spoke with Pamela Ward, Director<br />

of Child Care Connections. Ms. Ward contacted Ms. Burfiend’s worker who makes<br />

three unscheduled stops a year to observe her food service practices. Ms. Ward<br />

stated that they have made unscheduled visits at various times during the week,<br />

including on weekends, and have not observed any problems in the food she is<br />

serving children.<br />

APPLICABLE RULE<br />

R 400.1931 Food preparation and service.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(1) Each child shall be provided with nutritional and sufficient<br />

food as required by the minimum meal requirements of the child<br />

care food program, as administered by the Michigan department<br />

of education, based on the national research council's<br />

recommended dietary allowances for appropriate age groups,<br />

unless parents provide the food.<br />

Information was not obtained to establish that Tanja Burfiend is<br />

not providing children with nutritional and sufficient food.<br />

VIOLATION NOT ESTABLISHED<br />

ADDITIONAL FINDINGS:<br />

INVESTIGATION:<br />

In a telephone interview on April 20, 2011, Parent 4 stated that recently she became<br />

concerned when she observed Ms. Burfiend driving children in her vehicle with “two<br />

sets of children double-buckled”. I asked Ms. Burfiend about her driving practices<br />

and how often and when she takes child care children in her vehicle. She stated<br />

that she occasionally takes children in her vehicle when she needs to take her sons<br />

6


to soccer practice or sometimes she will take children to their parent’s place of work.<br />

When asked specifically about “double buckling”, she stated, “I can’t say I haven’t<br />

done that.” She added, “It doesn’t happen often.”<br />

APPLICABLE RULE<br />

R 400.1951 Transportation.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(5) The transportation of all children shall be conducted in<br />

accordance with existing state law.<br />

Tanja Burfiend has transported children in her vehicle in<br />

violation of Michigan State law which prohibits placing more<br />

than one individual in a seat belt.<br />

VIOLATION ESTABLISHED<br />

INVESTIGATION:<br />

I asked Ms. Burfiend to review the written permission statements she obtained from<br />

parents regarding taking their children in her vehicle. She replied that she “was<br />

getting written permission from parents, but has stopped”. She provided me with<br />

signed permission statements, the last one was dated September 17, 2010. I asked<br />

her where her permission statements were for the trips she has made since then<br />

and she replied, “I guess I stopped after September 17 th .”<br />

APPLICABLE RULE<br />

R 400.1952 Parent permission and notification required; child<br />

information cards when off-premises.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(2) The caregiver shall obtain and keep on file written<br />

permission from a child's parent before each time a child is<br />

transported in a vehicle.<br />

Tanja Burfiend is not obtaining written permission from<br />

children’s parents before each time she transports them in her<br />

vehicle.<br />

VIOLATION ESTABLISHED<br />

REPEAT VIOLATION: Cited in a Licensing Study <strong>Report</strong> dated<br />

August 3, 2010. Corrective Action Plan dated August 3, 2010<br />

states, “I will get permission for daily (or whenever) trips prior to<br />

transporting children.”<br />

7


IV.<br />

RECOMMENDATION<br />

Upon receipt of an acceptable written corrective action plan, I recommend no<br />

change in the license status.<br />

May 24, 2011<br />

________________________________________<br />

Dorene Radke-Boyd<br />

Date<br />

Licensing Consultant<br />

Approved By:<br />

________________________________________<br />

Jackie Horton<br />

May 24, 2011<br />

Area Manager<br />

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