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Special Investigation Report # 2013D0929010

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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 />

August 5, 2013<br />

Melissa Sharp<br />

Assumption Greek Orthodox<br />

21800 Marter Road<br />

St Clair Shores, MI 48080<br />

RE: Lic./Reg. #:<br />

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

DC500017290<br />

<strong>2013D0929010</strong><br />

Assumption Nursery School<br />

Dear Ms. Sharp:<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 />

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 (248) 975-5053.<br />

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

www.michigan.gov • (517) 335-6124


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

your licensing notebook.<br />

Sincerely,<br />

LaTonya Kegler, Licensing Consultant<br />

Bureau of Children and Adult Licensing<br />

4th Floor, Suite 4B<br />

51111 Woodward Avenue<br />

Pontiac, MI 48342<br />

(586) 256-1280<br />

Enclosure<br />

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

www.michigan.gov • (517) 335-6124


MICHIGAN DEPARTMENT OF HUMAN SERVICES<br />

BUREAU OF CHILDREN AND ADULT LICENSING<br />

SPECIAL INVESTIGATION REPORT<br />

I. IDENTIFYING INFORMATION<br />

License #:<br />

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

DC500017290<br />

<strong>2013D0929010</strong><br />

Complaint Receipt Date: 05/13/2013<br />

<strong>Investigation</strong> Initiation Date: 05/13/2013<br />

<strong>Report</strong> Due Date: 07/12/2013<br />

Licensee Name:<br />

Licensee Address:<br />

Assumption Greek Orthodox<br />

21800 Marter Road<br />

St Clair Shores, MI 48080<br />

Licensee Telephone #: (586) 772-4477<br />

Administrator:<br />

Licensee Designee:<br />

Name of Facility:<br />

Facility Address:<br />

Melissa Sharp, Designee<br />

Melissa Sharp, Designee<br />

Assumption Nursery School<br />

22150 Marter Road<br />

Saint Clair Shores, MI 48080<br />

Facility Telephone #: (586) 772-4477<br />

Original Issuance Date:<br />

License Status:<br />

N/A<br />

REGULAR<br />

Effective Date: 01/30/2013<br />

Expiration Date: 01/29/2015<br />

Capacity: 240<br />

Program Type:<br />

CHILD CARE CENTER<br />

1


II.<br />

ALLEGATION(S)<br />

• Child A (male, age 4) has been repeatedly hurt while in care at the center. A few<br />

months ago Child A received a cut to his arm alleged to be from a sharp object<br />

in the classroom.<br />

• On 5/2/2013 Child A had a bucket of sand dumped on his head by another child.<br />

• On 5/3/2013 Child A was observed with a red mark in between his eyes alleged<br />

from him falling.<br />

• On 5/6/2013 Child A was observed with a knot on his head, scratches on his<br />

nose and his top lip alleged from him pushing a toy and the toy stopped, which<br />

caused him to fall and hit the concrete.<br />

III.<br />

METHODOLOGY<br />

05/13/2013 <strong>Special</strong> <strong>Investigation</strong> Intake<br />

<strong>2013D0929010</strong><br />

05/13/2013 <strong>Special</strong> <strong>Investigation</strong> Initiated - Telephone<br />

Interview w/ Child A's mother<br />

05/13/2013 Contact - Telephone call made<br />

Call to A. Lawrence, DHS supv.<br />

05/14/2013 Inspection Completed On-site<br />

Interview w/ director Michelle Sharp and caregivers<br />

(12:00 p.m. - 2:45 p.m.)<br />

05/14/2013 Contact Document received - pictures of Child A’s injuries<br />

05/22/2013 Contact Telephone call made- vmessage left for Child A’s mother<br />

06/03/2013 Contact Telephone call received-vmessage from Child A’s mother<br />

06/05/2013 Contact Telephone call made- interview with Child A’s mother<br />

07/23/2013 Contact Telephone call made-message for Ms. Sharp<br />

07/24/2013 Exit Conference w/ Ms. Sharp via telephone<br />

2


ALLEGATION: Child A (male, age 4) has been repeatedly hurt while in care at<br />

the center. A few months ago Child A received a cut to his arm alleged to be<br />

from a sharp object in the classroom.<br />

INVESTIGATION:<br />

On May 13, 2013, I interviewed Child A’s mother regarding this incident. She stated<br />

that sometime in March of 2013 when she arrived at the center to pick up Child A at<br />

3:30 p.m., she observed a linear cut near Child A’s wrist area which vertically<br />

extended halfway up his arm. She was given an incident report which stated that at<br />

10:15 a.m. Child A scraped his right arm on a sharp edge of a plastic container of<br />

blocks. Child A’s mother was upset that the center did not call her to report the<br />

injury to her child. When she questioned the caregiver about the injury and<br />

requested to see what he cut his wrist on, she was told that they had already thrown<br />

it out. Child A’s mother stated that his arm was not bleeding when she arrived, and<br />

she did not seek any medical treatment for his arm, but the cut left a permanent<br />

mark on his arm.<br />

Child A’s mother stated that she did not question Child A about the injury and stated<br />

that he has a speech delay and probably wouldn’t have been able to make a<br />

complete sentence to explain what happened to him.<br />

On May 14, 2013, I interviewed Melissa Sharp, program director, regarding the<br />

allegation. Ms. Sharp stated that she was aware of the injury, but Child A’s<br />

caregiver was Mary Tomlinson who could provide more detailed information<br />

pertaining to the injury.<br />

Ms. Sharp provided the accident report which indicated that the injury occurred on<br />

February 19, 2013 at 10:15 a.m. The report stated Child A scraped his right arm on<br />

a sharp edge of a plastic container holding building blocks. The scratch was<br />

approximately 6 inches long, and the container was immediately discarded. There is<br />

a section on the form entitled, “Parent Notification”, which was left blank. Ms. Sharp<br />

confirmed that the parent was not verbally notified for this incident and stated that<br />

the center has a policy to only notify parents by phone when there is an injury to the<br />

face or head. If the injury is not severe parents are notified at pick-up time. Child A’s<br />

mother usually arrives at 3:00 p.m.<br />

Ms. Sharp denied any issues or concerns with the level of supervision that is<br />

provided by Ms. Tomlinson. She denied that the center has ever had any staffing<br />

issues that would interfere with supervision of children. Ms. Sharp stated that there<br />

is always an extra caregiver in each room.<br />

3


On May 14, 2013, I interviewed caregiver Ms. Tomlinson regarding the injury. Ms.<br />

Tomlinson was unable to recall the number of children in the room during the injury<br />

in February but stated that there is always an assistant caregiver in the room with<br />

her at all times. Attendance records for February were not immediately available<br />

during my onsite inspection. During my onsite inspection there were six preschoolage<br />

children with two caregivers.<br />

Ms. Tomlinson acknowledged that she was Child A’s caregiver when he was injured.<br />

Child A was playing with a bucket of blocks during free play time. The bucket had a<br />

crack in the container which had a sharp edge that Child A scraped his arm on. She<br />

was walking around the room and was interacting with the children when the injury<br />

occurred. She described the injury as a long vertical scrape that crossed his inner<br />

wrist area and extended up most of his forearm area. Ms. Tomlinson cleaned up the<br />

scrape and applied a cool cloth. She denied that the scrape ever bled. Ms.<br />

Tomlinson stated that they were not aware that the container was cracked, but they<br />

immediately discarded it after Child A’s injury.<br />

Ms. Tomlinson confirmed that Child A’s mother was not verbally contacted after this<br />

injury. I asked Ms. Tomlinson what the center’s policy is for reporting injuries to<br />

parents. She stated that a written report must be completed and it is her<br />

understanding that the center’s policy is to notify parents by phone only when an<br />

injury occurs involving the face/head.<br />

I provided technical assistance to Ms. Sharp regarding notification of injuries to<br />

parents, and I explained that the center complied with the licensing rules. However,<br />

it would have been a better business practice to verbally notify the parent of this<br />

injury due to him receiving a long scrape which extended from his wrist through most<br />

of his forearm area, which the parent viewed as a serious injury. I provided<br />

consultation suggesting that they consider revising their verbal notification criteria for<br />

injuries to children.<br />

APPLICABLE RULE<br />

R 400.5105 Supervision and ratio requirements.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(1) The center shall provide appropriate care and supervision of<br />

children at all times.<br />

The center provided appropriate care and supervision of Child A<br />

when he scraped his arm on the container.<br />

VIOLATION NOT ESTABLISHED<br />

4


Allegation: On 5/2/2013 Child A had a bucket of sand dumped on his head by<br />

by another child.<br />

INVESTIGATION:<br />

Child A’s mother stated that she received a phone call from Ms. Tomlinson who<br />

reported that a new student dumped sand on Child A’s head, and she tried to wash it<br />

out of his hair. Child A’s mother stated that the incident occurred sometime in the<br />

afternoon. Child A’s mother was concerned with the supervision of Child A and<br />

didn’t know why she didn’t receive an incident report regarding this situation. Child<br />

A was only able to tell her that he got sand in his hair.<br />

I interviewed Ms. Tomlinson regarding this incident and confirmed that the incident<br />

occurred in the afternoon. She stated that the room was in compliance with adult to<br />

child ratios. Attendance records confirm that there were 8 preschool-age children<br />

present during the time of the incident.<br />

The children were engaged in free choice activity time. Ms. Tomlinson was standing<br />

near the sand table and was observing Child A and Child B (male, age 3) who were<br />

both playing at the sand table. I observed the sand pail that was involved during the<br />

incident. The pail was small, approximately pint- sized. Child A was bent over, and<br />

Child B threw the pail which had sand inside. The sand got on the clothes and head<br />

of Child A. Ms. Tomlinson stated that Child B was a new student to the program and<br />

didn’t know the rules regarding appropriate behavior at the sand table. Child B was<br />

redirected to another area while Ms. Tomlinson took Child A to the restroom to<br />

wipe/wash the sand out of Child A’s hair with water. Child A appeared fine, and<br />

didn’t appear to have any issues with breathing or injuries of any kind, which was the<br />

reason an accident report was not completed. Ms. Tomlinson stated that although a<br />

written report was not completed, she called Child A’s mother to verbally report the<br />

incident and to let her know that she would need to shampoo Child A’s hair. Ms.<br />

Tomlinson stated that her shift ends prior to Child A’s pick-up time and wanted to<br />

ensure Child A’s mother was made aware of the incident.<br />

APPLICABLE RULE<br />

R 400.5105 Supervision and ratio requirements.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(1) The center shall provide appropriate care and supervision of<br />

children at all times.<br />

The center provided appropriate care and supervision of Child A<br />

when he got sand in his hair.<br />

VIOLATION NOT ESTABLISHED<br />

5


Allegation: On 5/3/2013 Child A was observed with a red mark in between his<br />

eyes alleged from him falling.<br />

INVESTIGATION:<br />

Child A’s mother stated that on May 3, 2013, at pick-up time she was given an<br />

incident report which stated that Child A fell outside at 1:50pm. Child A’s mother<br />

observed her child to have a bump on his head and scrapes in between his eyes<br />

near his nose. She usually arrives between 2:30 p.m. - 3:00 p.m. and is unsure if this<br />

is the reason they did not notify her by phone.<br />

I interviewed Ms. Sharp regarding this injury. She was aware of the injury and<br />

stated that Ms. Tomlinson was Child A’s caregiver during the injury. Ms. Sharp was<br />

unable to locate the accident report for Child A during my onsite inspection and<br />

indicated that the report was located at another office. Ms. Sharp confirmed that<br />

Child A’s mother was not verbally notified during this injury to Child A’s face. Ms.<br />

Sharp deemed that Child A’s injury was not serious, and according to the center’s<br />

policy verbal and written notification is only completed for head injuries and severe<br />

face injuries. Otherwise, parents are informed at pick-up time.<br />

Child A’s mother provided a copy of the accident report. I reviewed the accident<br />

report for this injury which stated that on May 3, 2013 at 1:50 p.m., Child A was<br />

hopping from log to log when he lost his balance and fell, bumping the bridge of his<br />

nose on the edge of the log. There was a red mark on his nose between his eyes<br />

with some swelling to the nose despite icing the area. The parent notification<br />

section was left blank on the accident report. The incident report does not indicate<br />

any bump on Child A’s head which is inconsistent with information provided by Child<br />

A’s mother.<br />

I interviewed Ms. Tomlinson regarding the injury. She estimated that there were<br />

seven to eight children total on the playground. Attendance records confirm that<br />

there were eight children with Ms. Tomlinson and assistant caregiver Kristy<br />

Poznanski. The eight children were separated into two groups. Ms. Tomlinson’s<br />

group was playing in the natural playground area consisting of tree stumps of<br />

various sizes. The children were going from stump to stump in a circle. Ms.<br />

Tomlinson had her back turned to Child A as she was assisting another child with<br />

the stump activity. She didn’t actually witness the fall but heard him crying and<br />

assumed he lost his balance going from stump to stump. She assisted in helping<br />

Child A stand up and began caring for him. She observed a mark located on the<br />

bridge of his nose between his eyes. She applied ice to the area to reduce the<br />

swelling.<br />

I interviewed Ms. Poznanski who confirmed that she was the assistant caregiver with<br />

Mary during this incident. There were approximately eight children outside, and they<br />

6


were divided into two groups. Her group of children was by the cement area using<br />

sidewalk chalk located on the opposite side of the outdoor play area. She did not<br />

witness Child A fall, and she was unable to provide any additional information<br />

regarding the injury.<br />

I inspected the outdoor play area and observed the tree stumps which were sturdy<br />

and in a circular pattern. I did not observe any areas that appeared to be hazardous<br />

or unsafe for large muscle activities.<br />

I reviewed Child A’s physical exam which indicated that he has been diagnosed with<br />

a medical condition, but the medical condition would not restrict Child A from any<br />

activities. Ms. Tomlinson described Child A’s large muscle development as not fully<br />

coordinated and stated that at times he has erratic movements, but did not feel that<br />

this limited his abilities to run or jump…etc. Ms. Sharp stated that Child A’s delays in<br />

development were mostly due to his speech and not his large muscle abilities. She<br />

described his motor development as more reserved in that he was not as active as<br />

some of the other boys.<br />

I interviewed Child A’s mother who denied that Child A has any coordination delays.<br />

She stated that he runs fast and is not limited in any way physically by his medical<br />

condition. She denied that the log activity would be something that he was unable to<br />

do developmentally.<br />

APPLICABLE RULE<br />

R 400.5105 Supervision and ratio requirements.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(1) The center shall provide appropriate care and supervision of<br />

children at all times.<br />

The center provided appropriate supervision of Child A when he<br />

fell during the tree stump activity.<br />

VIOLATION NOT ESTABLISHED<br />

7


Allegation: On 5/6/2013 Child A was observed with a knot on his head,<br />

scratches on his nose and his top lip alleged from him pushing a toy and the<br />

toy stopped, which caused him to fall and hit the concrete.<br />

INVESTIGATION:<br />

Child A’s mother stated that she received a telephone call from Ms. Tomlinson who<br />

reported that Child A fell while pushing a toy. He fell and hit his face on the cement.<br />

When Child A was picked up from the center he had scratches from the middle to<br />

the left side of his face, scratches on his nose and surrounding the nose area, and a<br />

bump on his forehead. She also noticed woodchips on his clothes. Child A’s mother<br />

took him to an urgent care in Grosse Pointe Woods for treatment the same day.<br />

They checked his vision which was fine. She was told to monitor him for 24 hours<br />

and was told what signs to look for if a concussion has occurred. Child A’s mother<br />

stated she met with Ms. Sharp the next day and the director appeared nonchalant<br />

after she reported that she took Child A to urgent care. Child A’s mother stated<br />

that she liked Ms. Tomlinson as her child’s caregiver and didn’t think that Ms.<br />

Tomlinson was intentionally allowing things to happen to her child, but felt she could<br />

no longer trust them to care for her child.<br />

I interviewed Ms. Sharp regarding the injury. She stated that he was outside playing<br />

with a bull dozer truck. The scoop at the end of the truck got caught on the cement<br />

and the momentum pitched him forward. His face slid on the ground. She stated<br />

that Child A didn’t appear upset. She observed that his forehead, nose and upper lip<br />

were all scraped. She also observed a goose egg bump on his head. Ms. Sharp<br />

was not able to locate the accident report for this injury during the onsite inspection.<br />

Ms. Sharp confirmed that she met with Child A’s mother the following day, and she<br />

withdrew him from the program. She was informed at the meeting that Child A was<br />

taken to his pediatrician. I asked Ms. Sharp if she reported the injury to her<br />

consultant Jennifer DeMunyck. She stated that she didn’t report the injury to the<br />

consultant, “they only applied antibiotic ointment. I didn’t think this was something<br />

that needed to be reported”. Ms. Sharp was informed that any medical treatment<br />

that a child receives as a result of an injury that occurs while in care is considered a<br />

serious accident.<br />

I interviewed Ms. Tomlinson who confirmed that this accident occurred on the<br />

outdoor playground area. She was on the playground with her assistant Ms.<br />

Poznanski and estimated that they had approximately seven to eight preschool-age<br />

children at the time of the incident. She was re-entering the outdoor play area after<br />

taking a child indoors to the restroom. As she stepped out of the door she witnessed<br />

Child A scooting/pushing a toy tow truck on the cement trike area. The tow truck<br />

had a scooper attached to the front of it that got caught on a crack in the sidewalk.<br />

She witnessed Child A fall over the top of the truck but was unable to get to him<br />

before his face hit the ground.<br />

8


Ms. Tomlinson stated that Child A had a huge abrasion on his forehead, nose, and<br />

above his lip. She observed a “goose-egg” sized bump on his forehead. Child A<br />

had very little bleeding according to Ms. Tomlinson. She put ice on his head and<br />

called his mother approximately 10 to 15 minutes after the injury when she finished<br />

caring for Child A. Ms. Tomlinson stated that she felt horrible that this injury<br />

happened, but she understood the mother’s decision to withdraw him from the<br />

center.<br />

I interviewed Ms. Poznanski, who was the other caregiver on the playground when<br />

the incident occurred. There were approximately eight to nine children on the<br />

playground at the time of the injury. She confirmed that Ms. Tomlinson went inside<br />

the building to get Kleenex for a child and was re-entering the outdoor play area<br />

when the injury occurred. Ms. Poznanski stated there were a few boys including<br />

Child A playing with the trucks in the wood chips. Child A left the wood chip area<br />

and began pushing his truck on the cement area. As he was pushing the truck the<br />

scoop of the truck got caught in the cement crack and he fell forward scraping his<br />

face.<br />

On May 14, 2013 Child A’s mother emailed pictures of Child A’s injuries, which were<br />

consistent with his face being scraped. I observed a long and deep horizontal<br />

scrape, which removed skin on his forehead that extended from the middle of his<br />

forehead to the end of his left eyebrow. There was also a deep scrape that<br />

extended vertically from the bridge of the nose and extended just above the lip area.<br />

APPLICABLE RULE<br />

R 400.5105 Supervision and ratio requirements.<br />

ANALYSIS:<br />

CONCLUSION:<br />

(1) The center shall provide appropriate care and supervision of<br />

children at all times.<br />

The center provided appropriate care and supervision of Child A<br />

when a toy he was pushing got caught on a crack in the cement,<br />

and he fell onto the cement.<br />

VIOLATION NOT ESTABLISHED<br />

9


APPLICABLE RULE<br />

R 400.5111a(1)<br />

Accident, injury, illness, death reporting.<br />

(1) The center shall make a verbal report to the department<br />

within 24 hours of a serious injury, or accident, or a serious<br />

illness or medical condition occurring while a child is in care that<br />

results in emergency medical treatment at a health facility or<br />

hospitalization, or death.<br />

ANALYSIS:<br />

CONCLUSION:<br />

The center did not make a verbal report to the department<br />

within 24 hours to report a serious injury to Child A’s face which<br />

required medical treatment.<br />

VIOLATION ESTABLISHED<br />

R 400.5111a(2)<br />

ANALYSIS:<br />

CONCLUSION:<br />

Accident, injury, illness, death reporting.<br />

(2) The center shall submit a written report in a format provided<br />

by the department within 72 hours of a serious injury or<br />

accident, or a serious or medical condition which results in<br />

emergency medical treatment at a health facility or<br />

hospitalization, or death. A copy of the report shall be kept on<br />

file at the center.<br />

The center did not submit a written report to the department<br />

within 72 hours of Child A having a serious injury while in care<br />

that required treatment at a health facility.<br />

VIOLATION ESTABLISHED<br />

10


IV.<br />

RECOMMENDATION<br />

Upon receipt of an acceptable corrective action plan, I recommend continuation of<br />

the current status of the license of this child care center.<br />

LaTonya Kegler<br />

Licensing Consultant<br />

08/05/2013<br />

Date<br />

Approved By:<br />

08/06/2013<br />

________________________________________<br />

Jacquelin Sharkey<br />

Date<br />

Area Manager<br />

11

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