Incident investigation·July 20, 2023

On July 20, 2023, at 09:45 a.m., Licensing Program Analyst (LPA) Kendal Zirbes conducted an unannounced Case Management Incident inspection and met with Licensee, Lisa Burtner. LPA disclosed the purpose of the inspection and was granted entry into the facility by a facility representative. 31 preschool age children, three teachers, two teachers aides, and administrative staff were present in the facility during the inspection. The purpose of the case management was to follow up on a self-reported unusual incident report (UIR) submitted to the Department on June 21, 2023. The unusual incident report was regarding a potential personal rights incident involving child 1 (C1), child 2 (C2) and staff 1 (S1). During this inspection, interviews were conducted with staff and children. In addition, LPA reviewed staff and child files. Furthermore, LPA completed a safety inspection of the Center with the Licensee at approximately 10:00a.m. During the tour LPA observed one box of Legos, a dramatic play kitchen area with zero additional materials and books accessible to the 11 children in the Zebra classroom. LPA observed six books on the book shelf in the circle time area. LPA observed one of the six books had a ripped cover and another book had loose pages. Interviews reported that additional toys were available however were in the storage shed and toys usually in the classroom were being cleaned and sanitized. LPA advised the Licensee that Center shall provide a variety of age-appropriate equipment, toys and materials in good condition and in sufficient quantity to allow children present to fully participate in planned activities per regulation 101239 (m)(1) Fixtures, Furniture, Equipment and Supplies. LPA issued a advisory notice. Based on the information obtained during interviews and the documentation reviewed, conflicting information was received regarding the incident. Therefore, the Department determined S1 may or may not have violated the personal rights of C1 and C2. The case management is unsubstantiated at this time. Although the personal rights violation may have happened or is valid, there is not a preponderance of the evidence to prove a violation occurred. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with Licensee Lisa Burtner.