State of Michigan DEPARTMENT OF HUMAN SERVICES December 10, 2012

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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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