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  • Enchanted Child Care & Preschool Order From Oregon Department of Education

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    Statesman Journal
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    The document orders Enchanted Child Care & Preschool program at 170 Chemawa Road in Keizer to cease operations as an emergency child care facility.

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    Enchanted Child Care & Preschool order from Oregon Department of Education

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    The document orders Enchanted Child Care & Preschool program at 170 Chemawa Road in Keizer to cease operations as an emergency child care facility.

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF o leggi online su Scribd
    Segnala contenuti inappropriati
    67 visualizzazioni11 pagine

    Enchanted Child Care & Preschool Order From Oregon Department of Education

    Caricato da

    Statesman Journal
    The document orders Enchanted Child Care & Preschool program at 170 Chemawa Road in Keizer to cease operations as an emergency child care facility.

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF o leggi online su Scribd
    Segnala contenuti inappropriati
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    STATE OF OREGON OREGON DEPARTMENT OF EDUCATION OFFICE OF CHILD CARE In the Matter of ‘ORDER REVOKING APPROVAL TO OPERATE EMERGENCY CHILD CARE FACILITY AND Enchanted Child Gare & Preschoo! Il Roi To REGUeeT A Haran! Revocation of Approval fo Operate an Emergency Child Care Facility cc503283 The Office of Childcare of the Early Learning Division of the Oregon Department of Education ("OCC") is responsible for regulating the provision of emergency child care during the COVID-19 state of emergency. Pursuant to Executive Order 20-19 issued by (Oregon Governor Kate Brown and the Temporary Changes to Child Care Rules in Response to COVID-19 State of Emergency Amended April 24, 2020 issued by the Early Learning Division ("ELD"), OCC revokes the approval to operate an emergency child care facility. The basis for the revocation is as follows: 41, Michelle Long ("Owner-Operator’) is the owner and operator of a child care program known as Enchanted Child Care & Preschoo! Ill (Facilty’), located at 170 Chemawa Ave, Keizer, Oregon. Owner-Operator was originally issued a Certified Child Care Center license to operate the Facility on August 15, 2016, ‘The certification expires on August 15, 2020. 2. Owner-Operator appointed Shannon Sanchez (Director) to serve as director of the Facility. On or about March 24, 2020, Director applied for approval to provide ‘emergency care at the Facility during the COVID-19 state of emergency. Director's application identified Owner-Operator as owner of the Facility. On or about March 26, 2020, OCC approved Director's application to operate an Emergency Child Care Facity on the premises of the Facility. 3, Pursuant to Governor Kate Brown's Executive Order 20-03 paragraph 4: "As necessary fo respond to the emergency, | authorize all executive agencies of state government to take, upon further direction from me or my office, any actions authorized under the provisions set forth in ORS 401.168 through 401.192." ‘4, Pursuant to Governor Kate Brown's Executive Order 20-03 paragraph 5: “State agencies shall develop and implement procedures, including waiving rules or ‘adopting temporary rules within the agency's authority, consistent with recommendations from the state Public Health Director, designed to prevent or alleviate the public health threat." 5, Pursuant to ELD's Temporary Changes to Child Care Rules in Response to COVID-19 State of Emergency Amended April 24, 2020: "On March 23, 2020, Govemor Brown issued Executive Order 20-12, That order required that all licensed child care facities close from March 25, 2020 through April 28, 2020. However, licensed facilities and other groups were allowed to seek permission from Office of Child Care (OCC) to operate as an Emergency Child Care Faeiity if they met certain requirements in addition to any currently applicable regulations, These requirements are that facilities must limit all group sizes in child care to a maximum of 10 children, and that facilities must priortize providing child care for certain categories of essential workers.” 6, Pursuant to Governor Kate Brown’s Executive Order 20-19, paragraph 4: "Any childcare facility licensed or program recorded under ORS 329.030 and ORS 329.250 to ORS 329A.450 (‘childcare facility’) not approved by the Department of Education, Early Leaming Division, Office of Child Care ("ELD to operate as fan emergency childcare facility must remain closed.” 7. Pursuant to Governor Kate Brovin's Executive Order 20-19, paragraph 2: ‘Notwithstanding paragraph 1, a childcare facility can be approved or remain approved to operate as an emergency childcare facilty if it meets and complies With all requirements for emergency childcare as provided by the ELD, including ‘conditions imposed on a childcare faclity’s approval.” 8, Pursuant to ELD's Temporary Changes to Child Care Rules in Response to ‘COVID-19 State of Emergency Amended April 24, 2020: “Any Licensed Child Care of Recorded Program that does not apply, applies and does not receive approval, or does not abide by the requirements, must close. Because social distancing during the state of emergency counse's against most in-person monitoring, OCC may deny approval to or revoke its approval for an individual or entity to provide emergency child care at any time based on a determination that the facilty has not maintained compliance with applicable requirements or that OCC is unable to ensure compliance without in-person monitoring. Further, if OCC determines there is danger to children, OCC may revoke or suspend the approval to provide emergency child care. OCC accepts complaints from parents ‘oF others who report concerns. OCC may inspect or investigate an Emergency Child Care Fazilty at any time.” 9. As alleged in paragraphs 10-27 below, OCC has determined that Owner- Operator has not maintained compliance with applicable requirements, which include rules set forth in Oregon Administrative Rules (OAR) Chapter 414, Division 300, and that children are in danger. 10, Under OAR 414-300-0295(1): “All caregivers must give children’s needs first priority, ensuring that they get adequate care and attention.” Owmer-Operator did ot abide by this requirement as follows: ‘a. Children are required to remain on their nap mats, even if they do not fall asleep, and are not allowed to go to the bathroom during nap time. Nap time lasts from approximately 12:30 pm until 2:30 or 3:00 pm. At least two Stayer wet neteohes and hed to maton hae a stone cid erperenced pein = aa pocause te cid me no alone htt Smtren fo oman on np mats and nl use te btloom for peneds oF Go rou oro and nat ntcng oat sent cha wh urine Seek cto sodde pam rng nap tment ging chie’s rear iet psiy or onurhg cron get adaqual te on aterton Multiple parents have observed their infant and todalet-age children with significant amounts of dried mucous on their faces and sometimes in their hair atthe end of the day. When an infant had a significant amount of dirt ‘on the infant's feet at the end of the day, the parent asked that the infant's feet remain covered while in care. The infant continued to have their shoes and socks removed by caregivers and to have dirty feet when retumed to the parent. Allowing a significant amount of mucous to dry on children's faces and hair and allowing children's feet to become dirty, particularly when a parent requested that the chile’s feet remain covered, isnot giving children’s needs first priorty or ensuring children get adequate care and attention, 11,Pursuant to OAR 414-300-0290(1)(4): “The center shall develop and post a written daily schedule for each group of children, according to their ages, interests and ables. The schedule shall: (4) Include one or more regularly ‘scheduled rest periods, Children who do net sleep after 20-45 minutes of quiet time must be provided with an alternative quiet activity. The activity may be in the same room where children are sleeping if it is not distracting to sleeping children,” Owner-Operator did not abide by this requirement as follows: 1. Children are required to remain on their nap mats during nap time, even if they do not fall asleep. Nap time lasts from approximately 12:30 pm until 2:30 or 3:00 pm. Requiring children who do not fall asleep after 20-45, minutes to remain on their nap mats is not providing them with an alternate quiet activity 12. Pursuant to OAR 414-300-0290(2): “The center shall follow the written daily ‘schedule, allowing flexbilly to respond to the needs of individual children and/or {groups of children." Owner-Operator did not abide by this requirement as follows: ‘a. Children are required to remain on their nap mats and may not use the ‘bathroom during nap time, which lasts from approximately 12:30 pm until 2:30 oF 3:00. Not allowing children to go to the bathroom for two or more hours is not providing regular, routine tolleting, Not allowing children to tse the bathroom during nap time is not allowing flexibilty to respond to the needs of children, 13, Pursuant to OAR 414-300-0330(5): “Guidance and discipline shall be fair, consistently applied, timely, and appropriate to the infraction and the age of the child. Positive statements or redirection of behaviors shall be used.” Owner- Operator did not abide by this requirement as follows: a, Facility child caregiver T.L. has grabbed the arms of multiple preschool and school-age children as a form of guidance and discipline. On multiple ‘occasions, T.L. grabbed children by the arms and dragged them from one location te another in the Facility as a form of guidance and discipline. On multiple occasions, T.L. “flicked” children in the mouth with her fingers as a form of guidance and discipline. These forms of guidance and discipline are not fair or appropriate, and do not utlize positive statements or redirootion, . TLL. requires children to remain on their nap mats, even if they do not fall asleep, and chidren are not allowed to go to the bathroom during nap time, Forcing rest or withholding necessary toilet use is an unfair and inappropriate form of guidance and discipline and does not utlize positive statements or redirection ©. Owner-Operator withholds children’s afternoon snack as a form of punishment if etildren do not remain on their mats and quiet during nap time. Withholding food is an unfair and inappropriate form of discipline and d00s not utilize positive statements or redirection. d. On multiple occasions, children have been isolated in a separate room as a form of punishment during nap time. While isolated, facilty staff required the child to remain on their nap mat, Confining a child in an enclosed area is an unfair and inappropriate form of guidance and discipline and does not utilze positive statements or redirection. ©. Facity cid caregiver .L. made degraing statements to chien who had toleting accidents incuding "Ugh, why are you Ike tis? "What Is wong with you” and "Are you kidding me? These statemenis occurred in font of oer chien, parents. and stat 7. ridiculed a child who had 2 toletng acter ATI uriliating chicron who have foletng accents Te an una and appropiate form of guidance and dlsdpline and does nollie postive statements or redrection, {Facility child caragiver T.L. and Owner-Operator have “screamed” at children, T.L, “makes a mean face" and Owner-Operator kneels on the floor at eye level with children and grits her teeth in children’s faces. The yelling is loud enough that, on atleast one occasion, it could be heard through a closed door. Yelling at children and using frightening facial expressions as a form of punishment is an unfair and inappropriate form of guidance and discipline, and does not utilize positive statements or redirection, 9. T.L. told at least one school-age child that she would escort them to the "the baby building” so they ‘could see what it's ike" as a form of punishment, Ridiculing children is an unfair and inappropriate form of {guidance and discipline and does not utlze positive statements or redirection. 14, Pursuant to OAR 414-300-0330(6)(a): “Prohibited punishment includes, but is not limited to: (a) Hitting, slapping, shaking, striking with hand or instrument, pinching, tying or binding or inflicting any other form of corporal punishment.” (Owner-Operator did not abide by this requirement as follows: a. Faclty child caregiver T.L, grabbed the arms of muttiple preschool and school-age children as a form of punishment. On multiple occasions, TL grabbed children by the arms and dragged them from one location to another in the Facility as a form of punishment. On multiple occasions, T.L. “fickea! children in the mouth with her fingers as a form of punishment. These are forms of corporal punishment and are prohibited. 15. Pursuant to OAR 414-300-0330(6)(b): "Prohibited punishment includes, but is not limited to: (o) Mental or emotional punishment including, but not limited to, name calling, ridicule, yelling, or threats[ |” Owner-Operator did not abide by this requirement as follows: ‘a. Faclty child caregiver T.L. and Owner-Operator have “screamed” at children. TL. "makes a mean face” and Owner-Operator kneels on the floor at eye level with children and grits her teeth in children’s faces. The yelling is loud enough that on at least one occasion, it could be heard ‘through a closed door. This conduct violates the prohibition against ‘mental or emotional punishment b. TL told atleast one school-age child that she would escort them to the “the baby building” so they “could see what it’s like" as a form of punishment. Ridiculing children violates the prohibition against mental or ‘emotional punishment. 16,Pursuant to OAR 414-300-0830(6)(d): "Prohibited punishment includes, but is not limited to: (d) Confining a child in an enclosed area (eg., a locked or closed room, closet, box) []' Owner-Operator did not abide by this requirement as follows: ‘2, Multiple children have been isolated in a separate room as a form of punishment during nap time. While isolated, facilty staff required the child {to remain on their nap mat. Confining a child in an enclosed area is, prohibited, 17 Pursuant to OAR 414-300-0330(6)(e): "Prohibited punishment includes, but is not limited to: () Forcing or withholding meals, snacks, rest, or necessary toilet Use[,]' Owner-Operator did not abide by this requirement as follows: ‘a. T.L. requires children to remain on their nap mats, even if they do not fll asleep, and chidren are not allowed to go to the bathroom during nap time, Forcing rest or withholding necessary tolet use fs prohibited punishment b. Owner-Operator withholds children's afternoon snack as a form of punishment if children do not remain on their mats and quiet during nap time, Owner-Operator instructs staff to withhold food as a form of punishment, Withholding food as a form of punishment is prohibited 18, Pursuant to OAR 414-300-0330(6)(9: "Prohibited punishment includes, but is not limited to: () Belitling a child for or forcing a child to clean up after toileting accidents,” Owner-Operator did not abide by this requirement as follows: ‘a. Facility child caregiver T.L. made degrading statements to children who had tolleting accidents including “Uah, why are you lke this?”, "What is ‘wrong with you?” and “Are you kidding me?” These statements occurred in front of other children, parents, and staf. T.L. ridiculed a child who urinated on herself due to a medical condition. Because of the ridicule, the child no longer expresses her physical needs, which puts her wellbeing at tisk. This conduct violates the prohibition against belting children who. have toileting accidents, 419. Pursuant to OAR 414-300-0070(1), “The operator shail establish a system of job descriptions, staf selection, and staff evaluation. All caregivers shall: (a) Have ‘competence, sound judgment, and self-control in working with children.” Owner- (Operator did not abide by this requirement as follows: a. Caregiver T.L, routinely uses inappropriate and prohibited forms of guidance and discipline, as detailed in paragraphs 13-18 above. T.L. does not have sound judgment or self-control in working with children, . Owner-Operator has engaged in prohibited guidance and discipline as detailed in paragraphs 13, 15, and 17 above. Owner-Operator does not have sound judgment or self-control in working with children, 20, Pursuant to OAR 414-300-0070(6): “No one shall have access to child care children or be in the center during child care hours who has demonstrated behavior that may have a detrimental effect on a child. This includes any individual in the center who has or may have unsupervised access, however brief, to child care children (Le. the owner, the operator, all child care staff, maintenance staff who work on-site during hours of operation, volunteers who may be left alone with children, etc.) This does not apply to persons authorized ‘to drop off and pick up a child care child.” Owner-Operator did not abide by this requirement as follow: 1a. Caregiver T.L. engages in inappropriate discipline, as detailed in paragraphs 13-18 above. T.L has demonstrated behavior that has a detrimental effect on children, and should not have access to child care children, b. Owner-Operator has engaged in prohibited guidance and discipline as detailed in paragraphs 13, 15, and 17 above. Owner-Operator has ‘demonstrated behavior that has a detrimental effect on children, and ‘should not have access to child care children 21.Under OAR 414-300-0130(3)(2): “Children shall at all times have the full attention ‘of the appropriate number of staf. Children shall be within sight and sound of a caregiver at all times, except as specified below. (a) School-age children shall be within sight andlor sound of staff at all times, and staff shall be near enough to children to respond when needed. Children out of direct visual contact shall be monitored regularly and frequently and must be in approved activity areas. A ‘written plan regarding the use and monitoring of these activity areas must be approved by OCC." Owner-Operator did not abide by these requirements as follows: ‘a. On muiipe occasions, children younger than schoolage have been isolated in a separate room and left unsupervised during nap time. While isolated in a separate room, the child did not have staf’ full attention and ‘was out of sight and sound. , On multiple occasions, school-age children have been enclosed in a separate room out of diract visual contact. This separate room was not an approved activity area and Owner-Operator did not have a written plan ‘approved by OCC to use this separate room as a nap area for a single child separated from the rest of the group, 22. Pursuant to OAR 414-300-0030(9): ‘Representatives of all agencies involved in certification and custodial parents shall have immediate access to al parts of the ‘center during hours of operation. OCC staff shall have the right to enter and inspect the center, including access to all staff, records of children enrolled in the ‘center, and all records and reports related to the center operation regarding ‘compliance with these rules,” Owner-Operator did not abide by this requirement as follows: a, Facility staff are told by Ovmer-Operator to instruct parents that they are not allowed to visit the facility during nap time, Parents aro told by staff that they may not pick children up during nap time. This is not giving ‘custodial parents immediate access to all parts of the facility during hours ‘of operation. 23. Pursuant to OAR 414-300-0250(5)(a); "Each child shall be provided with his/her ‘own individual use utensils for eating and drinking. These may be: (A) Single service paper and plastic which shall be used once only; or (8) Multiple use Utensils which shall be washed in the prescribed manner between each use 24. 26 26. (OAR 414-300-0260).” Owner-Operator did not abide by this requirement as follows: ‘a. Children are given one disposable cup per day and are requited to use it repeatedly throughout the day. A disposable cup is a ‘single service" item ‘and may not be used more than once, Pursuant to OAR 414-300-0190(2)(c) "Hand washing Sinks: (c) Hot and cold running water, as well as soap and paper towels dispensed in a sanitary manner, shall be provided at each hand washing sink. Other hand drying options must be approved by the environmental health specials." Owner-Operator did not abide by this requirement as follows: fa, The Owner-Operator purchases a fixed, inadequate supply of paper towels every month, The facility runs out of paper towels before the end of ‘every month, after which the hand washing sinks do not have paper towels available, b. The Owner-Operator purchases a fixed, inadequate supply of paper towels every month. The facilty runs out of paper towels before the end of every month, Ownei-Operator has not had an alternate method of drying hands approved by an environmental heatth specialist. Pursuant to OAR 414-300-0200(7\(a): "There shall be separate sinks in the kitchen designated by the environmental health specialist for hand washing, for food preparation activities, and for dishwashing activites. (a) The sink designated for hand washing shall be equipped with soap and paper towels dispensed in a sanitary manner and posted with a hand washing sign.” Owner-Operator cid not abide by these requirements as follows: ‘a, The Owner-Operator purchases a fixed, inadequate supply of paper towels every month. The faciliy runs out of paper towels before the end of every month, causing the sink in the kitchen designated for handwashing to not be equipped with paper towels, Pursuant to OAR 414-300-0030(1)(d): "The operator shall display the following near the entrance, or in some other area of the center, winere they may be clearly Viewed by parent(s) of children in care: (d) The current week's menu for all meals, and snacks, if meals are provided by the center. Any substitution shall be recorded on the menu(.]" Owner-Operator did not abide by this requirement as follows: ‘a. Owner-Operator does not purchase adequate supplies to prepare the food on the menu, “More often than not," and "several times per week,” staff

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