Butterfly Kisses Child Care Center III

Regulation 5.10.1.5.5: The licensee shall ensure that all heating and cooling equipment is safely shielded to prevent injury to children and approved for use by the Vermont Division of Fire Safety.

“Heating baseboard covers in the toddler room (back room) and preschool room (front room) were lose or disconnected exposing the heating elements and sharp edges in six (6) locations posing a hazard to children. Corrective Action: Immediately prevent children from accessing the heating baseboard. By 2/1/23, prevent children from accessing the heating element and sharp edges by either creating a barrier, repairing or replacing the heating covers.”

Correction date in the state record: Jan 23, 2023

Regulation 5.10.4.5.3: The licensee shall ensure that the CBCCPP is kept free from rodent and insect infestation.

“Three (3) pieces of rodent feces were observed on a shelf in the kitchen, two (2) on the open shelf and (1) inside a bowl located on the same shelf. This is evidence that rodents remain at the program, in the kitchen. Corrective Action: Effective immediately, it is required to create and implement a cleaning and scan of the kitchen to ensure surfaces are frequently cleaned and reviewed. It is required to develop and implement a plan to eliminate the rodents present at the program.”

Correction date in the state record: Sep 15, 2022

Regulation 7.3.2.2: Teacher Associate A teacher associate is at least twenty (20) years of age, is a high school graduate or has completed a GED, and meets one (1) of the following qualifications: * At least a Vermont Early Childhood Career Ladder Level Three (3) Certificate; or * At least an associate degree from an accredited college with a major or concentration in Early Childhood, Child or Human Development, Elementary Education, or Child and Family Services and at least twelve (12) months experience working with groups of children from grade three (3) or younger; or * At least a Certificate of Completion from the Registered Child Care Apprenticeship Program; or * At least a Child Care Certificate from the Community College of Vermont and at least twelve (12) months experience working with groups of children from grade three (3) or younger; or * At least successful completion of twenty-one (21) college credits with an early childhood or school age focus and at least twelve (12) months experience working with groups of children from grade three (3) or younger.

“A staff member listed as a teacher associate on the associated parties list and fulfilling the duties of a teacher associate as a lead teacher for a group of children did not meet qualifications for the position held. Corrective Action: It is required to create a plan for compliance for the lead teacher position for that classroom. A detailed plan that describes how compliance will be met going forward shall be sent to this licensor.”

Correction date in the state record: Jul 27, 2022

Regulation 5.10.4.5.1: The program director shall ensure that the CBCCPP, its furnishings, and toys are kept in a clean and orderly condition.

“It was observed that there was visible loose dirt and grime accumulated on the diapering mats in the preschool, walker, and toddler group classrooms. A pile of dirty towels and/or clothes was on the floor in the hallway between the preschool and infant rooms. Dirty towels were also observed in the corner of the toddler room near the fireplace. Empty beverage containers, doughnut boxes, and loose clothing items and boxes and totes of clothing were located around the preschool classrooms. Corrective Action: It is required to clean up the diapering stations, and remove the dirty towels and clothing seen on the floor. It is also required to clean and organize the preschool classrooms to ensure materials are organized for children, any trash is thrown away, and additional items such as boxes of clothing, are removed from the classrooms.”

Correction date in the state record: Jul 27, 2022

Regulation 5.10.4.5.3: The licensee shall ensure that the CBCCPP is kept free from rodent and insect infestation.

“Rodent feces, of varying sizes, was present on one shelf storing electric griddles, on another shelf storing bowls and plates, and some rodent feces was observed inside one of the bowls on the shelf. A total of 21 droppings were counted in the two areas. Corrective Action: Effective immediately, it is required to clean and remove any rodent feces that is present. It is required to clean and sanitize any kitchen tools, or items used for eating that are stored in the open. It is required to develop a plan to deal with the rodent issue and store any kitchen materials to prevent contact with rodents in the future.”

Correction date in the state record: Jul 27, 2022

Regulation 6.1.5.2.1: Children two (2) years of age to school-age experience shall experience frequent positive interactions with a consistent staff member or team that provides each child with the following opportunities throughout the day: Face to face interaction; A combination of individual, small group, and large group experiences; Conversation with adults and peers during play, eating, and routine care; Being read to and looking at books, individually and in a group; Space and equipment to support developing gross motor skills such as catching and throwing, balancing, jumping, climbing, running, and skipping; Space and materials to support developing small motor skills such as using manipulatives, scribbling, drawing, and writing; Materials, experiences and support for developmentally appropriate pre-literacy and literacy skills; Materials, experiences, and support for developmentally appropriate mathematical and scientific concepts; Open-ended play and activities; Positive recognition of efforts, not just results; Developmentally appropriate problem solving; Materials, time, and encouragement to engage in extended and complex play alone and with peers; Experiences that promote social competence and cooperative play; Encouragement to explore, experiment and initiate activities; Developmentally appropriate independence; and Time, space, and encouragement to gain mastery through play and learning by doing.

“The preschool classroom had sparce materials, which were scattered about the classroom. Staff did not have engaging activities prepared for children, who were not able to settle and engage, which resulted in multiple escalated behaviors throughout the classroom at a given time. No visual schedule or routine was evident. Staff were observed going from issue to issue in the classroom and thus positive interactions, being read to, the space and materials to support various developmental domains, were not ocurring in the classroom. This is a repeat violation, cited on 11/29/2021. Corrective Action: It is required to develop a program improvement plan which describes how the classroom environment in the preschool room will be improved, and curriculum and lesson plans developed. Additional strategies to assist children in the classroom such as visual reminders and visual schedules shall also be implemented and detailed in the improvement plan.”

Correction date in the state record: Jul 27, 2022

Regulation 3.4.4.1: The program director shall maintain a complete and up-to-date enrollment file on-site for each child enrolled in the CBCCPP. A complete file shall contain, at minimum, the following information: A completed child's admission form signed and dated by the parent that includes the first date the child attended the CBCCPP and the days and hours the child is regularly scheduled to attend the CBCCPP; The child's name, current home address, and current home telephone number; Identification of child's home language; The child's date of birth; Name, address, and all applicable current telephone numbers for parents; Name, address, and all applicable current telephone numbers for at least two (2) other people designated by the parents as emergency contacts; Names for all persons authorized to pick the child up from the CBCCPP; Record of an annual physical and health history as required in the rule 5.1.2 of these regulations that includes the name and telephone number of the child's primary health care and dental care providers (if the child has a dental care provider); A description of any special medical, developmental, emotional, or educational needs of the child including allergies, existing illnesses or injuries, previous serious illnesses or injuries and any prescribed medication including those for emergency situations; Written authorization from the parent for the CBCCPP to be able to obtain emergency medical care and transportation; Child's immunization record or Vermont Department of Health approved exemption document as required in the rules in section 5.1.3 of these regulations; Written permission from parents for the CBCCPP to transport the child, if transportation is provided, as required in the rule 5.10.6.6.1 of the regulations; Written permission from parents for the child to participate in swimming activities, if swimming activities are a part of the program, as required in the rule 5.10.5.1 of these regulations; If applicable, a copy of court orders on custody and visitation arrangements as required in the rule 3.6.4 of these regulations; and If applicable, any obvious injuries discovered and documented on daily health check as required in the rule 5.3.2 of these regulations.

“After a review of a sample of files, it was determined that five (5) children enrolled for more than forty-five (45) days were missing the required general health exam information and three (3) were missing immunization information. Corrective Action: It is required to review all child files for missing general health exams and immunization documentation. It is required to create a plan and obtain any missing information for child files. A tracking system shall be developed to ensure all required documentation for children's files is received.”

Correction date in the state record: Jul 27, 2022

Regulation 5.2.3.4: The licensee shall ensure that there is a sturdy diaper changing area with a clean, washable and non-absorbent surface. The diaper changing area shall not be located in the kitchen or any area where food is stored, prepared or served.

“The diaper changing pad in the preschool bathroom had multiple tears, exposing the inner foam of the changing pad. This is a violation because with the tear, it is no longer a nonporous surface that can be cleaned. Corrective Action: It is requried to replace the diaper changing mat with the tears and inspect all other diaper changing surfaces at the program to determine if additional mats should be replaced as well.”

Correction date in the state record: Jul 27, 2022

Regulation 6.1.2.4: Staff shall be interacting with children during outside play.

“Three (3) staff were observed to be congregated together on the side of the building while their group of toddlers and mobile infants were playing outside. Children were using slides, riding toys, were in the sandbox, and playing about the outdoor play area with no staff interaction. Corrective Action: Effective immediately, ensure staff are situated throughout the outdoor play area and are directly interacting with children during outdoor play. It is required to develop and implement a plan for the toddler/mobile infant group that outlines expectations for outdoor play including supervision and engagement while outside. It is required that the Director develop and implement a supervision plan to ensure staff are directly engaging with children during outdoor play and following the established plan.”

Correction date in the state record: Jun 15, 2022

Regulation 6.2.5.7: Children shall be attended to when they cry.

“It was observed through a window inside the program that a toddler/mobile infant child was sitting on a riding toy, holding their arm and audibly crying for over minute. Staff assigned to the child did not respond to the child or approach the child to check in on them. Corrective Action: Effective immediately, ensure staff are responding to children in a timely manner. It is required that the Director develop and implement a supervision plan to ensure staff are directly engaging with children and responding to them in a timely manner.”

Correction date in the state record: Jun 15, 2022

Regulation 5.10.1.8: Childhood Lead Poisoning Prevention The licensee shall comply with the requirements of 18 V.S.A. Chapter 38 Vermont Lead Law and shall ensure that Essential Maintenance Practices (EMP) is performed. This includes but is not limited to protecting children from peeling or chipping paint, and dust build up from the friction of moving doors or windows.

“The program failed to comply with the April 1, 2022 deadline for the Essential Maintenance Practices filing. When the program did file a report, it did not accurately reflect the condition of the building. It was determined the progam had additional work to complete on the exterior and interior of the building to come into compliance, which were discrepancies on the report that the program filed. As a result, the program received a Notice of Violation from the Vermont Department of Health outlining the work to complete with deadlines assigned. The exterior of the building in the toddler outdoor play area had paint chips in the vegetation at the base of the building. Both preschool rooms had worn flooring, repair of toddler room interior door, and repairs to the exterior of the building where paint is chipped, worn or peeling. This is a repeat violation, cited previously on 10/07/2021. Corrective Action: It is required to come into compliance with the Vermont Lead Law and complete any corrective action assigned from the Vermont Department of Health. It is required to develop a plan, with deadlines and strategies to complete the required corrective action from the Vermont Department of Health and a description of strategies put in place to protect children from lead exposure while the required work is being done.”

Correction date in the state record: Aug 19, 2022

Regulation 6.2.6.5: Children shall be protected from the harmful acts of other children.

“Video footage shows Child A threw a wooden puzzle board at Child B, causing injury to their head that required medical attention. This occurred because staff did not intervene with escalating behaviors leading up to the incident. Staff are aware that Child A needs additional assistance communicating with peers and engaging in play, and did not provide this support to Child A. This is a repeat violation, previously cited on 04/21/2022. Corrective Action: It is required for the preschool staff to create and implement a behavior plan for their classroom that includes strategies, goals, and interventions that will be used to assist with supervision, classroom management, and positive methods of guidance. The Director shall review this plan and monitor the implementation during weekly required support and supervision. The behavior plan in addition to the weekly updates shall be sent to this licensor starting on 6/10/22.”

Correction date in the state record: Sep 1, 2022

Regulation 6.2.7.3: Staff shall use positive methods of guidance and behavior management that encourage self-control, self-direction, self-esteem, and cooperation.

“Video footage was observed and it was found that the preschool group had one teacher doing an art project at the table, and another staff supervising children. Child A was observed to be running about the classroom, pushing a child down, and attempting to hit other children with a toy tractor. Child A was placed in time out by Staff B. Child A then left the area where they were instructed to take a break and threw a puzzle board, harimng another child. After throwing the puzzle board, Child A was restrained by staff B for a period of around three (3) minutes and again for approximately one (1) minute. Staff did not intervene with positive methods of guidance, which resulted in the escalating behaviors. This is a repeat violation, previously cited on 11//29/2021. Corrective Action: Effective immediately, any form of restraint shall not be used. It is required for the Director to identify and ensure staff complete a training on methods of positive guidance appropriate to the age and developmental level of children that they work with. It is required for the Director to develop and implement a plan for support and superivison of staff, that includes weekly supervision with the preschool team and updates regarding lesson plans. These weekly updates shall be sent to this licensor starting 6/10/2022.”

Correction date in the state record: Sep 1, 2022

Regulation 6.2.6.5: Children shall be protected from the harmful acts of other children.

“During outdoor play on 4/18/2022, Child A was injured when Child B grabbed them by the feet and pulled their feet out from under them, off of a piece of outdoor play equipment. Child A had an swollen area of their head and it was tender to the touch. Leading up to the altercation, staff were aware that Child A was attempting to engage with Child B, who asked Child A to stop. Staff did not intervene or assist Child A to find a positive way to engage with Child B or engage in another activity, resulting in the altercation and injury. Corrective Action: It is required to develop a plan that details how additional oversight and structure during outdoor play will be implemented. Also included in this plan will be identified strategies to identify and assist children when they need additional help to engage in an activity or with their peers.”

Correction date in the state record: Sep 1, 2022

Regulation 5.1.4: The licensee shall submit a Vermont Child Care Immunization Report at least once every 365 days to the Vermont Department of Health, Immunization Office as required by 18 V.S.A. SS 1120 - 1129.

“Between 11/16/2021 and 12/17/2021, CDD sent two (2) separate emails to all programs, one (1) reminder letter using US Postal Service, one (1) reminder letter sent through the program's BFIS account, and a final email reminder. This communication provided the link to be used and CDD contact information for questions or challenges with submitting the report. The program confirmed that the report had not been submitted and stated that they lost track of time and realized it the day after the report was required to be entered. Corrective Action: It is required to reflect on the reasons why the report was not submitted by the due date and to create a system to ensure the report will be submitted on time for 2022. It is required to send a description of the developed system to this licensor for review and approval.”

Correction date in the state record: Feb 11, 2022

Regulation 3.4.7.5: The licensee shall maintain a current list of the licensee or designee, staff, auxiliary staff, and volunteers as in the rules in section 7.7.5 of these regulations, as applicable in BFIS. Any changes shall be reported through BFIS within five (5) working days of the change.

“The associated parties list was reviewed and the program identified 7 (seven) individuals that had not been active at the program for a time span of a few weeks to six months. This is a violation because the associated parties list is required to be updated within five (5) business days. Corrective Action: It is required to implement a system to keep the associated parties list up to date. This detailed plan will include how it will be monitored and reviewed, in addition to staff roles and responsibilities related to managing the associated parties list. A description of this system shall be sent to this licensor for review.”

Correction date in the state record: Feb 11, 2022

Regulation 3.2.1: Serious injury or death of a child: The licensee shall make a timely report to the Division of any injury or accident involving an enrolled child resulting in in-patient or out-patient medical or dental treatment or death. In the event of a death, a verbal report shall be made immediately followed by a written report within twenty-four (24) hours. In the event of an injury or accident resulting in in-patient or out-patient medical treatment, a verbal report shall be made within forty-eight (48) hours and the written report shall be made within five (5) business days.

“Child A was injured at the program on 12/17/2021, requiring follow up dental care. The program failed to notify the Child Development Division. No verbal report was made and no incident report was filed, as required. Corrective Action: It is required to review any written procedures related to accident or injuries at the program. It is required to review these, and edit them, to ensure that roles and responsibilities are identified, and notifications to the Division are included when required. The written procedure shall be sent to this licensor for review and approval.”

Correction date in the state record: Feb 11, 2022

Regulation 6.2.6.1: Staff shall be able to hear all children of pre-kindergarten age and younger at all times, shall be able to see the children with a quick glance, and shall be able to physically respond immediately.

“Child A threw an object at another child resulting in an altercation between the children. Child A bumped their face on the pavement, chipping their tooth and requiring medical care. Staff did not intervene to address the initial behavior or the altercation between the children. Corrective Action: It is required to reevaluate the supervision plans during outdoor play, and where staff are situated. It is required to develop a written plan that describes what supervision during outdoor play will look like, strategies used, and physical locations of staff. The plan shall also address specific details to consider when different age groups of children are combined. This detailed plan shall be sent to this licensor for review.”

Correction date in the state record: Feb 11, 2022

Regulation 6.1.5.2.1: Children two (2) years of age to school-age experience shall experience frequent positive interactions with a consistent staff member or team that provides each child with the following opportunities throughout the day: Face to face interaction; A combination of individual, small group, and large group experiences; Conversation with adults and peers during play, eating, and routine care; Being read to and looking at books, individually and in a group; Space and equipment to support developing gross motor skills such as catching and throwing, balancing, jumping, climbing, running, and skipping; Space and materials to support developing small motor skills such as using manipulatives, scribbling, drawing, and writing; Materials, experiences and support for developmentally appropriate pre-literacy and literacy skills; Materials, experiences, and support for developmentally appropriate mathematical and scientific concepts; Open-ended play and activities; Positive recognition of efforts, not just results; Developmentally appropriate problem solving; Materials, time, and encouragement to engage in extended and complex play alone and with peers; Experiences that promote social competence and cooperative play; Encouragement to explore, experiment and initiate activities; Developmentally appropriate independence; and Time, space, and encouragement to gain mastery through play and learning by doing.

“It was observed that staff in the preschool group were occupied with escalating attention seeking behaviors and were heard telling children: No thank you, I don't like that, no, you know better, stop it, as children were running in circle, jumping on mats, and throwing things around the classroom. Quiet children are being lost in the chaos of the classroom. Children were told to find something to do. There was no conversation with adults and peers during play and lunch. There were no books, paper, writing materials to engage children. Staff did not provide opportunities for cooperative play, small group activities that would promote problem solving, help develop pre-literacy, literacy, mathematical and science skills, and help children gain mastery. Corrective Action: By 12/30/21 submit a program improvement plan to kimberlie.buxton@vermont.gov describing how the program will ensure staff provide frequent positive interaction to children. The plan shall include trainings with all staff about positive interactions and experiences with staff, providing ongoing observations of each staff member's work with children, and ongoing mentor time to support current and future staff in positive interaction with children.”

Correction date in the state record: Jan 14, 2022

Regulation 5.4.3.2: Children shall not be required to sleep. Children who do not nap shall be provided space and equipment for quiet play.

“It was observed that all children in the preschool classroom were told to lay on their mat during rest time. Staff X stated that all children are to lay on their mat for 30 minutes before quiet activities or alternate activities are provided to children who do not sleep. Corrective Action: By 12/30/21 submit a program improvement plan to kimberlie.buxton@vermont.gov describing how you will ensure that children who do not nap shall be provided space and equipment for quiet play.”

Correction date in the state record: Feb 11, 2022

Regulation 6.2.7.3: Staff shall use positive methods of guidance and behavior management that encourage self-control, self-direction, self-esteem, and cooperation.

“Staff from the preschool classroom were not using modeling language to help children manage their behavior. Staff were using phrases such as no thank you, stop it, I know you can stop that, I don't like it instead of using methods of behavior management that encourages self-control, self-direction, self-esteem, and cooperation. Corrective Action: By 12/30/21 submit a program improvement plan to kimberlie.buxton@vermont.gov that states how the program will ensure staff's children behavior expectations and responses are developmentally appropriate to each child's level of understanding and meets the individual needs of each child. The plan shall include trainings with all staff about positive guidance of children, providing ongoing observations of each staff member's work with children to ensure positive guidance, and ongoing mentor time to support current and future staff in positive guidance of children.”

Correction date in the state record: Feb 11, 2022

Regulation 6.1.3.1: Staff shall develop, document, and implement a consistent daily routine that includes a balance of: Opportunities for individual, small group and full group play and learning; Opportunities for child-directed as well as provider-directed activities; Active and quiet play; Rest or quiet time as appropriate; and Indoor and outdoor play.

“Staff were not following their posted schedule. Some staff stated being unaware of the schedule and routine in the classroom. There were no staff directed activities, quiet play, small group play and learning. Children were running around the classroom, dumping manipulatives on the floor, and throwing things. Corrective Action: By 12/30/21 submit a program improvement plan to kimberlie.buxton@vermont.gov describing how you will ensure that staff shall develop, document, and implement a consistent daily routine. The plan should include training for all staff about developing and implementing consistent daily routine.”

Correction date in the state record: Feb 11, 2022

Regulation 3.4.6.5: Staffing Schedule: A licensee shall maintain a written record of the daily schedule for at least 365 days of all staff including exact days and hours worked and the group of children to whom they are assigned.

“It was discussed that the program has not kept a written staff schedule since the month of July 2021. This is a violation because a written staff schedule that reflects the hours of staff at the program and the group(s) of children they interact with, is required and must be kept for 365 days. Corrective Action: Effective immediately, begin keeping a written staff schedule. Develop a plan on how the staff schedule will be developed each week, and kept up to date to reflect actual hours worked by each staff and the groups of children they worked with. It is required to send the plan to this licensor for review.”

Correction date in the state record: Nov 9, 2021

Regulation 5.10.1.8: Childhood Lead Poisoning Prevention The licensee shall comply with the requirements of 18 V.S.A. Chapter 38 Vermont Lead Law and shall ensure that Essential Maintenance Practices (EMP) is performed. This includes but is not limited to protecting children from peeling or chipping paint, and dust build up from the friction of moving doors or windows.

“The child care program was due to file an Essential Maintenance Practices compliance statement on 05/14/2021, and was not filed. The program was issued a Notice of Non-Compliance by the Vermont Department of Health, with action required by 9/01/2021. The program did not reach out to the Vermont Department of Health following receipt of the notice. The program filed an Essential Maintenance Practices statement on 10/07/2021, but it was identified that the program is required to fix portions of the building with chipping paint and missing shingles.This is a violation because the EMP Statement was not completed by the program as required, in a timely manner. Corrective Action: It is required to develop a plan for compliance with Vermont Department of Health Lead and Asbestos State Health Officer, Christopher Kinnick. It is required to send the plan for compliance, developed with the Vermont Department of Health Lead and Asbestos Program, which includes a plan for fixing any identified areas of the building that need work, to this licensor for review.”

Correction date in the state record: Nov 11, 2021

Regulation 6.2.6.1: Staff shall be able to hear all children of pre-kindergarten age and younger at all times, shall be able to see the children with a quick glance, and shall be able to physically respond immediately.

“Staff X stated that there has been 1-2 occasions where they have exited the toddler classroom, with the door open, to open the front door for a parent. Staff X stated that it took about two (2) minutes, and that it would have occurred at the end of the day when the staff would have had 1-4 children in the classroom without another staff member. Corrective Action: Effective immediately, it is required to develop another plan for opening the door for parents so that classrooms are not left unattended. It is required to send the plan to this licensor for review.”

Correction date in the state record: Nov 9, 2021

Regulation 5.8.3: Staff shall create and file an incident report for each accident, injury or medical emergency that leaves a visible mark, or first aid has been administered, even when medical treatment is not required. An incident report shall include the name of the child, date, description of the injury or medical emergency, how it occurred, adult witnesses, first aid provided, and medical care required. The child's parent shall be provided a copy of the report at pick up that day. Serious injuries, animal bites and death must be reported to the Division as specified in the rules in section 3.2 of these regulations.

“It was determined that the program does not provide copies of accident or injury report to all families when an accident or injury occurrs. This is a violation because it is a requirement for the program to provide the family with a copy of the report. Corrective Action: Effective immediately, begin providing copies of accident or injury reports to all families. It is required to create an updated program procedure for the accident and injury report process, that will be reviewed with staff. The procedure shall be sent to this licensor for review.”

Correction date in the state record: Nov 9, 2021

Regulation 3.8: The licensee, staff, auxiliary staff and partner staff shall not disclose or permit the use of any information regarding an individual child or family gained through CBCCPP interaction with the child and family, or CBCCPP records, files, videotaping, tape recording, photographing, assessments or any type of documentation unless parental permission is specifically granted, except to the Division or other entities with statutory authority for issues relating to the health, safety, and protection of children.

“It was confirmed through staff statements and documentation that the program shared confidential information about a child with an individual that was not a parent or guardian over social media. This is a violation because there was no permission to share this information and this individual was not considered a parent or guardian. Corrective Action: By 12/17/2020, it is required to create a plan on how the program will review the confidentiality policy with staff, and will identify a training on confidentiality that staff will complete. This plan shall be completed by 12/17/2020 and will be sent to Licensor [name] Buxton for review.”

Correction date in the state record: Dec 11, 2020