The Family Garden

Regulation 6.2.5.2: Staff shall appropriately hold, touch, smile and talk to children.

“Multiple persons report observing Staff Person A yelling at a child on 02/04/2026. This is a repeat violation. This was cited during a visit on 12/16/2026. Corrective Action: As required during the visit, all instances of yelling at children are to be addressed immediately. Staff Person A is to complete the required steps identified in the corrective action plan submitted to Licensing Field Specialist Crawford on 02/18/2026. The requirements include: coaching sessions with Children's Intergrative Services (CIS) provider, attend bi-weekly supervision session with CIS coach and program director, and identify professional development trainings on interactions with and speaking to children to be completed between February 2026-August. The on-going observations of Staff person A by Progam Director are to continue. Confirmation of completion of pofessional development trainings, on-going coaching, and supervision meetings was provided to Licensing Field Specialist Crawford on 05/07/2026 Status: Appeal Period.”

Regulation 6.2.5.2: Staff shall appropriately hold, touch, smile and talk to children.

“Multiple persons reported different instances of observing Staff Person A yelling at children, using a tone described as harsh with children, and using phrasing such a "No No No, and Stop that" repeatedly. Corrective Action: Ensure Staff Person A uses a conversational volume, appropriate tone, and addressed children with acceptable choice making options. The Program Director agreed to address this and to monitor Staff person A's interactions with children as of 12/22/2025. The guidance was confirmed to have been given to Staff person A and the on going observations occurring confirmed in a virtual meeting on 01/22/2026. Status: Appeal Period.”

Regulation 5.1.2: General Health Examinations: Within forty-five (45) days of enrollment, the licensee shall obtain documentation of the child's age appropriate well care exam from the parent. Documentation shall include information regarding any health conditions and medications that may impact the care of the child.

“In a sampling of six (6) children's files, three (3) reviewed were missing the appropriate health care exam documentation. It was confirmed that each of the children had been in care for more than three months. Corrective Action: Have the identified children's files updated and complete. Review all children's files to ensure required documentation in maintained. Develop a system to monitor and updated as needed records for completeness.”

Correction date in the state record: Feb 15, 2025

Regulation 3.7.1.2: The licensee shall ensure that all staff are trained on the Emergency Response Plan and are aware of where to find the written plan in the CBCCPP.

“Three (3) of the five (5) staff providing care reported not being familiar with the program's emergency response plan. They could not identify where it would be in the building nor could they speak to requirements of certain emergency procedures. A fourth staff person stated she had seen it in years past, but had not reviewed it since moving to a new age group/floor of the building. Corrective Action: Review the emergency procedures with all staff persons and have signed documentation for each person that they understand the requirements. Have copies of the plan readily visible within each classroom.”

Correction date in the state record: Dec 18, 2024

Regulation 7.2.1: The licensee shall ensure that any new individuals regularly present at the CBCCPP submit a Records Check Authorization form to the Division prior to working with children in the CBCCPP.

“The program has had two service providers coming to work directly with children in the program since the fall of 2021 and these individuals have not completed record check authorization forms. Corrective Action: Have the identified individuals complete the required record check authorization form. Develop a system to ensure compliance to this rule is maintained.”

Correction date in the state record: Feb 16, 2022

Regulation 3.3.5: The licensee, staff, and auxiliary staff shall be trained in prevention, identification and mandatory reporting of child abuse and neglect.

“A staff person who has been employed and counted in staff to child ratio since July 2020 has not completed the required mandatory reporter training. Corrective Action: Have this individual complete Protecting Vermont's Children from Abuse and Neglect online training which mets the requirements of this rule. Send confirmation of the completion of this training to Licensor [name]. In this email correspondence, include what steps will be put in place to ensure all future staff persons counted in staff/child ratio complete this training before being left alone with children (Rule 7.1.3).”

Correction date in the state record: Feb 16, 2022

Regulation 5.3.2: Daily Health Check Upon arrival into the CBCCPP staff shall observe each child for symptoms of communicable disease and signs of injuries. Any obvious injuries shall be documented along with any comments from the parent pertaining to the child's condition. This documentation shall be maintained in the child's file for a minimum of 365 days.

“A child in the infant classroom has a red scratch upon their face that is visible from 3 ft away and a smaller scratch near their eye that is visible from within 2 ft. Staff acknowledge seeing the two marks at arrival and did not ask the parent/guardian how the marks occurred nor did staff record the presence of the marks as of 12 p.m. It was confirmed the child arrived in the early to mid morning for care. Corrective Action: Review the daily health check requirements with all infant room staff. Send confirmation of what was reviewed and with whom to Licensor [name].”

Correction date in the state record: Feb 16, 2022

Regulation 3.4.6.1: The licensee shall maintain a record of the date of each evacuation drill as required in the rules in section 3.7.2 of these regulations that includes the number of children and staff evacuated, time taken to evacuate, and notation of the drill conducted while children were sleeping or resting. Evacuation records shall be kept for two (2) years. When the CBCCPP counts lock-down drills as allowed in the rules in section 3.7.2 of these regulations, the licensee shall maintain a record of the date of each lock-down drill, the number of CBCCPP children and staff who participated, and note that the drill performed was a lock-down drill.

“The fire drill log for calendar year 2021 show drills were not completed in the months of January, February, April, and June. It was confirmed that the program was in operation for those months. Corrective Action: For the months of February, and March 2022, conduct and document two emergency evacuation drills per month. As of April 2022, conduct and document at least one drill monthly. Identify which staff person will be responsible for setting the date and time for drills, assessing the drill for completeness, and maintaining the required documentation. Send the proposed dates of February and March drills and the identified responsible person for monitoring drills to Licenser Crawford by the noted corrective due date.”

Correction date in the state record: Feb 16, 2022

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.

“The infant room staff confirmed during this visit that a child in care has routinely scratched themselves and left marks upon the child's face. When asked if accident reports were completed for scratches that left a mark staff persons could not confirm such documentation was completed. No accident reports were in the child's file kept in the office nor were any completed accident reports in the child's classroom. Corrective Action: Review the requirements of this rule with all staff persons. Send confirmation of when this was done, what was covered, and what staff were present to Licensor [name].”

Correction date in the state record: Feb 16, 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.

“There is chipping and peeling paint on the rails and outer window sills on the two side porches of the building. There is visible paint chips upon the floor boards of the upper porch. It was confirmed that the the window in the infant room that overlooks the lower porch has an air conditioner installed in the window during warmer months. Staff confirmed other windows on the side of the infant room nearest the porch are opened in warmer months. The windows overlooking the upstairs porch are reportedly opened in the preschool room during warmer weather. It was confirmed that the EMP was submitted in March 2019 and deteorating paint on the porch was identified at that time. Corrective Action: Ensure windows on the side of the building facing the porch are not opened until the porches are maintained in compliance with Lead Law requirements. Contact Alex Grise, Program Specialist at the Vermont Department of Health for guidance on next steps. She may be reached at (802) 951-5146 or at alex.grise@vermont.gov. By 01/31/2020, send confirmation of the requirements put forth by the Vermont Department of Health and the program's planned steps to comply.”

Correction date in the state record: Jan 29, 2020

Regulation 3.7.1.1: The licensee shall develop and maintain a written Emergency Response Plan to respond to a full range of emergencies both natural and man-made. A complete plan shall include how the licensee will address and manage the following situations and responsibilities: * Evacuations or other emergencies such as leaving the premise and lockdown situations; * Specific concerns related to the location of the program, such as proximity to a nuclear reactor, an area prone to flooding or power loss; * Notifying the local authorities of the emergency; * A system for notifying the parents of the emergency; * Notifying the local emergency planning committee regarding the location of the CBCCPP and using the committee as a resource in emergency planning for the program; * A system of identifying the children and staff present at the time of the emergency and maintaining knowledge of their whereabouts; * A system for handling infants, toddlers and children with special needs; * An established evacuation meeting location within walking distance of the CBCCPP; * A system to account for all children and staff at the evacuation meeting place; * A process for relocation if necessary including safe transportation; * A system for shelter in place if the staff and children present need to remain in the CBCCPP for an extended period; and * Staff chain of command and individual staff roles and responsibilities, (if applicable) during emergencies.

“In the Emergency Response Plan, eight (8) of the required twelve (12) items are either missing or incomplete. The missing or incomplete items are: a system for notifying parents of an emergency, notifying the local emergency planning committee regarding the location of the CBCPP and & using the committee as a resource in emergency planning for the program, a system to identify the children and staff present at the time of the emergency and maintaining knowledge of their whereabouts, a system for handling infants, toddlers, and children with special needs, a system to account for all children and staff at the evacuation meeting place, a process for relocation if neccessary, including safe transportation, a system for shelter in place if the staff and children present need to remain in the CBCPP for an extended period of time, staff chain of command and individual staff roles and responsiblities during emergencies, Corrective Action: Update the Emergency Response Plan to contain all required items. Review the revised plan with all staff persons and have documentation on site that all persons have been trained upon the plan. Send confirmation of the revised plan and completed training by the noted due date.”

Correction date in the state record: Feb 12, 2020

Regulation 5.11.6.5: Bottles shall be individually labeled with the infant's name and refrigerated immediately after preparation by staff or upon arrival if prepared by a parent.

“Two unlabeled bottles were visible upon a shelf in the classroom. In the refridgerator was another unlabeled bottle. When a staff person was asked whose bottle was in the refridgerator it was identified as a child different than the child's name upon the shelf label. This bottle was moved from the shelf to a bin in the refridgerator with a label matching the name of the child to whom the bottle reportedly belonged. Corrective Action: Effective immediately, all children's bottles are to be labeled. Establish a system to ensure children's bottles are labeled and include in this system when and how staff persons will check and label the bottles.”

Correction date in the state record: Jan 29, 2020

Regulation 2.3.9.3: The licensee shall ensure that all staff have met ongoing background check requirements by submitting at least once every five (5) years a Records Check Authorization form to the Division and as required shall submit to fingerprinting.

“The program was issued a fingerprint authorization letter for Staff person A on 03/12/2018. This letter identified the requirement to have Staff person A submit to fingerprint processing in a timely fashion. As of the date of this visit, 01/09/2020, this person has not completed the required fingerprinting authorization process. Corrective Action: By 01/17/2020, contact Childcare Business Technician, [name], at tiffany.le@vermont.gov to identify the needed steps to have Staff person A complete the required fingerprinting process. By 02/01/2020, send to Licenser [name] a description of the procedure put into place that will ensure staff persons remain current on required background authorization requirements.”

Correction date in the state record: Feb 11, 2020

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.

“The staff schedules do not record who works in place of regularly scheduled staff persons. On 11/15, 11/22, and 11/25 Staff person A was not working. The staff schedule for that week did not identify who worked in place of Staff person A. Staff person B was on vacation 11/7, 11/8, 11/11-11/15 and the schedule for the week does not identify who worked in place of Staff person B. Corrective Action: Create a system that documents which staff worked with which group of children for hours of care. Maintain these records as required.”

Correction date in the state record: Jan 29, 2020

Regulation 3.4.7.3: Within six (6) months of the initial date of employment, staff working with children and the program director shall maintain an up- to-date BFIS Quality and Credential Account. Documentation, verification of qualifications and all annual professional development activities as specified in the rules in sections 7.3 and 7.4 of these regulations shall be submitted to NLCDC to be verified and maintained in BFIS.

“Four (4) persons listed on the associated parties and confirmed to be current substitutes for the program do not have documentation confirming completion of a high school diploma or GED in his/her Quality and Credential account. Each person has been listed as a substitute for the program for eleven (11) months or longer. An assistant teacher confirmed to be employed more than two years does not have confirmation of completion of a high school diploma or GED in his/her Quality and Credential acount. Corrective Action: Review all staff person's BFIS quality and credential accounts to identify any missing qualification documentation. Create a plan with identified steps to be taken and timeframes for completion to have all staff persons (including substitutes) accounts up to date. Send a description of the plan, actions to be taken, and timeframes for completion.”

Correction date in the state record: Feb 20, 2020

Regulation 7.1.2: First Aid and CPR Staff who are counted in the staff/child ratios shall obtain training in pediatric first aid and infant and child CPR within six (6) months of beginning work in the CBCCPP and remain currently certified.

“Staff person A's CPR certification expired October 2019 and his/her First Aid certification expired in November 2019. This Staff person is counted in staff to child ratio during this visit and was confirmed to have been employed during the months of October, November, and December. Corrective Action: Have Staff person A enroll in CPR & First Aid certification training. Send confirmation of the training dates and once completed ensure the certification documentation is submitted to Northern Lights to be included in Staff person A's Quality and Credential Account.”

Correction date in the state record: Feb 11, 2020