Special Investigation Report # 2011D0732010
Special Investigation Report # 2011D0732010
Special Investigation Report # 2011D0732010
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
RICK SNYDER<br />
GOVERNOR<br />
State of Michigan<br />
DEPARTMENT OF HUMAN SERVICES<br />
BUREAU OF CHILDREN AND ADULT LICENSING<br />
MAURA D. CORRIGAN<br />
DIRECTOR<br />
May 24, 2011<br />
Tanja Burfiend<br />
9010 Carns Rd.<br />
Williamsburg, MI 49690<br />
RE: Registration #:<br />
<strong>Investigation</strong> #:<br />
DF280267506<br />
<strong>2011D0732010</strong><br />
Burfiend, Tanja<br />
Dear Ms. Burfiend:<br />
Attached is the <strong>Special</strong> <strong>Investigation</strong> <strong>Report</strong> for the above referenced facility. Due to<br />
the violations identified in the report, a written corrective action plan is required. The<br />
corrective action plan is due 15 days from the date of this letter and must include the<br />
following:<br />
• How compliance with each rule will be achieved.<br />
• Who is directly responsible for implementing the corrective action for each<br />
violation.<br />
• Specific time frames for each violation as to when the correction will be<br />
completed or implemented.<br />
• How continuing compliance will be maintained once compliance is<br />
achieved.<br />
• The signature of the responsible party and a date.<br />
If you desire technical assistance in addressing these issues, please feel free to contact<br />
me. In any event, the corrective action plan is due within 15 days. Failure to submit an<br />
acceptable corrective action plan will result in disciplinary action.<br />
P.O. BOX 30650 • LANSING, MICHIGAN 48909-8150<br />
www.michigan.gov • (517) 335-6124
Please review the enclosed documentation for accuracy and feel free to contact me with<br />
any questions. In the event that I am not available and you need to speak to someone<br />
immediately, please feel free to contact the local office at (231) 922-5309.<br />
Per MCL 722.113g, this report and any related corrective action plans must be filed in<br />
your Licensing Notebook.<br />
Sincerely,<br />
Dorene Radke-Boyd, Licensing Consultant<br />
Bureau of Children and Adult Licensing<br />
Suite 11<br />
701 S. Elmwood<br />
Traverse City, MI 49684<br />
(231) 922-5304<br />
enclosure
MICHIGAN DEPARTMENT OF HUMAN SERVICES<br />
BUREAU OF CHILDREN AND ADULT LICENSING<br />
SPECIAL INVESTIGATION REPORT<br />
I. IDENTIFYING INFORMATION<br />
Registration #:<br />
<strong>Investigation</strong> #:<br />
DF280267506<br />
<strong>2011D0732010</strong><br />
Complaint Receipt Date: 04/05/2011<br />
<strong>Investigation</strong> Initiation Date: 04/05/2011<br />
<strong>Report</strong> Due Date: 06/04/2011<br />
Registrant Name:<br />
Registrant Address:<br />
Tanja Burfiend<br />
9010 Carns Rd.<br />
Williamsburg, MI 49690<br />
Registrant Telephone #: (231) 264-5152<br />
Administrator:<br />
N/A<br />
Licensee Designee:<br />
Name of Facility:<br />
Facility Address:<br />
Burfiend, Tanja<br />
9010 Carns Rd.<br />
Williamsburg, MI 49690<br />
Facility Telephone #: (231) 264-5152<br />
Original Issuance Date: 08/02/2004<br />
Registration Status:<br />
REGISTERED<br />
Effective Date: 08/03/2010<br />
Expiration Date: 08/02/2013<br />
Capacity: 6<br />
Program Type: CHILD CARE FAMILY HOME (CAPACITY 1-6)<br />
1
II.<br />
ALLEGATION(S)<br />
• Tanja Burfiend wrote inappropriate text messages that resulted in a Michigan<br />
State Police investigation.<br />
• Ms. Burfiend naps when children are in care.<br />
• Tanja Burfiend does not provide adequate meals for children in care. The<br />
children eat cereal for dinner and dinner is not always served in a timely manner.<br />
• Children are “double buckled” into seat belts when riding in her vehicle.<br />
III.<br />
METHODOLOGY<br />
04/05/2011 <strong>Special</strong> <strong>Investigation</strong> Intake<br />
<strong>2011D0732010</strong><br />
04/05/2011 <strong>Special</strong> <strong>Investigation</strong> Initiated - Letter<br />
Email sent to Michigan State Trooper Bert Richards regarding his<br />
investigation per 3/30/11 email<br />
04/12/2011 Contact - Document Received<br />
Michigan State Police report received<br />
04/12/2011 Contact - Telephone call made<br />
Telephone interview with Witness 1<br />
04/13/2011 Inspection Completed On-site<br />
04/14/2011 Contact - Telephone call made<br />
Telephone interview with Parent 1<br />
04/14/2011 Contact - Telephone call made<br />
Telephone interview with Parent 2<br />
04/15/2011 Contact - Telephone call received<br />
Telephone call received from Tanja Burfiend<br />
04/18/2011 Contact - Telephone call made<br />
Telephone interview with Parent 3<br />
04/18/2011 Contact - Document Received<br />
Medical Clearance Request form received from Tanja Burfiend<br />
04/20/2011 Contact - Telephone call made<br />
Telephone interview with Parent 4<br />
2
04/20/2011 Contact - Telephone call made<br />
Telephone contact with Ursula Johnson, LMSW<br />
04/22/2011 Contact - Telephone call made<br />
Telephone contact with Pamela Ward, Director of Child Care<br />
Connections<br />
04/26/2011 Contact - Document Received<br />
Letter received from Ursula Johnson, LMSW<br />
05/09/2011 Inspection Completed On-site<br />
05/09/2011 Exit Conference<br />
05/09/2011 Inspection Completed-BCAL Sub. Compliance<br />
05/10/2011 Contact - Telephone call received<br />
Telephone call received from Tanja Burfiend<br />
05/23/2011 Corrective Action Plan Requested and Due on 06/07/2011<br />
ALLEGATION 1: Tanja Burfiend wrote inappropriate text messages that resulted in<br />
a Michigan State Police investigation.<br />
INVESTIGATION:<br />
On April 5, 2011 I received notification that Michigan State Police Trooper Bert<br />
Richards had investigated a situation with Tanja Burfiend on March 29, 2011. I<br />
emailed Trooper Richards and left a message for him, as he works the “night shift.”<br />
On April 12, 2011 I obtained a copy of the Trooper’s report.<br />
The report indicated that on March 29, 2011 the Michigan State Police were notified<br />
by Witness 1 that he had received “some disturbing” text messages from Ms.<br />
Burfiend that led him to be concerned about her safety. Trooper Richards and<br />
Trooper Paul Kushner met with Witness 1 and then went to Ms. Burfiend’s home.<br />
They spoke with Ms. Burfiend as she arrived home and she stated that she was fine<br />
and did not need any police assistance.<br />
I spoke by telephone with Witness 1 on April 12, 2011. Witness 1 stated he spoke<br />
by telephone with Ms. Burfiend the next day after he received the text messages and<br />
he felt that he understood what prompted her to write them. She has since sought<br />
out professional help and will follow-up with an appointment. Witness 1 stated that<br />
he is in the home regularly and has no reason to be concerned about Ms. Burfiend’s<br />
care of her children or children in care.<br />
3
On April 12, 2011, Adam Robarge, Child Care Licensing Consultant and I conducted<br />
an unscheduled inspection at Ms. Burfiend’s home. Ms. Burfiend was present with<br />
three unrelated children and a minor member of her household. We discussed with<br />
her the evening of March 29, 2011 and the text messages she sent to Witness 1.<br />
Ms. Burfiend explained that she needs to “work through some issues” and she has<br />
already sought out professional assistance.<br />
I discussed with Ms. Burfiend Administrative Rule R 400.1903(1)(i) and the<br />
requirement that she provide a written statement to the Department from a mental<br />
health professional verifying her fitness to care for unrelated children in her home.<br />
She agreed to do so and I received a statement on April 26, 2011 from Ursula<br />
Johnson, LMSW with Northern Lakes Community Mental Health. Ms. Johnson<br />
stated that she “had no concerns about Ms. Burfiend’s ability to manage a day care<br />
operation and act protectively in the children’s best interest.”<br />
On April 18, 2011 I also received a completed “Medical Clearance Request” form<br />
from Ms. Burfiend’s doctor stating that, “Physical/mental condition or health problem<br />
exists that would not limit the ability to work with or around children.”<br />
Parents of four families of children in care were contacted by Licensing Consultant<br />
Adam Robarge and asked if they had any concerns about Ms. Burfiend’s ability to<br />
care for children. None of the parents expressed concern about Ms. Burfiend’s<br />
character or suitability to provide care for their children.<br />
On May 9, 2011 Adam Robarge and I conducted a second on-site inspection at the<br />
home. Ms. Burfiend stated that she is committed to following through with her<br />
sessions and will provide an additional statement to the Department when asked to<br />
do so.<br />
APPLICABLE RULE<br />
R 400.1902 Caregiver and child care home family.<br />
ANALYSIS:<br />
CONCLUSION:<br />
(3) All persons, including minors, residing in the child care<br />
home shall be of good moral character and be suitable to assure<br />
the welfare of children.<br />
Information was not received to establish that Tanja Burfiend is<br />
unsuitable to assure the welfare of children.<br />
VIOLATION NOT ESTABLISHED<br />
4
ALLEGATION 2: Ms. Burfiend naps when children are in care.<br />
INVESTIGATION:<br />
On April 5, 2011 the Bureau also received an anonymous complaint regarding the<br />
care Ms. Burfiend was providing to children. During subsequent telephone interviews<br />
with parents of children in care, additional concerns were raised.<br />
One of the concerns raised by Parent 4was that her children have told her that Ms.<br />
Burfiend has taken naps before, although minor members of the household were<br />
present.<br />
Licensing Consultant Adam Robarge and I discussed this allegation with Ms.<br />
Burfiend on May 9, 2011. Ms. Burfiend denied that she actually sleeps when<br />
children are in care. She stated, “I might close my eyes and relax, but I’m not<br />
sleeping.”<br />
Mr. Robarge interviewed by telephone four parents of children in care. Three of the<br />
parents stated that they did not have any concerns about Ms. Burfiend napping or<br />
sleeping while their children are in care. Additional information was not received<br />
from the complainant on this allegation.<br />
APPLICABLE RULE<br />
R 400.1911 Supervision.<br />
ANALYSIS:<br />
CONCLUSION:<br />
(3) Caregiving staff shall be up and awake at all times when<br />
children are in care except as provided in R 400.1922(2) of<br />
these rules.<br />
Information was not received to establish that Ms. Burfiend<br />
sleeps while children are in care.<br />
VIOLATION NOT ESTABLISHED<br />
ALLEGATION 3: Tanja Burfiend does not provide adequate meals for children in<br />
care. The children eat cereal for dinner and dinner is not always served in a timely<br />
manner.<br />
INVESTIGATION:<br />
On April 5, 2011 the anonymous complainant stated that although Ms. Burfiend is<br />
open to provide child care 24 hours a day, “she feeds day care children cereal for<br />
dinner 75% of the time.” The complainant also stated that at times Ms. Burfiend<br />
feeds her own children different food than the day care children who are given<br />
cereal. Another time she fed some day care children Burger King and other day<br />
care children she picked up were fed fruit snacks and crackers.<br />
5
Parent 3 and Parent 4 both expressed concern about some of the food their children<br />
are served. Parent 4 stated that Tanja may feed her own children differently and<br />
then feed child care children peanut butter and jelly sandwiches. She also will often<br />
serve hot dogs and mac and cheese. Parent 4 stated that her children sometimes<br />
come home hungry and they tell her they only had “string cheese” for dinner.<br />
Adam Robarge and I asked Ms. Burfiend about these allegations. She stated that<br />
she oftentimes will just give the children a bowl of cereal or a piece of string cheese<br />
when they are just arriving or waking up from a nap and she is “running out the<br />
door”. She added that she will then give them a dinner that meets the food program<br />
requirements when they get back to her house. For example, she will give them a<br />
peanut butter and jelly sandwich with some fruit and/or vegetables. She serves<br />
them milk at every meal also. I asked her how often this occurs and she replied<br />
“about two times a month.”<br />
Ms. Burfiend participates in the USDA Child Care Food Program through the Child<br />
Care Connections sponsor. On April 22, 2011 I spoke with Pamela Ward, Director<br />
of Child Care Connections. Ms. Ward contacted Ms. Burfiend’s worker who makes<br />
three unscheduled stops a year to observe her food service practices. Ms. Ward<br />
stated that they have made unscheduled visits at various times during the week,<br />
including on weekends, and have not observed any problems in the food she is<br />
serving children.<br />
APPLICABLE RULE<br />
R 400.1931 Food preparation and service.<br />
ANALYSIS:<br />
CONCLUSION:<br />
(1) Each child shall be provided with nutritional and sufficient<br />
food as required by the minimum meal requirements of the child<br />
care food program, as administered by the Michigan department<br />
of education, based on the national research council's<br />
recommended dietary allowances for appropriate age groups,<br />
unless parents provide the food.<br />
Information was not obtained to establish that Tanja Burfiend is<br />
not providing children with nutritional and sufficient food.<br />
VIOLATION NOT ESTABLISHED<br />
ADDITIONAL FINDINGS:<br />
INVESTIGATION:<br />
In a telephone interview on April 20, 2011, Parent 4 stated that recently she became<br />
concerned when she observed Ms. Burfiend driving children in her vehicle with “two<br />
sets of children double-buckled”. I asked Ms. Burfiend about her driving practices<br />
and how often and when she takes child care children in her vehicle. She stated<br />
that she occasionally takes children in her vehicle when she needs to take her sons<br />
6
to soccer practice or sometimes she will take children to their parent’s place of work.<br />
When asked specifically about “double buckling”, she stated, “I can’t say I haven’t<br />
done that.” She added, “It doesn’t happen often.”<br />
APPLICABLE RULE<br />
R 400.1951 Transportation.<br />
ANALYSIS:<br />
CONCLUSION:<br />
(5) The transportation of all children shall be conducted in<br />
accordance with existing state law.<br />
Tanja Burfiend has transported children in her vehicle in<br />
violation of Michigan State law which prohibits placing more<br />
than one individual in a seat belt.<br />
VIOLATION ESTABLISHED<br />
INVESTIGATION:<br />
I asked Ms. Burfiend to review the written permission statements she obtained from<br />
parents regarding taking their children in her vehicle. She replied that she “was<br />
getting written permission from parents, but has stopped”. She provided me with<br />
signed permission statements, the last one was dated September 17, 2010. I asked<br />
her where her permission statements were for the trips she has made since then<br />
and she replied, “I guess I stopped after September 17 th .”<br />
APPLICABLE RULE<br />
R 400.1952 Parent permission and notification required; child<br />
information cards when off-premises.<br />
ANALYSIS:<br />
CONCLUSION:<br />
(2) The caregiver shall obtain and keep on file written<br />
permission from a child's parent before each time a child is<br />
transported in a vehicle.<br />
Tanja Burfiend is not obtaining written permission from<br />
children’s parents before each time she transports them in her<br />
vehicle.<br />
VIOLATION ESTABLISHED<br />
REPEAT VIOLATION: Cited in a Licensing Study <strong>Report</strong> dated<br />
August 3, 2010. Corrective Action Plan dated August 3, 2010<br />
states, “I will get permission for daily (or whenever) trips prior to<br />
transporting children.”<br />
7
IV.<br />
RECOMMENDATION<br />
Upon receipt of an acceptable written corrective action plan, I recommend no<br />
change in the license status.<br />
May 24, 2011<br />
________________________________________<br />
Dorene Radke-Boyd<br />
Date<br />
Licensing Consultant<br />
Approved By:<br />
________________________________________<br />
Jackie Horton<br />
May 24, 2011<br />
Area Manager<br />
8