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On May 26, 2026, the Office of Childhood (OOC) received an allegation that: On May 22, 2026, at 10:45 a.m. there were 54 children outside with 2 adults age range 2- years-old through school-age. When the children came inside, there were 54 children with 3 adults in the lunchroom. After conducting an investigation, Compliance Inspector (CI) Michelle Honea has found this allegation to be substantiated based on the following evidence:
5 CRS 25-500.222(5): which states, "Daily child attendance records shall be maintained and kept on file a minimum of one (1) year."
AND
5 CRS 25-500.112(1)(A): which states, "The staff/child ratio and group size shall be followed as outlined in the below chart unless it meets an exception in subparagraphs (1)(B)-(G) below: Infants, toddlers, and 2-year-olds shall have one caregiver for every four children with no more than eight children per group; Groups composed solely of children 24 to 36 months shall have one caregiver for every eight children with no more than 16 children per group; Groups composed solely of children 3 to 4 years shall have one caregiver for every 10 children with no more than 20 children per group; Groups composed solely of children 5 years or older shall have one caregiver for every 16 children with no more than 32 children per group; A mixed group of children consisting of no more than four children age 2 years, and at least one child older than 3 years shall have one caregiver for every 10 children with no more than 20 children per group; A mixed group of children consisting of more than four children ages 24 to 36 months, and at least one child older than 36 months shall have one caregiver for every eight children with no more than 16 children per group."
On June 3, 2026, Compliance Inspector (CI) Michelle Honea conducted a phone interview with Whitney Durbin who stated that she was there the Friday before Memorial Day weekend. All the children in the main building were outside about to line up. She didn't do a full count but thinks there were fifty-four children outside with two teachers. She did not have any other concerns.
On June 3, 2026, Compliance Inspector (CI) Michelle Honea conducted an unannounced inspection and interviewed director Jennifer "Jen" Miller and Eric Dryden.
Director Jen Miller denied the allegation. She stated that the therapist was mad over not going into one of the buildings. She had requested all non-staff members or parents of that specific building not to enter the building. This made the therapist mad. They have never had fifty-four children on premises. May 22, 2026, was a holiday weekend, there were five teachers, and they had a water day. She did not realize the sign in sheet was not filled out on May 22, 2026. She does not have a reason that it was not filled out except they were extremely busy that day. They were out of ratio today, June 03, 2026 because one teacher called in and one teacher had a doctor appointment.
CI Honea interviewed teacher Eric Dryden who stated that it was a holiday weekend, and they were not out of ratio on May 22, 2026. They have never had fifty-four children on premises. Jen made the therapist mad because the therapist was not allowed in one of the buildings.
On June 3, 2026, CI Honea observed director Jen Miller and teacher Eric Dryden with thirty-eight children during naptime ages 2-years-old to 9-years-old with four children being 2-years-old. CI Honea observed a third teacher come in after ratio was completed but the facility was still not maintaining correct staff/child ratios or group size by having only 3 teachers and having all of the children combined in one room. CI Honea observed that the facility also did not have attendance for May 22, 2026 but had other days of documented attendance. Therefore CI Honea was not able to determine if they were out of ratio on May 22, 2026.
On June 10, 2026, CI Honea conducted an interview with director Jen Miller who stated that she reached out to the parent of the child that the therapist comes to see. Jen explained that she told the parent about the situation. Jen and the parent called the therapist's supervisor about the situation. Jen stated the supervisor spoke with the therapist who admitted she lied about the number of children at the daycare on May 22, 2026.
On June 10, 2026, CI Honea conducted a re-inspection and observed director Jen Miller with 16 children ages 5-years-old to 10-years-old, Eric Dryden with eight children ages 2-years-old to 4-years-old with two children being age 2-years-old, and Raylee Marshall with eight children ages 3-years-old to 5-years-old
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