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On June 2, 2026, the Office of Childhood (OOC) received an allegation that on December 17, 2025, January 2, 2026, and February 11, 2026, Delightful Days TLC 2 exceeded the number of children on its license. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.222(10), which states: "All records shall be available in the facility for inspection by the department upon request."
AND
5 CSR 25-500.102(2)(A)2., which states: "Center directors and group child care home providers routinely shall be on duty during the hours of highest attendance a minimum of forty (40) hours per week. If the facility operates less than forty (40) hours per week, the center director or group child care home provider shall be on duty at least fifty percent (50%) of the operating hours."
AND
5 CSR 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 CSR 25-500.222(6), which states: "Daily staff and volunteer attendance records shall be maintained and kept on file a minimum of one (1) year."
AND
5 CSR 25-500.042(18), which states: "The number and ages of children a group child care home or child care center is authorized to have in care at any one (1) time shall be specified on the license and shall not be exceeded except as permitted within these rules."
On June 2, 2026, CI O'Malley observed an email from program coordinator Laci Schulte, which contained an Excel spreadsheet that shows the facility claimed subsidy payments for sixty-three children on December 17, 2025. The spreadsheet also shows that the facility claimed subsidy payments for fifty-five children on January 2, 2026. The spreadsheet also shows that the facility claimed subsidy payments for forty-seven children on February 11, 2026. CI O'Malley observed a copy of the facility's license, which shows that the facility has a maximum capacity of thirty-nine children.
On June 9, 2026, CI O'Malley conducted an unannounced inspection of the facility and observed twenty-two children in care. CI O'Malley conducted an interview with director Judy Hall, who stated that she was undergoing treatment for cancer and had missed multiple workdays at the facility as a result. Judy was sure that she had not been at the facility on December 17, 2025, January 2, 2026, and February 11, 2026. Judy did not track her hours or days present at the facility because she was also the owner and paid herself a salary. Judy did not have access to either child or staff attendance records. Her staff was in charge on days that she was not present. The staff did not know that there was a cap on the number of children that could be present on any given day. If parents dropped off children that were not scheduled, and she was not present, the staff would not know to inform parents that the facility was full and could not accept any more children. Judy was sure that the facility was over capacity on December 17, 2025, January 2, 2026, and February 11, 2026.
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