A Brighter Day Lrng Ctr

Regulation: 3270.102(c)

Description: Outdoor equip.- protective surfacing

Noncompliance Area: The mulch in the outdoor play space did not measure a depth of nine inches at the bottom of the blue/gray slide and under the climbing wall and ladder, which are embedded.

Correction Required: Outdoor equipment that requires embedded mounting must be mounted over a loose-fill or unitary playground protective surface covering that meets the recommendations of the United States Consumer Product Safety Commission. The equipment must be anchored firmly and be in good repair.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The most recent child service reports in the files for Child #2 and 5 exceeded six months in between reports. The initial child service report in the file for Child #6 was conducted more than six months after the child's first day in care. The files for Child #1, 3, 4 and 7 did not include a child service report conducted within the past six months.

Correction Required: The services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in § 3270.124(f) (relating to emergency contact information).

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The most recent emergency contact forms used by the facility did not include a field for the enrolling parent's work address.

Correction Required: Emergency contact information must include the home and work addresses and telephone numbers of the enrolling parent.

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact form in the file for Child #5 did not include the release persons' addresses.

Correction Required: Emergency contact information must include the name, address and telephone number of the individual designated by the parent to whom the child may be released.

Regulation: 3270.131(b)(1)/3270.182(1)

Description: Infant: updated health report every 6 months/Initial and subsequent health reports

Noncompliance Area: The most recent health reports in the file for Child #1, a young toddler, exceeded six months between reports.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.131(b)(2)/3270.182(1)

Description: Toddler/preschool: updated health report every 12 months/Initial and subsequent health reports

Noncompliance Area: The files for Child #3 and 5, older toddlers, did not include an updated health report conducted within the past 12 months.

Correction Required: The operator shall require the parent to provide an updated health report at least every 12 months for an older toddler or preschool child. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.131(d)(5)/3270.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The most recent immunization record in the file for Child #3 lacked the following immunizations according to the recommendations of the ACIP based on the child's age: 4th DTAP, 2nd Hep A. The file also lacked a letter of exemption from the parent or physician.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. The facility shall implement dismissal policies in accordance with the Department of Health regulation in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings). Child #3 must be dismissed from care by close of business 7/27/26 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.133(3)

Description: Name on bottle

Noncompliance Area: Observed gas drops for Child #1, which were not labeled with the child's name, in the medicine box in the Pet Shop Room.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: Observed gas drops for Child #1 in the medicine box in the Pet Shop Room and infant Tylenol and Benadryl for Child #5 in the Construction Zone Room, which lacked written parent consent for administration.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.134(a)

Description: Child's hands washed

Noncompliance Area: Based on observation and conversation with staff, staff in the Pet Shop Room were wiping off young toddler's hands with baby wipes after diapering, rather than ensuring the children wash their hands.

Correction Required: A staff person shall ensure that a child's hands are washed before meals and snacks, after toileting and after being diapered.

Regulation: 3270.151(a)/3270.192(3)

Description: 12 months prior to service and every 24 months thereafter/Health assessment, TB test

Noncompliance Area: The most recent health assessments in the files for Staff Person #2, 3 and 6 exceeded 24 months between assessments. The initial health assessments in the files for Staff Person #4 and 9 were conducted after the staff persons' first days working in childcare. The files for Staff Person #8 and 11 did not contain a health assessment conducted within the past 24 months (See LIS Code Sheet).

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The files for Staff Person #10, 15, 16 and 17 did not contain two written reference letters.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: Observed adult scissors, which were accessible to children, in unlocked drawers in the Flower Shop and Corner Market Rooms.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The health and safety training in the file for Staff Person #3 and the Pediatric First Aid/CPR Certification in the file for Staff Person #9 were conducted more than 90 days after the staff persons' dates of hire (See LIS Code Sheet).

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The most recent Mandated Reporter Trainings in the files for Staff Person #5 and #12 exceeded 60 months between trainings.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services).

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The most recent State Police and Child Abuse Clearances in the file for Staff Person #1 exceeded 60 months between clearances. The DHS FBI Clearance in the file for Staff Person #4 was acquired after the staff person's provisional hire end date. The most recent Child Abuse Clearances in the file for Staff Person #7 exceeded 60 months between clearances. The disclosure statements in the files for Staff Person #3, 4, 7, 10, 13, 14, 15, 16 and 17 are on outdated forms and not valid. The file for Staff Person #13 did not contain a DHS FBI Clearance. The file for Staff Person #13 contained a DOE FBI Clearance, which is not valid. The file for Staff Person #15 did not contain an DHS FBI Clearance or NSOR Certificate (See LIS Code Sheet).

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person #13 and #15 may not work in a child care position at the facility.

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: Observed peeling, flaking paint on the red wall under the TV and the gray wall under the whiteboard in the Pizza Shop Room.

Correction Required: Peeled or damaged paint or damaged plaster is not permitted on indoor or outdoor surfaces in the child care facility.

Regulation: 3270.82(j)

Description: Running water - diapering

Noncompliance Area: The sink in the Flower Shop Room was not functioning. Based on conversations with staff, some staff are changing diapers in the room and then walking to the restrooms in the halls to wash theirs and the children's hands.

Correction Required: A source of running water for handwashing shall be present in infant and toddler diapering areas. If the running water does not flow directly into a drain that is connected to a sewage system, a receptacle shall be provided to contain the water used for washing. The receptacle shall be emptied into an approved sewage system at least once a day.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the boys' restroom on the floor under the changing table, empty plastic bags were accessible to children who are still placing objects in their mouths.

Correction Required: Toys and objects with a diameter of less than 1 inch, objects with removable parts that have a diameter of less than 1 inch, plastic bags and styrofoam objects may not be accessible to children who are still placing objects in their mouths.

Regulation: 3270.123(b)/3270.182(8)

Description: Parent receives original/Copy of initial and subsequent agreements. Parent receives original.

Noncompliance Area: The file for Child #1 contained the original fee agreement form signed by the parent.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement. A child's record shall contain a copy of the initial agreement and subsequent written agreements between the parent and the operator. The parent receives the original agreement.

Regulation: 3270.131(b)(1)/3270.182(1)

Description: Infant: updated health report every 6 months/Initial and subsequent health reports

Noncompliance Area: The file for Child #2 (See LIS Code Sheet) lacked a current health report. The previous health report obtained as a younger toddler was dated 12/2/24 more than 6 months ago. The file for Child #3, a younger toddler (See LIS Code Sheet), lacked a current health report. The previous health report was dated 2/8/24 more than 6 months ago. The file for Child #4 (See LIS Code Sheet) lacked a current health report. The previous health report obtained as a younger toddler was dated 9/12/24 more than 6 months ago. The health report for Child #5, a younger toddler (See LIS Code Sheet) was dated 11/20/24 more than 6 months ago.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.131(b)(2)/3270.182(1)

Description: Toddler/preschool: updated health report every 12 months/Initial and subsequent health reports

Noncompliance Area: The health report on file for Child #1, an older toddler (See LIS Code Sheet), was dated 1/2/24 more than 12 months ago. The health report on file for Child #6, a preschooler (See LIS Code Sheet), was dated 10/4/24 more than 12 months from the previous health report dated 12/30/22. The health report on file for Child #7, a preschooler (See LIS Code Sheet), was dated 4/11/25 more than 12 months from the previous health report dated 1/4/24.

Correction Required: The operator shall require the parent to provide an updated health report at least every 12 months for an older toddler or preschool child. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The facility's policy for Shaken Baby Syndrome/Abusive Head Trauma lacked prevention and identification of child maltreatment as per Announcement C-22-03.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations.State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.151(c)(3)/3270.151(c)(4)

Description: Exam communicable disease/Information re: medical problems

Noncompliance Area: The health assessment on file for Staff #3 lacked information regarding communicable diseases and information prohibiting a staff from providing adequate care to children.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination. An adult health assessment must include information on medical problems that might threaten the health of the children or prohibit a staff person from providing adequate care to children.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The file for Staff Person #5 contained only one written, nonfamily reference attesting to the person's suitability to work with children.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: In the Construction Zone room, adult scissors were accessible to children. The scissors were on a low shelf in a closet where the door was unlocked and standing open.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The file for Staff Person #7 contained Health and Safety training dated 12/15/24 which was obtained more than 90 days from date of hire (See LIS Code Sheet). The file for Staff Person #8 contained Health and Safety Part 1 training dated 5/27/25 which was obtained more than 90 days from date of hire; Staff Person #8 lacked Health and Safety Part 2 training which was to be completed within 90 days of hire (See LIS Code Sheet).

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.31(f)(10)

Description: Health and Safety Training - Pediatric First Aid and CPR

Noncompliance Area: The file for Staff Person #6 contained pediatric first aid and CPR training dated 5/7/25 which was more than 90 days from date of hire (See LIS Code Sheet).

Correction Required: Staff persons shall complete professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days of hire.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The NSOR certificate on file for Staff Person #1 (See LIS Code Sheet) dated 3/6/25 was obtained more than 60 months from the previous NSOR dated 2/12/20. The file for Staff Person #2 (See LIS Code Sheet) lacked a disclosure statement and a PA State Police clearance. The file for Staff Person #4 lacked a current DHS FBI Clearance; the previous FBI clearance is dated 7/22/20. The file for Staff Person #5 contained a PA State Police clearance dated 4/11/24 obtained more than 60 months from the previous PA State Police clearance dated 8/1/18.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Persons #2 and #4 may not work in a child care position at the facility.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The written evaluation for Staff Person #3 dated 6/2/25 was completed more than 12 months from their date of hire. (See LIS Code Sheet).

Correction Required: A director is responsible for written evaluation of staff persons on a regular basis, a minimum of one evaluation every 12 months.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: There was an uncovered electrical outlet next to the desk in the School Room accessible to children 5 years of age and younger.

Correction Required: Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In the Pet Shop Room, Febreeze Air Freshener, labeled, "Keep Out Of Reach Of Children", was on the diaper changing station and accessible to children.

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children.

Regulation: 3270.67(d)

Description: Contaminated trash in closed plastic-lined receptacle

Noncompliance Area: There was an open trash receptacle in the Pizza Shop room with used bowls and napkins in it. In the School Room, used gloves, paper towels, and tissues were in an open trash receptacle.

Correction Required: Trash that has been contaminated by human secretions or excrement shall be contained in closed, plastic-lined receptacles.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: The wall board was ripped in the last stall in the boys' restroom. There was a broken outlet cover in the Pizza Shop room with a sharp edge.

Correction Required: Floors, walls, ceilings and other surfaces, including the facility's outdoor play space surfaces shall be kept clean, in good repair and free from visible hazards.

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In the Outdoor Adventure room, there was a wooden kitchen play set and shelf with peeling paint.

Correction Required: Peeled or damaged paint or damaged plaster is not permitted on indoor or outdoor surfaces in the child care facility.

Regulation: 3270.94(a)(1)

Description: Every 60 days

Noncompliance Area: Documentation of the fire drill log shows more than 60 days between testing. (10/1/24 and 12/4/24; 12/4/24 and 2/3/25)

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3270.95(a)/3270.95(b)

Description: Devices must be compliant/Director or designated staff person ensure compliance

Noncompliance Area: Documentation of the fire alarm system test shows more than 30 days between testing. (10/1/24 and 11/1/24; 11/1/24 and 12/2/24; 12/2/24 and 1/2/25)

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. §  1016(c)). The Director or designated staff person who is responsible for compliance with this chapter shall ensure the requirements under subsection (a) are met.

Regulation: 3270.151(a)/3270.192(3)

Description: 12 months prior to service and every 24 months thereafter/Health assessment, TB test

Noncompliance Area: The file for Staff Person #2 (See LIS Code Sheet) lacked a health assessment and TB screening results. The file for Staff Person #4 (See LIS Code Sheet) lacked a health assessment.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The files for Staff Persons #2 and #4 lacked two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person. The file for Staff Person #5 lacked one written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3270.31(e)

Description: Age and Training

Noncompliance Area: The file for Staff Person #3 lacked the 12 required annual training hours for the most recent review period November 2023-November 2024.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of child care training.

Regulation: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: The file for Staff Person #3 lacked annual fire safety training; previous fire safety training was dated 6/13/23.

Correction Required: Staff persons shall participate, at least annually, in firesafety training conducted by a fire protection professional. Staff persons and volunteers shall receive training in maintenance of smoke detectors, the duties of facility persons during a fire drill and during a fire and the use of the facility's fire extinguishers, not including discharge of the fire suppressant agent.

Regulation: 3270.31(f)(10)

Description: Health and Safety Training - Pediatric First Aid and CPR

Noncompliance Area: Staff Person #1 completed professional development in pediatric first aid and pediatric CPR on 5/7/2025, more than 90 days following their date of hire (See LIS Code Sheet).

Correction Required: Staff persons shall complete professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days of hire.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for Staff Person #2 (See LIS Code Sheet) lacked a disclosure statement. The file for Staff Person #3 (See LIS Code Sheet) contained a State Police clearance dated 2/25/25, obtained more than 60 months from the previous clearance dated 8/19/19; a Child Abuse clearance dated 3/5/25, obtained more than 60 months from the previous clearance dated 9/4/19; an NSOR Certificate dated 3/6/25, obtained more than 60 months from the previous clearance dated 2/12/20. The file for Staff Person #4 (See LIS Code Sheet) lacked a State Police clearance. The file for Staff Person #6 (See LIS Code Sheet) lacked a State Police clearance.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Staff Persons #2, #4, and #6 may not work in a child care position at the facility.

Regulation: 3270.33(a)/3270.192(2)(ii)

Description: Each staff person meets quals/Exp, educ., training prior to facility

Noncompliance Area: The file for Staff Person #4 lacked a copy of their HS Diploma. The file for Staff Person #5 lacked documentation of experience working with children.

Correction Required: A staff person or a substitute staff person shall meet one of the applicable staff qualifications for the position in which the person is performing. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.94(a)(1)

Description: Every 60 days

Noncompliance Area: Documentation of the fire drill log showed more than 60 days between drills (12/4/24 and 2/3/25).

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3270.95(a)/3270.95(b)

Description: Devices must be compliant/Director or designated staff person ensure compliance

Noncompliance Area: Documentation of the fire alarm system test showed more than 30 days between testing (12/2/24 and 1/2/25 and 2/3/25).

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. §  1016(c)). The Director or designated staff person who is responsible for compliance with this chapter shall ensure the requirements under subsection (a) are met.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Per staff statements, on several occasions child #1 was alone with facility person #1 in a non-child care office. This occurred when child #1 was upset and could not be calmed by the staff responsible for supervising child #1. Child #1 would spend up to ten minutes in the office with facility person #1, then return to the child care space. Per staff statements, child #1 responded positively to facility person #1 and would calmly return to the classroom.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: Per staff statements, on several occasions child #1 was alone with facility person #1 in a non-child care office. This occurred when child #1 was upset and could not be calmed by the staff responsible for supervising child #1. Child #1 would spend up to ten minutes in the office with facility person #1, then return to the child care space. Per staff statements, child #1 responded positively to facility person #1 and would calmly return to the classroom.

Correction Required: Each staff person shall be assigned the responsibility for supervision of specific children. The staff person shall know the names and whereabouts of the children in his assigned group. The staff person shall be physically present with the children in his group on the facility premises and on facility excursions off the facility premises.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #1 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): health and safety basics training.

Correction Required: Staff person(s) shall complete professional development in the topics of 3270.31(f) within 90 days of hire. Staff person #1 will have until 1/17/25 to complete the required training. Until such time as the required training has been completed, staff person #1 must be supervised, when interacting with children, by an AGS who has completed the required training related to this citation. If there are no staff available to supervise staff person #1, staff person #1 may not work in a child-care position at the facility.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: Per staff statements, on several occasions child #1 was alone with facility person #1 in a non-child care office. This occurred when child #1 was upset and could not be calmed by the staff responsible for supervising child #1. Child #1 would spend up to ten minutes in the office with facility person #1, then return to the child care space. Per staff statements, child #1 responded positively to facility person #1 and would calmly return to the classroom.

Correction Required: When children are grouped in similar age levels, the following maximum child group sizes and ratios of staff persons apply: Infants 1:4 with a maximum group size of 8; Young toddlers 1:5 with a maximum group size of 10; Older toddlers 1:6 with a maximum group size of 12; Preschool children 1:10 with a maximum group size of 20; Young school-age children 1:12 with a maximum group size of 24; Older school-age children 1:15 with a maximum group size of 30.

Regulation: 3270.61(c)

Description: 40 square feet wall-to-wall

Noncompliance Area: Per staff statements, on several occasions child #1 was alone with facility person #1 in a non-child care office. This occurred when child #1 was upset and could not be calmed by the staff responsible for supervising child #1. Child #1 would spend up to ten minutes in the office with facility person #1, then return to the child care space. Per staff statements, child #1 responded positively to facility person #1 and would calmly return to the classroom.

Correction Required: Indoor child care space is measured within permanent stationary partitions or walls. The allowable number of children in a space is determined by dividing the total square feet in a space by 40.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: *2nd CITATION: On 9/20/24 during lunch at approximately 11:35am, in the School Room, Staff #2 was observed supervising 8 toddlers. Staff #1, who had previously been in the room with Staff #2, left the room to get more pasta. PREVIOUISLY CITED ON 8/6/24

Correction Required: *When children are grouped in similar age levels, the following maximum child group sizes and ratios of staff persons apply: Infants 1:4 with a maximum group size of 8; Young toddlers 1:5 with a maximum group size of 10; Older toddlers 1:6 with a maximum group size of 12; Preschool children 1:10 with a maximum group size of 20; Young school-age children 1:12 with a maximum group size of 24; Older school-age children 1:15 with a maximum group size of 30.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: **2nd CITATION: On 9/20/24 during lunch at approximately 11:35am, in the School Room, Staff #2 was observed supervising 8 toddlers. Staff #1, who had previously been in the room with Staff #2, left the room to get more pasta. PREVIOUISLY CITED ON 8/6/24

Correction Required: **The legal entity will require all staff persons at the facility to attend, a minimum 2 hour in-person training regarding supervision and ratio offered by the ELRC within 1 month of the approval of this plan of correction. The training must be approved by the Department prior to implementation. Documentation of the completed training will be provided to the OCDEL-DHS representative by email upon completion. The training may count towards the mandatory 12 training hours required by the Department.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In the Pizza Shop classroom, the back of the play kitchen has a hole in it with sharp edges.

Correction Required: Toys, play equipment and other indoor and outdoor equipment used by the children shall be clean, in good repair and free from rough edges, sharp corners, pinch and crush points, splinters and exposed bolts.

Regulation: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: In the Zoo classroom, cribs with infants resting in them lacked 2 feet of space on at least three sides.

Correction Required: At least 2 feet of space is required on three sides of a bed, cot, crib or other rest equipment while the equipment is in use.

Regulation: 3270.108(c)

Description: No styrofoam

Noncompliance Area: Staff reported that the Syrofoam bowls observed throughout the classrooms were being used to serve food to the children.

Correction Required: Styrofoam cups and plates may not be used.

Regulation: 3270.123(a)(1)

Description: Amount of fee

Noncompliance Area: The agreement form in the files for Child #1 and Child #2 lacked the fee amount.

Correction Required: An agreement shall specify the amount of the fee to be charged per day or per week.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The files for Child #1, Child #2, Child #3, Child #4. Child #5, Child #6, and Child #7 lacked current child service reports. The most recent child service report in the file for Child #1 was dated 5/5/23. The most recent child service report in the file for Child #2 was completed in 2021. The most recent child service report for Child #3 was dated 5/10/23. The most recent child service report for Child #4 was dated 11/1/22. The most recent child service report for Child #5 was dated 11/30/22. The most recent child service report in the file for Child #6 was dated 5/522. There was no child service report in the file for Child #7 enrolled since 8/23/22.

Correction Required: The services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in § 3270.124(f) (relating to emergency contact information).

Regulation: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: The agreement form in the files for Child #1, #2, #3, and #7 lacked the date of admission.

Correction Required: An agreement shall specify the date of the child's admission.

Regulation: 3270.123(b)

Description: Parent receives original

Noncompliance Area: The files for Child #3, #5, #8, and #9 contained the original agreement form.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement.

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The files for Child #1, #2, #3, #4, #5, #6, #7, #8, and #9 lacked the parent's work address. The current Emergency Contact form utilized by the facility does not have a place to include the parent's work address.

Correction Required: Emergency contact information must include the home and work addresses and telephone numbers of the enrolling parent.

Regulation: 3270.124(b)(5)

Description: Information re: special needs

Noncompliance Area: The Emergency Contact Form in the files for Child #1, #2, #4, #7, and #9 lacked information on the child's special needs, as specified by the child's parent, physician, physician's assistant or CRNP, which is needed in an emergency situation.

Correction Required: Emergency contact information must include information on the child's special needs, as specified by the child's parent, physician, physician's assistant or CRNP, which is needed in an emergency situation.

Regulation: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The Emergency Contact Form in the file for Child #9 lacked the health insurance policy number.

Correction Required: Emergency contact information must include health insurance coverage and policy number for a child under a family policy or Medical Assistance benefits, if applicable.

Regulation: 3270.124(f)/3270.181(c)

Description: Updated every 6 months/Emergency info/agreement updated 6 mos

Noncompliance Area: The emergency contact forms and agreements on file for Child #1, #2, #3, #4, #5, and #7 were not reviewed and updated by a parent in writing in the previous 6 months.

Correction Required: The parent shall update in writing emergency contact information once in a 6-month period or as soon as there is a change in the information. A parent is required to review and update the emergency contact information and the financial agreement at least once in a 6-month period or as soon as there is a change in the information.

Regulation: 3270.131(b)(2)

Description: Toddler/preschool: updated health report every 12 months

Noncompliance Area: The files for Child #2 and Child #6, both preschool age children, lack a current health report. The most recent health report on file for Child #2, a preshcooler, is dated 3/20/23. The most recent health report on file for Child #6, a preschooler, is dated 3/17/21. The two most recent health reports on file for Child #4, a preschooler, are dated 8/26/22 and 5/21/24, more than 12 months apart.

Correction Required: The operator shall require the parent to provide an updated health report at least every 12 months for an older toddler or preschool child.

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: On August 6, 2024, in the medication container in the School Room, the Hyland's Cold Tablets for Child #10 had an expiration date of July 2024.

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label.

Regulation: 3270.134(a)/3270.152

Description: Child's hands washed/Adult Hygiene

Noncompliance Area: In the School Room, Staff person #3 did not wash the child's hands after being diapered. Staff person #3 did not wash her hands after changing a soiled diaper.

Correction Required: A staff person shall ensure that a child's hands are washed before meals and snacks, after toileting and after being diapered. A facility person shall wash his hands before meals and snacks, and after toileting and after diapering a child.

Regulation: 3270.135(a)(3)/3270.135(b)

Description: Disposable diapers/Surfaces cleaned

Noncompliance Area: In the School Room, Staff person #3 did not immediately discard the soiled diaper into a hands free lined trash can, and did not clean or sanitize the changing area after completing a diaper change.

Correction Required: If disposable diapers are provided by a parent or by a facility, a soiled diaper shall be discarded by immediately placing the diaper into a plastic-lined, hands-free covered can. Diaper changing surfaces shall be cleaned after each use by wiping the surface with a sanitizing solution or by changing a pad or other surface covering.

Regulation: 3270.151(a)/3270.192(3)

Description: 12 months prior to service and every 24 months thereafter/Health assessment, TB test

Noncompliance Area: The file for staff person #1 lacked documentation of a health assessment being completed within 12 months prior to date of hire (See LIS CODE SHEET). The file for Staff person #2 contained a current health assessment dated 5/16/24. It was not obtained within 24 months of the previous assessment dated 7/13/21. The file for Staff person #3 lacked documentation of a health assessment being completed within 12 months prior to date of hire (See LIS CODE SHEET). The file for Staff person #3 contained an initial health assessment dated 7/8/24. The file for Staff person #4 lacked documentation of a health assessment being completed within 12 months prior to date of hire (See LIS CODE SHEET). The file for Staff person #4 contained an initial health assessment dated 7/14/24. The file for Staff person #5 contained a current health assessment dated 5/6/24. It was not obtained within 24 months of the previous assessment dated 9/15/21. The file for Staff person #6 contained a current health assessment dated 5/9/24. It was not obtained within 24 months of the previous assessment dated 1/7/22. The file for Staff person #9 contained a current health assessment dated 9/30/23. It was not obtained within 24 months of the previous assessment dated 8/27/19.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.151(c)(2)

Description: Mantoux TB

Noncompliance Area: The initial health assessment, dated 5/30/24 for staff person #7 lacked a tuberculosis (TB)screening. The initial health assessment, dated 3/18/22 for staff person #8 lacked a tuberculosis (TB)screening. The TB test results on file for staff person #8, dated 3.18.22, exceeded 12 months prior to date of hire (See LIS COSE SHEET).

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The files for Staff persons #1 and #7 each lacked one written letter of recommendation. The file for Staff person #10 lacked two letters of recommendation.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: In the Pizza Shop classroom, there were adult scissors accessible to children.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: The facility's Emergency Plan lacked accommodations for infants and toddlers as per Announcement C-22-04.

Correction Required: The facility shall have an emergency plan that provides for accommodations for infants, toddlers, children with disabilities, and children with chronic medical conditions.

Regulation: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The facility's parent letter explaining the emergency procedures lacked information on lockdown and accommodations for infants and toddlers.

Correction Required: The operator shall provide to the parent of each enrolled child a letter explaining the emergency procedures. The operator shall also provide to the parent of each enrolled child a letter explaining any subsequent update to the plan.

Regulation: 3270.33(a)/3270.192(2)(ii)

Description: Each staff person meets quals/Exp, educ., training prior to facility

Noncompliance Area: The file for Staff #11, identified as a Group Supervisor, lacked verification of child care experience and education prior to service at the facility. The file for Staff #1, identified as an aide, lacked verification of child care experience and education prior to service at the facility.

Correction Required: A staff person or a substitute staff person shall meet one of the applicable staff qualifications for the position in which the person is performing. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: On 8/6/24 during lunch at approximately 12:15pm, in the Outdoor Adventure classroom, Staff #2 was observed supervising 12 preschool age children. Staff #1, who had previously been in the room with Staff #2, left the room to heat up a child's lunch in another room.

Correction Required: When children are grouped in similar age levels, the following maximum child group sizes and ratios of staff persons apply: Infants 1:4 with a maximum group size of 8; Young toddlers 1:5 with a maximum group size of 10; Older toddlers 1:6 with a maximum group size of 12; Preschool children 1:10 with a maximum group size of 20; Young school-age children 1:12 with a maximum group size of 24; Older school-age children 1:15 with a maximum group size of 30. IF USING TIERED LIS: The required staff:child ratios must be maintained at all times. The legal entity must submit documentation in a format approved by DHS proving that the facility is maintaining the required staff:child ratios at all times. The legal entity will confirm continuing compliance by sending copies of the documentation to the -------- Region Office on a weekly basis for a period of three months after DHS approves the documentation format.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: Electrical outlets accessible to children age 5 and younger lacked protective receptacle covers in the following locations: the hallway outside the School classroom that toddler and preschool children use to get to the restroom, access the outdoor play space, as well as other child care spaces ; under the TV and under the table in the School Room which serves as an older toddler classroom; and on the power strip in the Pizza Shop classroom which is a preschool classroom.

Correction Required: Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: There was hand sanitizer labeled, "Keep out of reach of children" accessible to children in an unlocked cabinet in the Pizza Shop classroom, on the table in the Activity room, and in the girls' restroom. Diaper creams labeled "Keep out of reach of children" were stored in an unlocked cabinet in the girls' restroom accessible to children.

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children.

Regulation: 3270.66(b)

Description: Original container

Noncompliance Area: There were unlabeled spray bottles containing disinfectant and cleaning solutions identified by staff in the following areas: School classroom, Pizza Shop classroom, and Outdoor Adventure classroom.

Correction Required: Cleaning materials and other toxic materials shall be stored in an original labeled container or in a container that specifies the content. Toxics shall be stored away from food, food preparation areas and child care spaces.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first aid kit in the Pet Shop classroom lacked soap and scissors.

Correction Required: A first-aid kit must contain the following: soap, an assortment of adhesive bandages, sterile gauze pads, tweezers, tape, scissors and disposable, nonporous gloves.

Regulation: 3270.94(a)(1)

Description: Every 60 days

Noncompliance Area: The fire drill log on file included fire drills conducted more than 60 days apart: 8/7/23 and 10/10/23; 10/10/23 and 12/12/23; 12/12/23 and 2/19/23.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3270.95(a)

Description: Devices must be compliant

Noncompliance Area: The fire alarm test log includes test dates more than 30 days apart: 7/4/23 and 8/7/23; 9/5/23 and 10/10/23; 11/5/23 and 12/12/23.

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. §  1016(c)).

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the Outdoor Adventure Classroom empty bags were observed in an unlocked cabinet where the children could access them.

Correction Required: Toys and objects with a diameter of less than 1 inch, objects with removable parts that have a diameter of less than 1 inch, plastic bags and styrofoam objects may not be accessible to children who are still placing objects in their mouths.

Regulation: 3270.123(a)(1)

Description: Amount of fee

Noncompliance Area: The file for Child #4 contained an agreement form that was lacking the fee amount.

Correction Required: An agreement shall specify the amount of the fee to be charged per day or per week.

Regulation: 3270.123(a)(4)

Description: Arrival/departure times

Noncompliance Area: The file for Child #4 contained an agreement form that was lacking the arrival and departure times of the child.

Correction Required: An agreement shall specify the child's arrival and departure times.

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The file for Child #1 contained an emergency contact form that was lacking address and phone number of the child's physician.

Correction Required: Emergency contact information must include the name, address and telephone number of the child's physician or source of medical care.

Regulation: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The file for Child #2 contained an emergency contact form that was lacking the policy number of the child's medical insurance.

Correction Required: Emergency contact information must include health insurance coverage and policy number for a child under a family policy or Medical Assistance benefits, if applicable.

Regulation: 3270.131(b)(1)/3270.182(1)

Description: Infant: updated health report every 6 months/Initial and subsequent health reports

Noncompliance Area: The file for Child #1 who is a young toddler age child, contains a health assessment that is more than 6 months old.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.131(d)(5)/3270.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The file for Child #1, 3 and 4 all contained immunization records that were lacking influenza immunizations.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. The facility shall implement dismissal policies in accordance with the Department of Health regulation in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).

Regulation: 3270.133(2)

Description: Written instructions

Noncompliance Area: In the Corner Market Classroom there was an inhaler that was lacking written instructions from the individual who prescribed the medicine.

Correction Required: A staff person shall administer a prescription medication only if written instructions are provided from the individual who prescribed the medicine. Instructions for administration contained on a prescription label are acceptable.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The file for Staff #4, and 10 were both lacking the 1 hour Health and Safety update.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations.State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.151(a)

Description: 12 months prior to service and every 24 months thereafter

Noncompliance Area: The file for Staff #7 contains two health assessments that were more than 24 months apart. The file for Staff #9 was lacking an initial health assessment and TB test.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem.

Regulation: 3270.171(c)

Description: Safe routes posted

Noncompliance Area: The facility was lacking a posted pick up/drop off policy.

Correction Required: Written notification of safe routes shall be posted by the operator at a conspicuous location in the child care facility.

Regulation: 3270.192(2)(ii)

Description: Exp, educ., training prior to facility

Noncompliance Area: The file for Staff #8 and 9 were lacking verification of their education and child care experience and training prior to service at the facility.

Correction Required: A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The file for Staff #8 and 9 were both lacking two non family written reference letters attesting to the person's suitability to serve as a facility person.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The file for Staff #2, and 5 both contain the Health and Safety Basics that was taken prior to the September 30, 2016.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The file for Staff #1 and 6 both contained DOE FBI Clearances in their file. They may not work in a position at the child care facility until the DHS FBI clearance comes back. The file for Staff #3 was lacking an FBI clearance, the file also did not have proof of applying and getting the fingerprints done. The file for Staff #7 contained a volunteer State Police Clearance. There were also two Child Abuse, two FBI clearances and two Mandated Reporter that were more than 60 months apart. The file for Staff #8 was lacking a state police clearance, and a disclosure statement. The file for Staff #9 contained a volunteer child abuse clearance, and it was lacking an FBi clearance,

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 1, 6, 3, 7, 8, 9 may not work in a position at the facility.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In the Pizza Shop Classroom there were two spray bottles that contained toxics that were accessible to children.

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children.

Regulation: 3270.69(b)

Description: 110º F or less

Noncompliance Area: In both the boys and girls restrooms the hot water in the sinks was reading at 128 degrees.

Correction Required: Hot water temperature, in areas accessible to children, may not exceed 110° F.

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: The changing table in the boy's restroom did not have a handwashing sign posted. In the girl's restroom the 4th stall was lacking a handwashing sign.

Correction Required: A facility person and an able child shall wash his hands after toileting and before eating. A sign on which this requirement is written shall be posted at each toilet, training chair, diapering area and sink in the facility.