Active Learning Centers Llc

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: On 4/21/25, child #1 was climbing on a dramatic play shelf and it tipped over and hit the child in the forehead resulting in a bump.

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: 3270.113(b)

Description: No physical punishment

Noncompliance Area: On 2/18/25 Cert Rep viewed video from an incident that occurred on 1/23/25. Staff person #1 grabbed Child #1's right forearm then grabbed the other arm and attempted to set the child in a chair, child resisted and ended up on the floor.

Correction Required: TIERED LIS 1. A facility person may not use any form of physical punishment, including spanking a child. This portion of the plan shall have an immediate correction date. 2.The legal entity must arrange for all facility staff to receive a minimum of 2 hours of PQAS training regarding behavior management. The operator shall provide a date for when this training will be completed. 3. The legal entity must submit a policy to address managing challenging children. The legal entity shall submit their policy to the regional office for approval. Once approved, the legal entity shall review the policy with each staff person and have them sign off on the policy. This documentation shall be retained in each staff's file. The operator shall provide a date by when this will be completed.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: On 2/18/25 Cert Rep observed dangling cords accessible to the children in the Panda Classroom.

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: 3270.107

Description: Refrigerator

Noncompliance Area: The refrigerator thermometer in the cubs room read 51 degrees, the thermometer in the mini cubs room read 54 degrees, and the thermometer in the young school age room read 48 degrees. All exceed the requirement of maintaining food at 45 degrees or below.

Correction Required: A facility shall have an operable, clean refrigerator used to store potentially hazardous foods. The refrigerator shall be capable of maintaining food at 45° F or below. An operating thermometer shall be placed in the refrigerator.

Regulation: 3270.67(d)

Description: Contaminated trash in closed plastic-lined receptacle

Noncompliance Area: Cert Rep observed tissues and paper towels in an unlidded receptacle in the preschool room.

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

Regulation: 3270.107

Description: Refrigerator

Noncompliance Area: During renewal inspection, refrigerator in Phoenix room was dirty.

Correction Required: A facility shall have an operable, clean refrigerator used to store potentially hazardous foods. The refrigerator shall be capable of maintaining food at 45° F or below. An operating thermometer shall be placed in the refrigerator.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: During renewal inspection, there was no Child Service Report (CSR) on file for child #3. Child #3 has been attending facility for over 6 months. Last CSR on file for child #5 is dated 3/13/2023.

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)(7)

Description: Name/address/phone release person

Noncompliance Area: During renewal inspection, release person's complete address was missing from child #2's emergency contact form. Parent only listed city.

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: 3270.124(c)

Description: Each child care space

Noncompliance Area: During renewal inspection, emergency contact form for child #1 was not present in the Pandas room.

Correction Required: When children are in the facility, emergency contact information shall be present in a child care space for children receiving care in the space.

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

Description: Immunization record/Dismissal policy

Noncompliance Area: During renewal inspection, child #4 does not have Hep A vaccine. There is no exemption on file. Child #4 is a young toddler (see LIS code sheet).

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: 3270.178

Description: Transportation First Aid Kit

Noncompliance Area: During renewal inspection, first-aid kit in Bus 10 was missing water and tweezers.

Correction Required: A first-aid kit, including the contents as specified in §3270.75 (relating to first-aid kit) shall be in the vehicle when children are being transported.

Regulation: 3270.31(e)(4)(i)

Description: Age and Training

Noncompliance Area: During renewal inspection, the following staff persons did not complete pediatric first-aid/CPR on or before the expiration of their previous certification: Staff person #5: Pediatric first-aid/CPR certifications dated 11/3/2020 and 11/15/2022. Staff person #6: Pediatric first-aid/CPR certifications dated 6/10/2021 and 7/25/2023.

Correction Required: Competence is the completion of training by a professional in the field of first-aid and cardiopulmonary resuscitation (CPR). All staff persons shall renew their certification in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) on or before the expiration of the most current certification.

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

Description: Fire safety - 1 yr.

Noncompliance Area: During renewal inspection, the following staff did not complete fire safety within 12 months: Staff #2: fire safety training completed 6/4/2022 and 7/7/2023. Staff #4: fire safety training completed 6/4/2022 and 7/14/2023.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During renewal inspection, the following was observed: Staff person #1: NSOR clearance request dated 1/20/2023, which was after start date (see LIS code sheet). Staff person #2: FBI clearance request dated 5/17/2022, which was after start date (see LIS code sheet). Staff person #3: Completed mandated reporter training on 8/21/2022, which was not within 90 days of their date of hire (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.

Regulation: 3270.124(d)

Description: Excursions

Noncompliance Area: During the inspection, emergency contact information for child #1, child #2, and child #3 was not present with the staff.

Correction Required: When children leave the facility on walking and riding excursions, emergency contact information specific to each child on the excursion shall accompany a staff person on the excursion.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During the inspection, staff person #1, a lifeguard, did not have requests for or a completed FBI or NSOR clearances on file at time of hire (see LIS code sheet for date of hire). Staff person #2, a lifeguard, did not have requests for or a completed NSOR clearance on file at time of hire (see LIS code sheet for date of hire).

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. For a period of three (3) months, the legal entity must send a complete file to the Northeast Regional Office for all new hires. New hires may not begin to work in childcare and until the file has been approved by the Northeast Regional Office.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During the inspection, staff person #1, a lifeguard, did not have requests for or a completed FBI or NSOR clearances on file at time of hire (see LIS code sheet for date of hire). Staff person #2, a lifeguard, did not have requests for or a completed NSOR clearance on file at time of hire (see LIS code sheet for date of hire).

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 person #1 and staff person #2 were hired under Act 12 hiring requirements. Staff person #1 and staff person #2 may not work as the lifeguard until clearances are on file at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During the inspection, staff person #1, a lifeguard, did not have requests for or a completed FBI or NSOR clearances on file at time of hire (see LIS code sheet for date of hire). Staff person #2, a lifeguard, did not have requests for or a completed NSOR clearance on file at time of hire (see LIS code sheet for date of hire).

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. The Director, Legal Entity Representative, or anyone at the facility responsible for the hiring of staff or maintaining staff files are required to attend Existing Provider Orientation conducted at the Northeast Regional Office, located at 100 Lackawanna Ave, Scranton, PA 18503, on August 23, 2023. The legal entity representative must contact the Northeast Regional Office in order to schedule this training no later than August 15, 2023.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During unannounced monitoring beginning on 7/12/2023, facility person #1 has a PSP clearance request dated 1/3/2023. Facility person #3 has PSP clearance request dated 12/5/2022. These are not acceptable PSP clearances. Facility person #1 and facility person #3 are past their 45-day provisional period (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 #1 and facility person #3 may not work in a child care position at the facility until acceptable clearances are on file

Regulation: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: During unannounced monitoring conducted 5/11/2023, staff in the Monkeys Room indicated that there were 15 preschool-aged children present and named their individual groups. Staff #1 stated that they had 8 children. Staff #2 stated that they had 7 children. It was then discovered that there were 17 children present in the room and that Staff #1 did not have tags for two children, who were then added to Staff #1's group.

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. Director will complete supervision checks in each child care space four (4) times spaced throughout the day using a form approved by Northeast Regional Office. The form should include room name, staff name(s), the total number of children in the room, the number of children in each group, and indicate if all children were identified. Completed forms will be submitted to the Northeast Regional Office daily for thirty (30) business days from the date that plan of correction is submitted to the Northeast Regional Office.

Regulation: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: During unannounced monitoring conducted 5/11/2023, staff in the Monkeys Room indicated that there were 15 preschool-aged children present and named their individual groups. Staff #1 stated that they had 8 children. Staff #2 stated that they had 7 children. It was then discovered that there were 17 children present in the room and that Staff #1 did not have tags for two children, who were then added to Staff #1's group.

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(b)

Description: No physical punishment

Noncompliance Area: Complaint investigation verified that video footage of incident shows Staff #1 pulling Child #1 and forcefully grabbing Child #1 and forcefully pushing child onto a nap mat. Staff #1 can also be seen repeatedly forcing Child #1's head down once the child is laying.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Complaint investigation verified that video footage of incident shows Staff #1 pulling Child #1 and forcefully grabbing Child #1 and forcefully pushing child onto a nap mat. Staff #1 can also be seen repeatedly forcing Child #1's head down once the child is laying.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. The legal entity must create an employment policy regarding supervision of children and the use of physical discipline by staff. Policy will be submitted to the Northeast Regional Office for approval. Once approved, policy will be reviewed with all staff who will sign and date in acknowledgment. Documentation will be kept on file at the facility.

Regulation: 3270.131(b)(1)

Description: Infant: updated health report every 6 months

Noncompliance Area: During unannounced monitoring conducted 5/11/2023, last health assessment on file for Child #1 is dated 9/29/2022, which is past 6 months (see LIS code sheet for child's date of birth).

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.

Regulation: 3270.151(c)(2)

Description: Mantoux TB

Noncompliance Area: During unannounced monitoring conducted 5/11/2023, Staff #3's file indicated that tuberculosis screening was completed on 3/9/2023, which was after initial employment (see LIS code sheet for start date).

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: 3270.182(7)

Description: Reports of accidents, injuries and illnesses. Original report - parent same day Copy - facility accident file. Copy - child's file

Noncompliance Area: During unannounced monitoring conducted 5/11/2023, parent reported that they were not given a copy of an incident report for incident that occurred on 5/8/2023.

Correction Required: A child's record shall contain reports of accidents, injuries and illnesses involving a child in care at the facility. The original report shall be given to the parent on the day of the incident. The second copy of the report shall be retained at the facility in an accident file. The third copy of the report shall be retained at the facility in the child's file.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During unannounced monitoring conducted 5/11/2023, Staff #3 had incomplete PSP clearance dated 2/6/2020 and incomplete FBI clearance dated 7/14/2020 in file. The clearances were incomplete due to missing RAP sheets.

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 #3 may not work in a child care position at the facility until complete clearances are on file.

Regulation: 3270.182(7)

Description: Reports of accidents, injuries and illnesses. Original report - parent same day Copy - facility accident file. Copy - child's file

Noncompliance Area: Complaint investigation verified that incident reports are not being provided to parents on the day of the incident. An incident that occurred to Child #1 on 2/16/2023 was signed by parent/operator on 2/20/2023. Another incident in Child #1's file occurred on 1/10/2023 and was signed on 1/11/2023.

Correction Required: A child's record shall contain reports of accidents, injuries and illnesses involving a child in care at the facility. The original report shall be given to the parent on the day of the incident. The second copy of the report shall be retained at the facility in an accident file. The third copy of the report shall be retained at the facility in the child's file.

Regulation: 3270.21/3270.113(b)

Description: General Health and Safety/No physical punishment

Noncompliance Area: Complaint investigation conducted on 3/8/2023-3/15/2023 verified that Staff #1 has been observed to pull on a child's arm and pick a child up by the arm. Staff #1 admitted that she kicked a baby gate closed forcefully, causing the gate to swing past the latch and hit Child #1 in the head causing a bump.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. A facility person may not use any form of physical punishment, including spanking a child. The legal entity shall create a discipline policy for the facility that will be submitted and approved by Northeast Regional Office. Discipline policy shall address both positive and forbidden discipline. After approval, the legal entity will review the policy with all current staff and new hires going forward who will sign and date an acknowledgement. Discipline policy is to be kept on file.

Regulation: 3270.21/3270.113(b)

Description: General Health and Safety/No physical punishment

Noncompliance Area: Complaint investigation conducted on 3/8/2023-3/15/2023 verified that Staff #1 has been observed to pull on a child's arm and pick a child up by the arm. Staff #1 admitted that she kicked a baby gate closed forcefully, causing the gate to swing past the latch and hit Child #1 in the head causing a bump.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. A facility person may not use any form of physical punishment, including spanking a child. Staff has to take a minimum of two (2) hours PQAS-approved training related to discipline or positive guidance. Training can be done in person or virtually. Training needs to be approved by Northeast Regional office prior to scheduling the training.

Regulation: 3270.21/3270.113(b)

Description: General Health and Safety/No physical punishment

Noncompliance Area: Complaint investigation conducted on 3/8/2023-3/15/2023 verified that Staff #1 has been observed to pull on a child's arm and pick a child up by the arm. Staff #1 admitted that she kicked a baby gate closed forcefully, causing the gate to swing past the latch and hit Child #1 in the head causing a bump.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. A facility person may not use any form of physical punishment, including spanking a child.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: During renewal inspection conducted 11/30/2022, chairs in the Mat room were ripped, exposing the foam inside.

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: 3270.111(b)

Description: Posted in group space

Noncompliance Area: During renewal inspection conducted 11/30/2022, a written plan of daily activities was not posted in the Cranes room.

Correction Required: The written plan of daily activities shall be posted in the group space.

Regulation: 3270.123(a)(4)/3270.123(a)(5)

Description: Arrival/departure times/Designated release persons

Noncompliance Area: During renewal inspection conducted 11/30/2022, the following was missing from children's fee agreements: Child #4: Arrival and departure time. Release person(s).

Correction Required: An agreement shall specify the child's arrival and departure times. An agreement shall specify the persons designated by a parent to whom the child may be released.

Regulation: 3270.124(b)(2)/3270.124(b)(6)

Description: Physician name, address, phone/Insurance coverage information

Noncompliance Area: During renewal inspection conducted 11/30/2022, the following information was missing from children's emergency contact forms: Child #1: Health insurance policy number. Child #4: Address and phone number of physician. Child #6 Health insurance policy number.

Correction Required: Emergency contact information must include the name, address and telephone number of the child's physician or source of medical care. 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(b)(7)/3270.124(f)

Description: Name/address/phone release person/Updated every 6 months

Noncompliance Area: During renewal inspection conducted 11/30/2022, the following was missing from children's emergency contact forms: Child #1: Release person's address. Child #6: Emergency contact form not signed by parent.

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. 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.

Regulation: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: During renewal inspection conducted 11/30/2022, the following children's medical records do not reflect that immunizations have been administered in accordance with the schedule recommended by the ACIP: Child #2: 1 of 2 doses of Hepatitis A vaccine. No exemption on file. Child is an older toddler (see LIS code sheet). Child #5: No record of Rotavirus, DTAP, HIB, Pneumococcal, or Polio vaccines on file. No exemption on file. Child is an infant (see LIS code sheet). Child #6: Last record influenza vaccine on file is from 2019. No exemption on file. Child is preschool-aged (see LIS code sheet).

Correction Required: The facility shall require the parent to provide updated written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of ongoing vaccines administered to an infant, toddler or preschool child in accordance with the schedule recommended by the ACIP.

Regulation: 3270.175(c)

Description: Manufacturer's instructions used

Noncompliance Area: During renewal inspection conducted 11/30/2022, manufacturers' instructions for use of safety restraints were not in the vehicle.

Correction Required: Manufacturers' instructions for use of safety restraints shall be kept in the vehicle at all times.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During renewal inspection conducted 11/30/2022, Staff person #1 did not have FBI clearance on file. Staff person #1 is past 45-day provisional period (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. Staff Person #1 may not work in a child care position at the facility until FBI clearance results are on file.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: During renewal inspection conducted on 11/30/2022, a Swiffer Wet Jet with liquid labeled "Keep out of reach of children" was observed to be hanging in the bathroom, making it 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: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: During renewal inspection conducted 11/30/2022, peeling paint was observed in the Mat Room on the half wall and in the Cranes room by the whiteboard.

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: During renewal inspection conducted 11/30/2022, fire drill log reflected that fire drills were conducted on 6/14/2022-8/16/2022 which was past 60 days.

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: 3270.113(b)

Description: No physical punishment

Noncompliance Area: During complaint investigation conducted 8/24/2022, it was verified that Staff #1 chased Child #1 into the bathroom and pushed her against the wall. Child #1 reports that the incident scared her and that she was crying as a result. An acceptable plan of correction was received with a correction date of 8/18/2022. On complaint investigation which began on 9/20/2022, Staff #2 was observed on video footage from 9/16/2022 pulling Child #2's hair and yanking child off the ground and carrying her several feet by the arm.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: During complaint investigation conducted 8/24/2022, it was verified that Staff #1 chased Child #1 into the bathroom and pushed her against the wall. Child #1 reports that the incident scared her and that she was crying as a result. An acceptable plan of correction was received with a correction date of 8/18/2022. On complaint investigation which began on 9/20/2022, Staff #2 was observed on video footage from 9/16/2022 pulling Child #2's hair and yanking child off the ground and carrying her several feet by the arm.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. The operator will arrange for all staff to receive a minimum of 2 hours of PQAS approved, live training regarding Behavior Management. It does not matter if the PQAS approved, live training is done through the ELRC. The operator will receive DHS approval of training content prior to scheduling the training. The training will not be conducted while children are in care.

Regulation: 3270.161(d)

Description: Potentially hazardous food refrigerated

Noncompliance Area: On renewal inspection conducted 7/6/2022, a sandwich containing cheese and lunch meat was observed in a child's lunchbox located in the cubby area in the Cubs room. A sandwich containing cheese and lunch meat and fruit was observed in a child's lunchbox located in the cubby area in the Cranes room. A yogurt was observed in a child's lunchbox located in the cubby area in the Dragons room. An acceptable plan of correction was received with a correction date of 7/13/2022. When certification representative returned for unannounced monitoring on 9/28/2022, a lunchbox containing cooked macaroni and cheese, string cheese, apples and yogurt was observed in the cubby area in the Cranes room.

Correction Required: Potentially hazardous food brought from the child's home or provided by the facility shall be refrigerated.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: During unannounced monitoring conducted 9/28/2022, record for Staff #1 did not include two written nonfamily references prior to start date (see LIS code sheet).

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During unannounced monitoring conducted 9/28/2022, Staff #1 did not have proper request for NSOR clearance or proper request for out-of-state clearances prior to start date (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. Staff #1 may not work in a child care position at the facility until all required clearances are on file, including out of state clearances from Oklahoma.

Regulation: 3270.75(b)/3270.75(c)

Description: Inaccessible to children/Has all items

Noncompliance Area: On renewal inspection conducted 7/6/2022, first-aid kit in the Preschool room was on a table which was accessible to children. First-aid kit was missing adhesive bandages. An acceptable plan of correction was received with a correction date of 7/25/2022. When certification representative returned on 9/28/2022 for unannounced monitoring, the Preschool (Cranes) class was outside on the playground. First-aid kit located in the emergency bag had all necessary items; however, it was accessible to children. Rep observed a child going through the bag during monitoring.

Correction Required: A first-aid kit must be inaccessible to children. 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: 3270.113(b)

Description: No physical punishment

Noncompliance Area: During complaint investigation conducted 8/24/2022, it was verified that Staff #1 chased Child #1 into the bathroom and pushed her against the wall. Child #1 reports that the incident scared her and that she was crying as a result.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child.

Regulation: 3270.113(d)

Description: No harsh language

Noncompliance Area: During interviews with children conducted during unannounced monitoring on 8/24/2022, it was verified that Staff #1 used curse words in the presence of children.

Correction Required: A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: On complaint investigation conducted 7/28/2022, there were three staff members present with 36 young school-aged children in the Mat room. Staff #1 identified 12 children in their group, Staff #2 identified 9 children in their group, and Staff #3 identified 8 children in their group. 6 children were not assigned to a group. There were 18 preschool-aged children present in the Monkeys room. Staff #4 identified 9 children in their group. Staff #5 identified 7 children. Two children were not assigned to a group. The complaint investigation also found that on another occasion, Staff #5 was responsible for Child #1 another child wrapped a jump rope around his neck on the playground. Staff #5 reported that she was unaware that incident occurred. Noncompliance for 3270.113(a) and 3270.113(a)(1) were investigated underEVE-00075741 and cited under SIN-00208515.

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)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: On complaint investigation conducted 7/28/2022, there were three staff members present with 36 young school-aged children in the Mat room. Staff #1 identified 12 children in their group, Staff #2 identified 9 children in their group, and Staff #3 identified 8 children in their group. 6 children were not assigned to a group. There were 18 preschool-aged children present in the Monkeys room. Staff #4 identified 9 children in their group. Staff #5 identified 7 children. Two children were not assigned to a group. The complaint investigation also found that approximately two weeks ago, Staff #5 was responsible for Child #1 another child wrapped a jump rope around his neck on the playground. Staff #5 reported that she was unaware that incident occurred.

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)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: On complaint investigation conducted 7/28/2022, there were three staff members present with 36 young school-aged children in the Mat room. Staff #1 identified 12 children in their group, Staff #2 identified 9 children in their group, and Staff #3 identified 8 children in their group. 6 children were not assigned to a group. There were 18 preschool-aged children present in the Monkeys room. Staff #4 identified 9 children in their group. Staff #5 identified 7 children. Two children were not assigned to a group. The complaint investigation also found that approximately two weeks ago, Staff #5 was responsible for Child #1 another child wrapped a jump rope around his neck on the playground. Staff #5 reported that she was unaware that incident occurred.

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. Children must be supervised at all times. The operator must arrange for all staff to receive a minimum of 3 hours of PQAS approved, live training regarding Supervision & Ratio. It does not matter if the PQAS approved, live training is done through the ELRC. The operator must receive DHS approval of training content prior to scheduling the training. The training may not be conducted while children are in care.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: On unannounced inspection conducted 7/28/2022, file for NSOR clearance results were not on file for Staff #1. Staff #1 has been employed at the facility for more than 45 days. Staff #2 PSP clearance was a volunteer clearance.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Staff #1 and Staff #2 may not work in a child care position at the facility until proper clearances are on file. 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.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: On renewal inspection conducted 7/6/2022, plastic shopping bags were observed in the cubby area of the Cubs room and were accessible to children 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: 3270.111(b)

Description: Posted in group space

Noncompliance Area: On renewal inspection conducted 7/6/2022, written plan of daily activities were not posted in Preschool room.

Correction Required: The written plan of daily activities shall be posted in the group space.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: On renewal inspection conducted 7/6/2022, in Cubs room, there were two staff members in the room supervising 11 children. Each staff member initially named 5 children each, totaling 10. After bringing this to the staff's attention, one staff member admitted that she actually had 6 children assigned to her and then named 6 children.

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: 3270.124(e)

Description: Written emergency plan posted

Noncompliance Area: On renewal inspection conducted 7/6/2022, a written plan identifying the means of transporting a child to emergency medical care and staffing provisions in the event of an emergency were posted in Preschool, Mini-Cubs, or Mat rooms.

Correction Required: A written plan identifying the means of transporting a child to emergency care and staffing provisions in the event of an emergency shall be displayed conspicuously in every child care space and shall accompany a staff person who leaves on an excursion with children.

Regulation: 3270.134(a)/3270.152

Description: Child's hands washed/Adult Hygiene

Noncompliance Area: During renewal inspection conducted 7/6/2022, staff were observed to be preparing children's lunches without washing their hands. Children began eating without washing 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.A facility person shall wash his hands before meals and snacks, and after toileting and after diapering a child.

Regulation: 3270.151(a)/3270.151(c)(5)

Description: 12 months prior to service and every 24 months thereafter/Physician/CRNP assessment

Noncompliance Area: On renewal inspection conducted 7/6/2022, Health assessment for Staff #8 is dated 5/12/2021, which is after start-date (see LIS code sheet). Staff #12: Health assessment is only a visit summary and does not include the physician's or CRNP's assessment of the person's suitability to provide child care. Staff #14: Health assessment is dated 6/19/2020, which is past 24 months.

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.An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care.

Regulation: 3270.161(d)

Description: Potentially hazardous food refrigerated

Noncompliance Area: On renewal inspection conducted 7/6/2022, a sandwich containing cheese and lunch meat was observed in a child's lunchbox located in the cubby area in the Cubs room. A sandwich containing cheese and lunch meat and fruit was observed in a child's lunchbox located in the cubby area in the Cranes room. A yogurt was observed in a child's lunchbox located in the cubby area in the Dragons room.

Correction Required: Potentially hazardous food brought from the child's home or provided by the facility shall be refrigerated.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: On renewal inspection conducted 7/6/2022, there was no documentation that Staff #14 had been trained on the emergency plan. Staff #14 has been employed at the facility for more than 90 days (see LIS code sheet).

Correction Required: The operator shall assure that each facility person receives training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The operator shall document the date of each training and the names of all facility persons who received the training and kept on file at the facility.

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

Description: Fire safety - 1 yr.

Noncompliance Area: On renewal inspection conducted 7/6/2022, fire safety training is past one year in the following staff files: Staff #2: fire safety training last completed on 5/22/2021 Staff #8: fire safety training last completed on 5/22/2021 Staff #14: no fire safety training on file.

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)

Description: Health and Safety Training

Noncompliance Area: On renewal inspection conducted 7/6/2022, Staff person #13 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): CCDBG Health and Safety training.

Correction Required: Staff person(s) shall complete professional development in the topics of 3270.31(f)(1 -- 10) within 90 days of hire. Staff person #13 will have until 8/9/2022 to complete the required training. Until such time as the required training has been completed, staff person #13 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 #13, staff person #13 may not work in a child-care position at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: On renewal inspection conducted 7/6/2022, record for Staff #6 indicated that Mandated Reporter training was completed on 5/3/2022. Record for Staff #13 indicated that Mandated Reporter training was completed 6/3/2022. Staff #6 and Staff #13 had worked at the facility for more than 90 days when training was completed (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.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: On renewal inspection conducted 7/6/2022, there was no staff evaluation on file for Staff #2. Staff #2 has been employed at the facility for more than one year (see LIS code sheet for hire date).

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: On renewal inspection conducted 7/6/2022, electrical outlets accessible to children 5 years of age or younger were exposed in the Preschool Room.

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: On renewal inspection conducted 7/6/2022, sanitizing solution on a low shelf and a Swiffer Wet Jet with solution, both labeled "Keep out of reach of children" were observed to be accessible to children. Sanitizing solution was also found to be accessible to children in the Boys' and Girls' bathrooms in the hallway.

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: 3270.74

Description: Emergency Numbers Posted

Noncompliance Area: On renewal inspection conducted 7/6/2022, emergency telephone numbers were not posted in the Infant room.

Correction Required: The telephone number of the nearest hospital, police department, fire department, ambulance and poison control center shall be posted by each telephone in the facility.

Regulation: 3270.75(b)/3270.75(c)

Description: Inaccessible to children/Has all items

Noncompliance Area: On renewal inspection conducted 7/6/2022, first-aid kit in the Preschool room was on a table which was accessible to children. First-aid kit was missing adhesive bandages.

Correction Required: A first-aid kit must be inaccessible to children. 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: 3270.76/3270.77(a)

Description: Building Surfaces/No peeling paint or plaster

Noncompliance Area: On renewal inspection conducted 7/6/2022, stained ceiling tiles were observed in the Monkey Room. On renewal inspection conducted 7/6/2022, peeling paint was observed near the whiteboard in the Cranes room.

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

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: On renewal inspection conducted 7/6/2022, hand washing signs were not posted in the bathrooms of Eagles, Kindergarten, or Mat rooms.

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.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: During electronic review of several staff files on 9/13/21 cert rep observed that STAFF # 1 file contained one of the two required written nonfamily references.

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

Noncompliance Area: Child #1 was having behavior issues on 9/16/19. Facility person #2 brought Child #1 into the office to call his parents, at this time Facility person #1 placed Child #1 on his lap and wrapped his arms and legs around the child's arms and legs and forced Child #1 to sit on Facility person #1's lap for approximately 10 minutes.

Correction Required: A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.