Celeste Gutierrez Rodriguez

Regulation: 3290.94(a)(1)

Description: Every 60 days

Noncompliance Area: Fire drills were not conducted in over 60 days from 3/1/25 to 5/29/25.

Correction Required: The operator 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: 3290.102(a)

Description: Clean and good repair

Noncompliance Area: There is a plastic child's chair used by the children that is cracked and not in good repair.

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: 3290.105(a)

Description: Clean, age appropriate

Noncompliance Area: Pack and play used by a young toddler and the facility cots are not labeled for the children they are being used by.

Correction Required: Individual, clean, age-appropriate rest equipment shall be provided for preschool, toddler and infant children as agreed between the parent and the operator. The rest equipment must be labeled with the child's name and used only by the named child while enrolled in the program.

Regulation: 3290.166(4)

Description: Bottles labeled

Noncompliance Area: There are 2 bottles used by 2 separate children that are not labeled.

Correction Required: Disposable nursers and bottles shall be labeled with the child's name.

Regulation: 3290.31(f)/3290.31(g)

Description: Age and training/Age and training

Noncompliance Area: Facility staff # 1 hired and working in childcare over 90 days does not have the 10-hour 2022 health and safety training. Facility staff # 1 did not complete 12 hours annual childcare training.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of childcare training. Staff persons shall complete professional development within 90 days of hire as listed in subsections (g)1-10. Facility staff # 1 needs to complete the 10 hour Revised 2022 Health and safety training by 8/27/24. If facility staff # 1 does not complete the required training by 8/27/24, then facility staff # 1 must be removed from childcare until the training is complete and on file.

Regulation: 3290.32(a)

Description: Comply with CPSL

Noncompliance Area: Facility staff # 1 does not have mandated reporter training completed in over 60 months since 9/4/15.

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

Regulation: 3290.69

Description: Heat Source

Noncompliance Area: Facility kitchen stove does not have a stove guard and is accessible to the children.

Correction Required: Hot water pipes and other sources of heat exceeding 110° F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact.

Regulation: 3290.131(a)

Description: Within 60 days

Noncompliance Area: During the renewal inspection, child #1, child #2, child #3 and child #4 did not have an initial health report on file within 60 days following the first day of attendance.

Correction Required: The operator shall require the parent of an enrolled child to provide an initial health report no later than 60 days following the first day of attendance at the facility.

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: During the renewal inspection, the operator did not have a written policy identifying the recognition of potential signs and symptoms of shaken baby syndrome and abusive head trauma, strategies for coping with a crying, fussing, or distraught child; and address the prevention and identification of child maltreatment.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The provider's written policy must include, but is not limited to recognition of potential signs and symptoms of shaken baby syndrome and abusive head trauma, strategies for coping with a crying, fussing, or distraught child; and address the prevention and identification of child maltreatment

Regulation: 3290.181(c)/3290.182(8)

Description: Emergency info/agreement updated 6 mos/Copy of initial and subsequent agreements. Parent receives original.

Noncompliance Area: During the renewal inspection, child #1 through child #5 did not have the emergency contact form and agreement signed by the parent at the time of initial enrollment.

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

Regulation: 3290.31(g)

Description: Age and training

Noncompliance Area: During the renewal, staff person #1 did not complete the required one-hour 2022 update to the health and safety training by 12/30/2022.

Correction Required: Staff person #1 shall complete the required one-hour 2022 update to the health and safety training by 7/26/23.

Regulation: 3290.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: During an a renewal inspection on 7/6/22, child #1 - child #5 did not have the address of the enrolling parent on the emergency contact form.

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

Regulation: 3290.131(c)/3290.131(d)(5)

Description: Written and signed by physician, PA, CRNP./Immunization record

Noncompliance Area: During a renewal inspection on 7/6/22, child #3 did not have a health assessment that was signed by a physician on file. Child #2, #4, and #5 did not have annual influenza vaccinations or letters of exemption from the parent for the influenza vaccine on file.

Correction Required: A health report must be written and signed by a physician, physician's assistant or a CRNP. The signature must include the individual's professional title. A health report shall include a review of the child's immunized status according to recommendations of the ACIP.

Regulation: 3290.18/3290.24(g)

Description: General Health and Safety/Emergency plan

Noncompliance Area: During the renewal inspection on 7/6/22, the family child care operator did not have requirements for volunteer emergency preparedness training, practice drills and continuity of operations included in their emergency plan. The operator was not in compliance with federal requirements with 45 CFR § 98.41(a)(1)(vii). The operator did not have verification that the emergency plan updates were sent to the City of Allentown and Lehigh County Emergency Management Agency for review.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency. The facility shall have an emergency plan. The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency. To maintain full compliance with 45 CFR § 98.41(a)(1)(vii), child care facilities must have requirements for volunteer emergency preparedness training, practice drills and continuity of operations included in their emergency plan.

Regulation: 3290.22(b)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: During the renewal inspection on 7/6/22, the operator did not have verification that Chapter 3290 regulations are being sent electronically to the parent of each enrolled child.

Correction Required: The operator shall provide the parent of each child enrolled in the facility with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional child care office.

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During a renewal inspection on 7/6/22, staff #1 did not have a copy of the signed disclosure statement on file.

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.

Noncompliance Area: Facility person # 1 did not have clearances updated within 60 months. State police clearances 7/20/15 to 9/12/20. Child abuse clearance 8/13/15 to 9/17/20 and FBI clearance from 7/15/15 to 9/14/20. Facility person # 1 and # 2 did not have the NSOR clearance on file by July 1, 2020 as stated per CPSL.

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.

Noncompliance Area: The thermometer in the kitchen refrigerator had a thermometer inside however, thermometer was broken and did not work.

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.

Noncompliance Area: Emergency contact information for child 1 does not include the address of the individual designated by the parent to whom the child may be released.

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.

Noncompliance Area: Staff 1 does not have a updated/current health assessment on file. Staff 1 last health assessment on file is dated 5.25.17

Correction Required: 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.

Noncompliance Area: Inspector observed a baby bottle sitting on the counter in the kitchen. Baby bottle was not labeled with child's name.

Correction Required: Disposable nursers and bottles shall be labeled with the child's name.

Noncompliance Area: The door leading to the basement was unlocked. On the landing leading to the basement, inspector observed a case of Corona beers which is accessible to children.

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

Noncompliance Area: Inspector observed 3 cans of paint on the floor in the child care space that is accessible to children in care.

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 kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

Noncompliance Area: When inspector arrived, inspector observed provider cooking on a stove that does not have a stove guard. Child 2 was present and stove is accessible to children.

Correction Required: Hot water pipes and other sources of heat exceeding 110 F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact.

Noncompliance Area: Window in the kitchen was opened but the opening was not limited to 6 or fewer inches. Inspector measured the opening of the window with state issued measuring tape. Opening of window was 11 inches.

Correction Required: Windows or doors above the ground floor that open directly to the outdoors and are accessible to children shall be constructed, modified or adapted to limit the opening to 6 or fewer inches.

Noncompliance Area: During allocated unannounced visit on 5/8/18, inspector did not observe any play equipment and materials appropriate to the developmental needs, individual interests and ages of the children. Inspector asked staff 1 where the play equipment is for the children and staff 1 stated she put them in the basement for modification. Children were watching television. On 7/10/18 a renewal inspection was conducted. Inspector observed approx., 8-10 toys, for infants and young toddlers. Inspector did not observe a sufficient amount and variety of play equipment and materials for individual interests and ages of the children to preclude long waits for use.

Correction Required: Play equipment and materials appropriate to the developmental needs, individual interests and ages of the children shall be provided in sufficient amount and variety to preclude long waits for use. Play equipment and materials shall include the items specified at 3290.101(c)(1) - (6).

Noncompliance Area: Inspector did not observe play equipment and materials that include materials for dramatic role playing and toys and materials for cognitive development.

Correction Required: Play equipment and materials shall include materials for dramatic role playing. Play equipment and materials shall include toys and materials for cognitive development.

Noncompliance Area: Inspector did not observe play equipment and materials that include toys and materials for visual development and toys and materials for auditory development.

Correction Required: Play equipment and materials shall include toys and materials for visual development. Play equipment and materials shall include toys and materials for auditory development.

Noncompliance Area: Inspector did not observe play equipment and materials that include toys to handle and manipulate and art materials for tactile development and toys and equipment for large muscle development.

Correction Required: Play equipment and materials shall include toys to handle and manipulate and art materials for tactile development. Play equipment and materials shall include toys and equipment for large muscle development.

Noncompliance Area: Inspector did not observe play equipment that facilitates the child's emotional, cognitive, communicative, perceptual-motor, physical and social development. Inspector observed the providers son and children 6 and 7 cursing in the facility. Children were saying "fuck" and "shit".

Correction Required: Play equipment shall facilitate the child's emotional, cognitive, communicative, perceptual-motor, physical and social development.

Noncompliance Area: While conducting the renewal inspection, provider was unaware that children 6 and 7 left the providers house and were nowhere in site. Provider sent child 5 to go look for children 6 and 7.

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. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio). Children must be supervised at all times.

Noncompliance Area: Children 1, 2, 3 and 4 have been enrolled for more than 6 months and do not have an updated child service report on file. Child service reports on file for all four children are dated 8/10/17.

Correction Required: An agreement shall specify 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 at 3290.124(e).

Noncompliance Area: Fee agreement for children 5, 6 and 7 do not specify the date of the child's admission.

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

Noncompliance Area: Emergency contact forms for children 4, 5, 6 and 7 do not reference who shall be contacted in an emergency.

Correction Required: Emergency contact information is required for each enrolled child. Emergency contact information must reference who shall be contacted in an emergency.

Noncompliance Area: Emergency contact forms for children 5, 6 and 7 do not include the address and telephone number of the child's physician or source of medical care.

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

Noncompliance Area: Emergency contact form for children 5, 6 and 7 do not include health insurance coverage and policy number for a child under a family policy or Medical Assistance benefits.

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.

Noncompliance Area: Child 1, 5, 6 and 7 do not have an updated fee agreement and emergency contact form on file. Children 5, 6, and 7 have emergency contact forms and fee agreement's on file dated 10/29/17. Child 1 has a fee agreement and emergency contact form on file dated 8/11/17.

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.

Noncompliance Area: Children 5, 6, and 7 do not have health reports on file.

Correction Required: The initial health report for a school-age child must be dated in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code 23.2 (relating to medical examinations).

Noncompliance Area: Child 3's health report does not include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Correction Required: A health report shall include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Noncompliance Area: In the bathroom used by the children, inspector did not observe soap for children to wash their hand or towels for children to dry 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.Paper towels may be used as towels and washcloths. Paper towels shall be discarded after each use.

Noncompliance Area: On 7/10/18 a renewal inspection was conducted. Provider failed to provide inspector with files for children 8 and 9.

Correction Required: A staff person shall provide to agents of the Department immediate access to the facility, the children and the files and recordsAn operator shall establish and maintain an individual record for each child enrolled in the facility.

Noncompliance Area: Staff 1 did not review emergency plan annually. Staff 1 reviewed the emergency plan 4/8/16 and 8/31/17.

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.

Noncompliance Area: Inspector observed rodent infestation (droppings) in the bathroom by the radiator.

Correction Required: Evidence of infestation of insects or rodents in the facility is not permitted.

Noncompliance Area: During allocated unannounced visit on 5/8/18, inspector did not observe any play equipment and materials appropriate to the developmental needs, individual interests and ages of the children. Inspector asked staff 1 where the play equipment is for the children and staff 1 stated she put them in the basement for modification. Children were watching television.

Correction Required: Play equipment and materials appropriate to the developmental needs, individual interests and ages of the children shall be provided in sufficient amount and variety to preclude long waits for use. Play equipment and materials shall include the items specified at 3290.101(c)(1) - (6).

Noncompliance Area: Inspector observed staff 1 give children snacks and did not wash children's hand or her hands before providing snack.

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.

Noncompliance Area: Inspector observed 4 electrical outlets exposed. 2 of the outlets are on the same wall as the window in the dining room and the other 2 out lets are on the long wall in the dining room. Inspector observed 4 children in care at time of visit and 3 of the children have access to the electrical outlets. 1 child was in the play pen and appeared to be an infant. the other 3 children appeared to be preschool children.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Noncompliance Area: Inspector observed ''Joy'' soap that is labeled ''keep out of reach of children'' in the unlocked cabinet in the bathroom.

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 kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

Noncompliance Area: Inspector observed a broken tile in the kitchen on the floor in front of the refrigerator.

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

Noncompliance Area: THE THERMOMETER IN THE REFRIGERATOR REGISTERED AT 70 F. PROVIDER ADMITTED THE REFRIGERATOR WAS BROKEN AT TIME OF INSPECTION.

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.

Noncompliance Area: PROVIDER DOES NOT HAVE A DAILY SCHEDULE POSTED. CHILDREN WERE WATCHING TELEVISON FOR THE DURATION OF THE INSPECTION WHICH WAS APPROXIMATELY 2 1/2 HOURS.

Correction Required: A written plan of daily activities and routines, including a time for free play shall be established for each group. The plan shall be flexible to accommodate the needs of individual children and the dynamics of the group. The written plan of daily activities and routines shall be posted in a traffic area used by parents.

Noncompliance Area: CHILD 1, 2 AND 3 HAVE BEEN ENROLLED FOR MORE THAN 6 MONTHS AND DO NOT HAVE UPDATED CHILD SERVICE REPORTS ON FILE.

Correction Required: An agreement shall specify 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 at 3290.124(e).

Noncompliance Area: CHILD 2 HAS A HEALTH ASSESSMENT ON FILE THAT DOES NOT STATE THAT CHILD IS ABLE TO PARTICIPATE IN CHILD CARE AND APPEARS TO BE FREE FROM COMMUNICABLE DISEASE.

Correction Required: A health report shall include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Noncompliance Area: INSPECTOR OBSERVED BOTTLES THAT ARE NOT LABELED WITH CHILDRENS NAMES.

Correction Required: Disposable nursers and bottles shall be labeled with the child`s name.

Noncompliance Area: CHILDREN 4, 5 AND 6 DO NOT HAVE A FILE.

Correction Required: An operator shall establish and maintain an individual record for each child enrolled in the facility.

Noncompliance Area: STAFF 1 DID NOT UPDATE THE EMERGENCY PLAN. LAST UPDATE ON THE EMERGENCY PLAN WAS 4/8/2016.

Correction Required: The operator shall review the emergency plan at least annually and update the plan as needed. The operator shall document in writing each review and update of the emergency plan. 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.

Noncompliance Area: STAFF 1 HAS FIRST-AID TRAINING ON FILE DATED 7/12/15.

Correction Required: Competence in first-aid is demonstrated by the completion of training by a professional in the field of first-aid. First-aid training shall be renewed on or before expiration of certification or every 3 years, as applicable.

Noncompliance Area: STAFF 1 DOES NOT HAVE ANY CHILD CARE TRAINING ON FILE.

Correction Required: A staff person shall obtain an biennial minimum of 12 clock hours of child care training.A facility person`s record shall include records of training required by the Department.

Noncompliance Area: IN THE BATHROOM,INSPECTOR OBSERVED SPIC AND SPAN ANTIBACTERIAL CLEANER ON THE RADIATOR. INSPECTOR OBSERVED FABULOSO UNDER THE SINK IN THE UNLOCK CABINET IN THE BATHROOM. BOTH TOXICS ARE LABELED KEEP OUT OF REACH OF CHILDREN AND ARE ACCESSIBLE TO CHILDREN.

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 kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

Noncompliance Area: PROVIDER USES STOVE TO COOK LUNCH AND DOES NOT HAVE A STOVE GUARD ON THE STOVE. THE CHILDREN HAVE TO WALK TROUGH THE KITCHEN PAST THE STOVE IN ORDER TO GET TO THE BATHROOM.

Correction Required: Hot water pipes and other sources of heat exceeding 110 F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact.

Noncompliance Area: INSPECTOR OBSERVED A HOLE IN THE DOOR LEADING TO THE BATHROOM.

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