Brightside Academy Inc

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Based on interviews with staff and video evidence, Staff #1, who was reading a story to children, reached back behind themselves and grabbed a child, then hit their head with their hand and aggressively made the child sit down in front of them.

Correction Required: 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: Observed dirt and debris under the mats of the diaper changing tables in the young toddler and infant rooms.

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: 3270.151(a)/3270.192(3)

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

Noncompliance Area: The initial health assessment in the file for Staff Person #4 was not dated or signed by the physician's assistant who conducted the exam, so it could not be determined if the assessment was timely with the staff person's date of hire.

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)(5)

Description: Physician/CRNP assessment

Noncompliance Area: The health assessment in the file for Staff Person #2 did not include the physician's or CRNP's assessment of the person's suitability to provide child care.

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

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: Observed loose-fitted sheets in three of the pack n plays in the infant room.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The disclosure statements in the files for Staff Person #2, #5 and #6 were on outdated forms and not valid. The disclosure statement in the file for Staff Person #3 was not witnessed and is not valid.

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: 3270.36(b)(5)/3270.192(2)(iv)

Description: HS/GED + 2 yrs/Transcript, diploma and letters

Noncompliance Area: The file for Staff Person #1, an Assistant Group Supervisor with a HSD/GED did not include documentation of two years childcare experience.

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 2 years experience with children. A facility person's record shall include acceptable verification of experience, education or training is a transcript or a diploma or a letter signed by a representative of the experiential, educational or training entity.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: Observed two electrical outlets in the gym and one electrical outlet in the infant room, which lacked protective receptacle covers.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: Observed peeling, flaking paint by the women's restroom in the older toddler room.

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

Regulation: 3270.182(7)

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

Noncompliance Area: Based on interviews with staff and review of documents, it was verified that Child #1 sustained an injury on 9/29 in Room 2 at 3:36 PM. Child #1 fell onto a shelf, which resulted in a bump on the child's forehead. Staff Person #1, who was responsible for supervising the child, did not provide an incident report to the parent on the day of the injury.

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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: Observed cracks, which create sharp edges, in a clear plastic toy bin in Room #3 and a purple toy bin in the summer camp room.

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: Observed peeling plastic, which exposed the inner foam, of a staff chair in Room #4. Observed teeth marks in the foam blocks in Room #3. This presents a potential choking hazard for children who may still be 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: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: On 9/4/25 at 10:00 AM, Staff Person #7, #8 and #9 were supervising 8 older toddlers in Room #1. When asked to identify the children in their groups, Staff Person #8 and #9 each identified three children. Staff Person #7 was unable to name the two children they were supervising.

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(c)

Description: Each child care space

Noncompliance Area: Emergency Contact Forms were not present in Room #1 for Child #1 or Room #4 for Child #2, who were receiving care in those rooms.

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(a)/3270.182(1)

Description: Health information/Initial and subsequent health reports

Noncompliance Area: The files for Child #4 and #5, who have been enrolled for more than 60 days, did not include an initial health report.

Correction Required: The operator shall require the parent of an enrolled child, including a child, a foster child and a relative of an operator or a facility person, to provide an initial health report no later than 60 days following the first day of attendance at the facility. 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 #3 did not contain an immunization record. The parental exemption was on a pre-filled form that is not acceptable.

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 9/4/25 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

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 file for Staff Person #6 exceeded 24 months between assessments.

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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The initial emergency plan training in the file for Staff Person #3 was conducted more than 90 days after the staff person's initial day in child care (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)(i)

Description: Age and Training

Noncompliance Area: The most recent Pediatric First Aid/CPR Certifications in the files for Staff Person #1, 5 and 6 were acquired after the previous certifications had expired.

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: The most recent annual fire safety trainings in the files for Staff Person #1, 4 and 6 exceeded 12 months between trainings.

Correction Required: Staff persons shall participate, at least annually, in fire safety 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: The most recent Child Abuse and FBI Clearances in the file for Staff Person #1 exceeded 60 months between clearances. The NSOR Certificate in the file for Staff Person #2 was acquired after the staff person's first day working in child care (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: 3270.33(a)/3270.192(2)(ii)

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

Noncompliance Area: The file for Staff Person #9 contained a foreign degree, which has not been evaluated by a service that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators (AICE).

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: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: Observed an electrical outlet that lacked a protective receptacle cover in the hallway outside Room #7.

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

Regulation: 3270.67(d)

Description: Contaminated trash in closed plastic-lined receptacle

Noncompliance Area: Observed a waste can, which lacked a plastic liner, and contained soiled Kleenex in Room #2.

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

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first aid kit in Room #3 lacked scissors. The first aid kit in Room #7 lacked tweezers and tape.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed a loose, broken ceiling tile in the far corner or Room #8.

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: Observed flaking paint and plaster under the window in Room #1. Observed peeling paint by the women's room in Room #4.

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(e)

Description: Toilet and sinks proper height

Noncompliance Area: Observed Staff Person #8 lift a child up to wash the child's hands in Room #1. The sink in the room is not at proper height for children using it nor did the sink have platforms or steps for children to use.

Correction Required: Toilets and sinks shall be at proper heights for children using them or shall be easily approached by means of platforms or steps.

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: Observed the toilet in the women's room attached to Room #4 and two sinks in the 2nd floor men's room, which lacked handwashing signs.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Based on conversations with staff and review of video footage, the following was verified: On 9/13/24 at 8:14 AM, Staff Person #1 and #2 were involved in a physical altercation in the lobby of the facility. At this time, Staff Person #3 and #4 were supervising 6 children (2 infants and 4 young toddlers) in Classroom 4. Staff Person #3 and #4 left these children alone and unsupervised when they left the room to deescalate the fight. At this time, Staff Person #5 was supervising 2 older toddlers in Room 1. When Staff Person #5 noticed that the children in Room #4 were left alone, Staff Person #5 left the room for approximately ten seconds, but quickly returned. This briefly left 2 older toddlers alone and unsupervised in Room #1. Upon return, Staff Person #5 took her 2 older toddlers to Room 4. This placed Staff Person #5 over ratio in Room #4 until Staff Person #3 and #4 returned. This incident resulted in non-compliance with ratio/supervision during the following times: 8:14:00-8:14:40 Six children (2 infants, 4 young toddlers) alone and unsupervised in Room #4 for forty seconds when Staff Person #3 and #4 left the room. 8:14:30-8:14:40 Two older toddlers alone and unsupervised in Room #1 for ten seconds when Staff Person #5 left the room. 8:14:40-8:15:09 Staff Person #5 over ratio for 29 seconds in Room 4 (2 infants, 4 young toddlers, 2 older toddlers).

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: Based on conversations with staff and review of video footage, the following was verified: On 9/13/24 at 8:14 AM, Staff Person #1 and #2 were involved in a physical altercation in the lobby of the facility. At this time, Staff Person #3 and #4 were supervising 6 children (2 infants and 4 young toddlers) in Classroom 4. Staff Person #3 and #4 left these children alone and unsupervised when they left the room to deescalate the fight. At this time, Staff Person #5 was supervising 2 older toddlers in Room 1. When Staff Person #5 noticed that the children in Room #4 were left alone, Staff Person #5 left the room for approximately ten seconds, but quickly returned. This briefly left 2 older toddlers alone and unsupervised in Room #1. Upon return, Staff Person #5 took her 2 older toddlers to Room 4. This placed Staff Person #5 over ratio in Room #4 until Staff Person #3 and #4 returned. This incident resulted in non-compliance with ratio/supervision during the following times: 8:14:00-8:14:40 Six children (2 infants, 4 young toddlers) alone and unsupervised in Room #4 for forty seconds when Staff Person #3 and #4 left the room. 8:14:30-8:14:40 Two older toddlers alone and unsupervised in Room #1 for ten seconds when Staff Person #5 left the room. 8:14:40-8:15:09 Staff Person #5 over ratio for 29 seconds in Room 4 (2 infants, 4 young toddlers, 2 older toddlers).

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: 3270.113(d)

Description: No harsh language

Noncompliance Area: Based on conversations with staff, it was verified that Staff Person #3 and #4 were observed arguing with each other and using profanity in the presence of children on 9/24/24 and 9/25/24 in Room 4.

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

Regulation: 3270.52

Description: Mixed Age Level

Noncompliance Area: Based on conversations with staff and review of video footage, the following was verified: On 9/13/24 at 8:14 AM, Staff Person #1 and #2 were involved in a physical altercation in the lobby of the facility. At this time, Staff Person #3 and #4 were supervising 6 children (2 infants and 4 young toddlers) in Classroom 4. Staff Person #3 and #4 left these children alone and unsupervised when they left the room to deescalate the fight. At this time, Staff Person #5 was supervising 2 older toddlers in Room 1. When Staff Person #5 noticed that the children in Room #4 were left alone, Staff Person #5 left the room for approximately ten seconds, but quickly returned. This briefly left 2 older toddlers alone and unsupervised in Room #1. Upon return, Staff Person #5 took her 2 older toddlers to Room 4. This placed Staff Person #5 over ratio in Room #4 until Staff Person #3 and #4 returned. This incident resulted in non-compliance with ratio/supervision during the following times: 8:14:00-8:14:40 Six children (2 infants, 4 young toddlers) alone and unsupervised in Room #4 for forty seconds when Staff Person #3 and #4 left the room. 8:14:30-8:14:40 Two older toddlers alone and unsupervised in Room #1 for ten seconds when Staff Person #5 left the room. 8:14:40-8:15:09 Staff Person #5 over ratio for 29 seconds in Room 4 (2 infants, 4 young toddlers, 2 older toddlers).

Correction Required: When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements in § 3270.51 (relating to similar age level).

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: Observed plastic bags in the toy box on the floor in Room #4. This presents a potential hazard to children who may still be 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: The daily activity schedule was not posted in Room #8.

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 10/1/24 at approximately 9:00 AM in Room #4, Staff Person #2 and #3 were each supervising a group of 4 children (infants and young toddlers). Each staff person was only able to name three of the children in their assigned groups. Staff Person #2 failed to name Child #1 and Staff Person #3 failed to name Child #2, who were in their assigned groups.

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

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

Noncompliance Area: The most recent updated health reports in the file for Child #3, a preschool child, exceeded 12 months between reports.

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: 3270.166(4)

Description: Bottles labeled

Noncompliance Area: Observed a bottle for Child #1, an infant, which was not labeled.

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

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

Description: Fire safety - 1 yr.

Noncompliance Area: The most recent annual fire safety trainings in the file for Staff Person #1 exceeded 12 months between trainings: 7/28/23-9/25/24.

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: 3270.66(b)

Description: Original container

Noncompliance Area: Observed spray bottles of Lysol cleaner in Room #4 and Room #8 that were not labeled.

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 Room #8 lacked tweezers, tape and gauze.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed a cracked electrical outlet cover and ceiling tiles, discolored from water damage, in the center of the ceiling in the 1st floor gym.

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: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: The hallway exit near Room #4 was blocked by car seats and broken appliances, which were to be discarded.

Correction Required: Stairways, hallways, exits from rooms, exits from the facility and other means of egress serving as an exit shall be unobstructed.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: Observed small multi-colored rocks, which were accessible to children, in an unlocked toy cabinet in the toddler room. This creates a potential choking hazard for children who may still be 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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #2 and #3 were observed to be caring for children unsupervised. Staff person #2 and #3 have not completed the following pre-service training required prior to caring for children unsupervised: Pediatric First Aid/CPR in an approved curriculum from a PQAS Instructor.

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. Until such time as the required pre-service trainings are completed, staff person #2 and #3 must be supervised, when interacting with children, by an AGS or higher who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #2 and #3, staff person #2 and #3 may not work in a child-care position at the facility.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The files for Staff Person #1, #5 and #6, who have been working for more than 90 days, did not include documentation of Emergency Plan Training. (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(f)(10)

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

Noncompliance Area: The Pediatric First Aid/CPR certification in the file for Staff Person #6 was completed more than 90 days after the staff person's first day working with children. (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 #4, who has been working for more than 45 days, did not include an FBI 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. Facility Person #4 may not work in a child care position at the facility.

Regulation: 3270.123(a)(1)

Description: Amount of fee

Noncompliance Area: The fee agreement in the file for Child #3 did not specify the fee amount.

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

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 most recent updated health reports in the file for Child #2, a Preschool Child, exceeded 12 months between reports.

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 #2 did not include documentation of a flu shot conducted within the past year or 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 #2 must be dismissed from care by close of business 10/11/23 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The most recent health report in the file for Child #1 did 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.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The one-hour health and safety update in the file for Staff Person #3 was conducted after the prescribed timeframe of 12/30/23. The file for Staff Person #2did not include documentation of the one-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: 3270.166(4)

Description: Bottles labeled

Noncompliance Area: Observed two bottles in the infant room that were not labeled with the name of Child #4.

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

Regulation: 3270.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: The most recent parental updates for the emergency contact forms and fee agreements in the files for Child #1 and #2 exceeded 6 months between updates.

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.

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

Description: Age and Training

Noncompliance Area: The current pediatric CPR/FA certification in the file for Staff Person #2 was taken after the previous certification had expired.

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: The most recent fire safety trainings in the file for Staff Person #2 exceeded 12 months between trainings.

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: The pediatric first aid/CPR certification in the file for Staff Person #1 was conducted more than 90 days after the staff person's start date (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: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed a cracked ceiling tile above the sink area in Room #7. Observed protruding staples from an open storage box in Room #9.

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: Based on conversation with Brightside Regional Manager, it was confirmed that the following incident took place on May 15, 2023, at 4:11 p.m.; it was observed that Staff Person #1 was washing Child #1's hands after the child had dug into their soiled diaper. Then while holding the Child #1 hands under the water, Staff Person #1 flicked Child #1's hand.

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

Regulation: 3270.113(c)

Description: No ridicule or threaten harm

Noncompliance Area: Based on conversation with Brightside Regional Manager, it was confirmed that the following incident took place, on May 15, 2023, at 4:11 p.m.; it was observed that a Staff Person #1 was washing Child #1's hands after the child had dug into their soiled diaper. Then while holding Child's # 1 hands under the water, Staff Person #1 flicked Child #1's hand.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family.

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: Based on conversations, it was confirmed that Child #1 received a scratch on the back as a result of a shirt tag that had not been removed. Copies of this incident were not in the child's file or the facility's accident file.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Originally cited on 8/9/22, On 11/10/22, between 12:45 and 1:15 PM (naptime), identification cards system was not being properly implemented in five of the six rooms where children were in care. In the Young Toddler Room: Staff Person #1 was supervising a group of five young toddlers. Staff Person #1 had cards on her lanyard for only two of the five children in care. The other three cards were located in a desk drawer in the room. In the Infant Room: Staff Person #2 and #3 were supervising a group of five infants. Staff Person #2 had two of the cards on her lanyard. Staff Person #3 had two of the cards on her lanyard. The other card was located with another staff person who was on break outside of the room. In the Older Toddler Room: Staff Person #4 was supervising nine younger/older toddlers who were napping. Staff Person #4 had only four of the cards on her lanyard. Staff Person #5, who was on break and not in the room, had three of the cards on her lanyard. Two of the cards were located in a desk drawer. In the Young Toddler, Infant, and Older Toddler Rooms, Staff also had additional cards on their lanyards for children who were not currently in attendance. Preschool #1: Staff Person #6 was supervising seven preschool children. Staff Person #6 had all seven cards on her lanyard, but also had three additional cards on her lanyard for children who were not currently in attendance.

Correction Required: The facility will develop and implement a tangible hands-free system for identifying specific children for whom each staff person is responsible and for tracking children during transition periods. All staff will utilize the identification method appropriately at all times while on duty at the facility. When a new child enrolls at the facility, a supervision card will be present at the facility on the child's first day of attendance.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: Observed two broken crayons, which were smaller than 1 inch in diameter, in the Toddler Room. This creates a potential choking hazard for 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(a)(4)

Description: Arrival/departure times

Noncompliance Area: The fee agreement in the file for Child #1did not include the child's departure time.

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

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

Description: Exemption documentation from parent/guardian/Initial and subsequent health reports

Noncompliance Area: The most recent immunization records in the files for Child #1 and #2 did not contain documentation of a flu shot administered within the past 12 months or a letter of exemption from the parent or physician.

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. 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 emergency plan for the facility did not include requirements for continuity of operations (backing up or retrieving health and other key records/files and managing financial issues such as paying employees and bills during the aftermath of the disaster).

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)/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 file for Staff Person #4 exceeded 24 months between assessments.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The Out-of-State Clearance Application in the file for Staff Person #1 was dated 8/9/22. The NSOR Application in the file for Staff Person #1 was dated 8/24/22. Each of these were after the staff person's first day in child care. The file for Staff Person #1 does not yet include Our of State Child Abuse Clearance for WV. The required Out-of-State Child Abuse application for Staff Person #2 was dated 9/19/22. The required state sex offender check (Georgia) for Staff Person #2 was dated 9/2/22. Each of these was after the staff persons' first day working in child care. The disclosure statement in the file for Staff Person #3 was not dated.

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 may not work in a child care position at the facility.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: The ceiling vents and surrounding ceiling tiles in Room #8 and Room #9 were dirty.

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(a)

Description: Supervised at all times

Noncompliance Area: According to staff statements during complaint investigation, it was verified that on 5/25/22 at approximately 4:30PM, Staff Person #1 left Child #1 alone and unsupervised in Classroom 7 (PreK Counts) for approximately 2-3 minutes when staff #1 took 4 preschool children in her group to another classroom. The child was found in the classroom alone and unsupervised sitting on the couch by another staff person.

Correction Required: The Legal Entity will require all staff persons at the facility to attend a minimum 2-hour in-person training regarding supervision of children presented by the ELRC within 1 month of the approval of this plan of correction. The training may count towards the mandatory 12 training hours required by the Department.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: According to staff statements during complaint investigation, it was verified that on 5/25/22 at approximately 4:30PM, Staff Person #1 left Child #1 alone and unsupervised in Classroom 7 (PreK Counts) for approximately 2-3 minutes when staff #1 took 4 preschool children in her group to another classroom. The child was found in the classroom alone and unsupervised sitting on the couch by another staff person.

Correction Required: The Legal Entity must develop a site-specific supervision policy. The policy shall specifically address how supervision will be maintained in all groups when children move during transition periods. This policy will be discussed in detail with all regular and substitute staff. All staff will sign and date an attestation that they understand this supervision policy and that the policy is in effect immediately. The policy will be posted conspicuously in all child care rooms of the facility.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: According to staff statements during complaint investigation, it was verified that on 5/25/22 at approximately 4:30PM, Staff Person #1 left Child #1 alone and unsupervised in Classroom 7 (PreK Counts) for approximately 2-3 minutes when staff #1 took 4 preschool children in her group to another classroom. The child was found in the classroom alone and unsupervised sitting on the couch by another staff person.

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)

Description: Supervised at all times

Noncompliance Area: According to staff statements during complaint investigation, it was verified that on 5/25/22 at approximately 4:30PM, Staff Person #1 left Child #1 alone and unsupervised in Classroom 7 (PreK Counts) for approximately 2-3 minutes when staff #1 took 4 preschool children in her group to another classroom. The child was found in the classroom alone and unsupervised sitting on the couch by another staff person.

Correction Required: The facility will develop and implement a tangible hands-free system for identifying specific children for whom each staff person is responsible and for tracking children during transition periods. All staff will utilize the identification method appropriately at all times while on duty at the facility. When a new child enrolls at the facility, a supervision card will be present at the facility on the child's first day of attendance.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: According to staff statements during complaint investigation, it was verified that on 5/25/22 at approximately 4:30PM, Staff Person #1 left Child #1 alone and unsupervised in Classroom 7 (PreK Counts) for approximately 2-3 minutes when staff #1 took 4 preschool children in her group to another classroom. The child was found in the classroom alone and unsupervised sitting on the couch by another staff person.

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: 3270.51

Description: Similar Age Level

Noncompliance Area: According to staff statements during complaint investigation, it was verified that on 5/25/22 at approximately 4:30PM, Staff Person #1 left Child #1 alone and unsupervised in Classroom 7 (PreK Counts) for approximately 2-3 minutes when staff #1 took 4 preschool children in her group to another classroom. The child was found in the classroom alone and unsupervised sitting on the couch by another staff person.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Based on statements made by staff, on 1/25/22 a preschool child was alone for 3-5 minutes in room 4..

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: 3270.51

Description: Similar Age Level

Noncompliance Area: Based on statements made by staff, on 1/25/22 a preschool child was alone for 3-5 minutes in room 4..

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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: A mesh crawl-through tube in the first floor gross motor room was torn in 4 areas. The metal face of a white board in room 8 was split from the frame leaving sharp edges and corners accessible to children.

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: 3270.102(a)/3270.103

Description: Clean and good repair/Small Toys and Objects

Noncompliance Area: The cover of a bouncy seat in the infant room was torn in several places on the back of the seat exposing the inner foam liner.

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. 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: 3270.107

Description: Refrigerator

Noncompliance Area: The refrigerator in room 2 was not clean; 10-12 dead gnats were observed on the bottom shelf. A portion of the interior bottom liner was cracked.

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)

Description: Signed

Noncompliance Area: The file for child #1 contained an agreement which was not signed by the operator.

Correction Required: An agreement shall be signed by the operator and the parent.

Regulation: 3270.123(a)(4)

Description: Arrival/departure times

Noncompliance Area: The files for children #1, #2, and #3 contained agreements which did not specify the child's arrival and departure times.

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

Regulation: 3270.124(a)

Description: Each child emergency contact person

Noncompliance Area: The file for child #1 contained emergency contact information which did 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.

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The file for child #1 contained emergency contact information which did not include the addresses of the individuals 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.

Regulation: 3270.124(c)

Description: Each child care space

Noncompliance Area: The emergency contact information for child #2 was not present in room 8. Child #2 was observed in care in the 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)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The file for child #2 contained an initial health report which did 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.

Regulation: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: The files for children #2 and #4 contained immunization records which lacked documentation of receiving the influenza vaccine within the last calendar year as recommended by the ACIP. Written exemptions were not on file.

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: 3270.151(a)/3270.192(3)

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

Noncompliance Area: The files for staff #1 #2, #3, and #4 contained health assessments which were not updated within 24 months. The most recent health assessments on file for all 4 staff are now current.

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: 3270.27(a)(2)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan did not include evacuation routes in the form of maps or written directions.

Correction Required: The facility shall have an emergency plan that provides for accommodations for evacuation of children from the facility building and evacuation of children to a location away from the facility premises. The evacuation routes and evacuation plans to exit the building may be the same as those required by §3270.94 (relating to fire drills).

Regulation: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The facility did not have a letter for parents explaining the emergency procedures.

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: 3270.32(a)/3270.192(2)(iii)

Description: Comply with CPSL/Exp, educ., training at facility

Noncompliance Area: Based on documentation at the facility, staff #3 did not update mandated reporter training within 60 months as required. The training was previously completed on 3/13/15 and was updated on 12/2/20. The training is now current.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The files for staff #3, #4, and #5 contained clearances which were not updated within 60 months as required by the CPSL. The state police clearance for staff #3 was previously obtained on 2/19/15 and updated on 7/14/20. The child abuse clearance for staff #3 was previously obtained on 4/1/15 and was updated on 7/23/20. The file for staff #3 now contains current clearances. The FBI clearance for staff #4 was previously obtained on 12/30/15 and was updated on 3/8/21. The file for staff #4 now contains current clearances. The state police clearance for staff #5 was previously obtained on 12/2/15 and was updated on 2/22/21. The FBI clearance for staff #5 was previously obtained on 12/22/15 and was updated on 3/11/21. The child abuse clearance for staff #5 was previously obtained on 11/17/15. A current child abuse clearance for staff #5 was not on file at the time of the inspection. The file for staff #8, provisionally hired on 8/31/21, did not contain documentation of applying for the related out of state clearances as required by the 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. Staff #5 and #8 may not work in a child care position at the facility.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: Two electrical outlets, accessible to children 5 years old or younger, lacked protective covers; 1 located in the first floor gross motor room and one in room 8, which is currently being used as a lunch 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: Liquid dishwasher detergent, labeled keep out of reach of children, was accessible in an unlocked cabinet under the sink in the kitchen. The kitchen does not have a door or a gate to limit children's access.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: A three foot section of the baseboard register in the first floor hall was not secured at each end causing the metal corners to protrude.

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: Peeling paint was observed on a green column in the first floor gross motor room.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Proof of purchase of the interconnected system was not maintained by the facility in accordance with 62 P.S.1016.

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.

Noncompliance Area: Rooms 1 and 8 lacked written posted schedules. The posted schedule in room 7 is written for preschoolers, however the children currently receiving care in the room are school age.

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 shall be posted in the group space.