Brightside Academy Early Care Education

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: During the complaint investigation, it was determined that Staff #1 did not observe how Child #1 sustained scratches to the face. Staff was unable to explain when, where, or how the injury occurred.

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(b)

Description: No physical punishment

Noncompliance Area: During the complaint investigation, it was verified Staff #1 struck Child #1 on the mouth.

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

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: Certification reviewed staff #1, #2, #,4, #5, #6 and #7 and observed emergency plan training was not in record.

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: Certification rep reviewed staff #5 and #7 record and observed completion of annual fire safety training was not in record.

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: Certification rep reviewed staff #3 record and observed New Jersey out of states clearance was not obtained and in record.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 3- may not work in a child care position at the facility. PROVISIONAL HIRE UNSUPERVISED: A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee. 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 #--3 may not work in a child care position at the facility.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: During the renewal inspection certification rep observed water damaged brown stained ceiling tiles in room # 20. Ceiling tile in the back hallway was observed missing and not replaced. Cert rep observed kitchen refrigerator and kitchen floor unclean.

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: 3270.95(b)

Description: Director or designated staff person ensure compliance

Noncompliance Area: During the renewal inspection it was observed written documentation of 30-day testing of a fire detection device or system was not documented in the fire drill log.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall ensure the requirements under subsection (a) are met.

Regulation: 3270.51/3270.113(a)(1)

Description: Similar Age Level/Staff assigned to specific children

Noncompliance Area: Certification rep observed staff #1 in the older toddler classroom alone with 7 toddlers, the youngest child in age at the time was 2 years in age. Certification rep observed a child left alone in the Pre-K classroom while leaving the facility. Certification rep returned the child to the next-door classroom. Certification rep counted 22 children with 2 teachers, the youngest in age was 3 years in age.

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. 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: 3270.182(1)

Description: Initial and subsequent health reports

Noncompliance Area: During the renewal inspection certification rep reviewed child #1 record and observed last date of physical examination on record was 1/5/23.

Correction Required: A child's record shall contain initial and subsequent health reports.

Regulation: 3270.192(2)(iv)

Description: Transcript, diploma and letters

Noncompliance Area: During the renewal inspection certification rep reviewed s staff #1 record and observed High school diploma on record was blurred out and not readable at the time of inspection.

Correction Required: 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: 3270.76

Description: Building Surfaces

Noncompliance Area: During the renewal inspection certification rep observed chip paint in room #6, #8, and #13. Room #19 has two broken tiles in the left side of the room wall and two holes on the left and middle part of the room. Room #3 floor was observed to be unclean.

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: At the time of renewal inspection observed that refrigerator in the infant room was not maintaining food at 45° F or below. Thermometer was showing temperature of 45° F.

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: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: At the time of renewal inspection, emergency contact information of child #2 did not include health insurance policy number under a family policy or Medical Assistance benefits, if applicable.

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

Regulation: 3270.131(d)(5)/3270.131(e)(2)(i)

Description: Immunization record/Exemption documentation from parent/guardian

Noncompliance Area: At the time of renewal inspection, immunization record of child #1 and #2 did not include influenza immunization recommended by ACIP. A letter of exemption was not observed in the file of child #1 and #2.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. Exemption from immunization for religious belief or strong personal objection equated to a religious belief shall be documented by a written, signed and dated statement from the child's parent or guardian. The statement shall be kept in the child's record.

Regulation: 3270.151(a)

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

Noncompliance Area: During the renewal inspection on, file of staff person #1 did not include a health assessment conducted within 12 months prior to providing initial service in a child care setting. A health assessment on file was conducted more than 12 months ago.

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

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: At the time of renewal inspection observed that some ceiling tiles in the gym play space were missing, some had signs of water damage.

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: 3270.52

Description: Mixed Age Level

Noncompliance Area: At the time of unannounced monitoring inspection, in Preschool Room observed 15 children ranging in age from older toddler to young school age with only 2 staff persons present.

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). Three staff would be required for a group of 15 children that ranged in age from older toddler to young school age.

Regulation: 3270.192(2)(i)

Description: Age

Noncompliance Area: At the time of renewal inspection, file of staff person #8 did not include verification of age.

Correction Required: A facility person's record shall include verification of age.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: At the time of renewal inspection, file of staff person #8 did not include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

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

Regulation: 3270.27(a)(1)

Description: Emergency plan

Noncompliance Area: At the time of renewal inspection, emergency plan did not include accommodations for shelter of children during lock-down.

Correction Required: The facility shall have an emergency plan that provides for accommodations for shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: At the time of renewal inspection, document that staff person #7 and #8 received training regarding the emergency plan at the time of initial employment was not observed.

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)

Description: Health and Safety Training

Noncompliance Area: At the time of renewal inspection, verificaiton of complete Health and Safety training of staff person #7 required within 90 days of hire was not observed.

Correction Required: Staff persons shall complete professional development in the following topics within 90 days of hire.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: At the time of renewal inspection, file of staff person #7 and #8 did not include NSOR Certificates and Disclosure Statements.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 7 and #8 may not work in a child care position at the facility. 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 # 7 and #8 must be removed from child care position by close of business.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: At the time of renewal inspection, written evaluation of staff person #1, #2, #3, #4, and #5 was conducted more than 12 months ago. Staff evaluation of staff person #1, #2, #5 was conducted on 10/19/20, staff evaluation of staff person #3 and #4 was conducted on 11/12/20

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: 3270.76

Description: Building Surfaces

Noncompliance Area: At the time of renewal inspection observed peeling paint on the walls near toilets in boys bathrooms.

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: 3270.95(b)

Description: Director or designated staff person ensure compliance

Noncompliance Area: At the time of renewal inspection, provider did not provide proof of purchase and date of purchase of an interconnected fire detection system.

Correction Required: 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: During renewal inspection on 2/18/20 observed that the refrigerator in Room 7 was not capable of maintaining food at 45 F or below. A thermometer in the refrigerator showed 55 F.

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: During renewal inspection on 2/18/20, the written plan of daily activities was not posted in Room 6, 9, and 19.

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

Noncompliance Area: During renewal inspection on 2/18/20, a health assessment of staff #1 did not include an examination for communicable diseases and the results of that examination as well as the physician's or CRNP's assessment of the person's suitability to provide child care.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination. An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care.

Noncompliance Area: During renewal inspection on 2/18/20 observed a sippy cup located on the child's locker in Room 6 that was not labeled with the child's name.

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

Noncompliance Area: During renewal inspection on 2/18/20, file of facility person #2 included FBI Criminal History required by DHS that was not complete since the "rap sheet" was not attached. Mandated reporter training completed by staff #3 on 1/27/15 and staff #4 on 1/2/15 was not renewed every five years thereafter.

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

Noncompliance Area: During renewal inspection on 2/18/20 facility did not have group supervisors for each group of 45 enrolled children. During renewal inspection observed 46 children and 1 group supervisor. Facility's current enrollment is 103.

Correction Required: A director may not function as a group supervisor in a facility in which more than 45 children are enrolled. In a facility in which more than 45 children are enrolled, a group supervisor is required for the first group of 45 enrolled children and for each group or partial group of 45 additional enrolled children.

Noncompliance Area: During renewal inspection on 2/18/20 observed rubber wall base peeling from the walls in Room 7 and 8. Room 20 had a hole in the vinyl tile on the floor creating a visible hazard.

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.

Noncompliance Area: During renewal inspection on 2/18/20 observed a child in Room 6 removing peeling paint from a yellow column.

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

Noncompliance Area: During the complaint investigation, staff #1 left child #1 unattended in the classroom #4 for a couple of minutes.

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. 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.

Noncompliance Area: During renewal inspection on 2/15/19, cots in Room #9 were not labeled for the use of a specific child.

Correction Required: Individual, clean, age-appropriate rest equipment shall be provided for preschool, toddler and infant children as agreed between the child's parent and the operator. The rest equipment shall be labeled for the use of a specific child and used only by the specified child.

Noncompliance Area: At the time of the renewal inspection, foam furniture in Room 3 and Room 18 was ripped thereby exposing the foam and creating a hazard for children. In Room 8, the changing table was dirty and the changing mat was torn creating a hazard during diapering.

Correction Required: Furniture must be durable, safe, easily cleaned and appropriate for the child's size, age and special needs.

Noncompliance Area: At the time of the renewal inspection, the file of child #1 did not include a copy of the child's immunizations.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP.

Noncompliance Area: At the time of the renewal inspection, the provider did not send the annual letter to local traffic safety authorities notifying them of the location and use of pedestrian and vehicular routes around the day care facility.

Correction Required: An operator shall notify local traffic safety authorities annually in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the day care facility.

Noncompliance Area: At the time of the renewal inspection, the file of staff #3 did not contain verification of age.

Correction Required: A facility person's record shall include verification of age.

Noncompliance Area: At the time of the renewal inspection, it was observed that measured child care rooms were unoccupied and not set up with appropriate furniture and toys and were visibly hazardous if any child entered them. These included rooms 5, 9, 10, 11, 12, 13, 14, 15, 17, 19, and 20.

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

Noncompliance Area: At the time of the renewal inspection, there was no verification that staff #3, 4, or 5 had training regarding the emergency plan at the time of initial employment.

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.

Noncompliance Area: At the time of the renewal inspection, the file of staff #4 did not contain the rap sheet for the FBI clearance or a disclosure statement.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # -- may not work in a child care position at the facility. PROVISIONAL HIRE UNSUPERVISED: A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee. 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: At the time of the renewal inspection, protective receptacle covers were missing from Room 18.

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

Noncompliance Area: At the time of the renewal inspection, it was observed that the baseboards in Room 7 and Room 16 were in a state of disrepair and a safety issue for children.

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

Noncompliance Area: At the time of the inspection, in at least 3 child care spaces , including a changing table in the younger toddler room adjacent to the office and both of the older toddler rooms a minimum of one of the ' nap mats' were torn and in some cases had exposed foam filling accessable to the children. Rest equiptment was in need of assesment/monitoring for possible replacment or repairs as needed.

Correction Required: Individual, clean, age-appropriate rest equipment shall be provided for preschool, toddler and infant children as agreed between the child`s parent and the operator. The rest equipment shall be labeled for the use of a specific child and used only by the specified child.

Noncompliance Area: At the time of the inspection at aproximatley 10 am an infant in care was diapered in the infant room and their hands were not washed by the staff person performing the diapering.

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