Brightside Academy Early Education

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: During an unannounced inspection on 6/5/2026, supervision and ratio was being assessed throughout the facility. When Certification Representative (CR) arrived in a preschool room at approximately 9:10am, Staff Person #1 was found to be engaged in a conversation with their teenage children near the entrance to the room. During that time, Staff Person #1 had their back to the ten preschool aged children in their care and was instead focused the conversation with their teenage children.

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: 3270.52

Description: Mixed Age Level

Noncompliance Area: At approximately 9:15am on 6/5/2026, supervision and ratio was assessed in the Infant Room. At that time, Staff Person #2 was the only staff in the room with five children: one infant and four young toddlers. Staff Person #2 acknowledged that they were out of ratio, because their partner for the day was not expected in until 9:30am. Staff Person #2 had called for assistance. Approximately 2-3 minutes later, Staff Person #3 came in the room to assume responsibility for two of the young 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: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: During an unannounced inspection on 3/18/2026, an inspection of supervision and ratio was conducted upon arrival. At 10:08am, Staff Person #5, who is not responsible for the care and supervision of children was observed in a room alone with four young toddlers. The employee could not name any of the children and acknowledged that they were not responsible for the supervision of the children but rather had stepped in while Staff Person #2 greeted CR at the door. (SEE LIS CODE SHEET) On 3/18/2026 at 10:16am, while supervision and ratio was conducted in a preschool room, Staff Person #3 struggled to identify their group, despite having tools to assist with the identification of the group. After being given two opportunities to name and identify the children in their care, Staff Person #4 called all of their children to stand with them, leaving Staff Person #3's group easily identifiable. It was at that time that Staff Person #3 was able to identify and name their children, acknowledging that they had not been aware that one of the children was in their group on that day.

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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The file for Staff Person #5, who was left responsible for the care of children, did not include documentation of Emergency Plan training.

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 two most recent Pediatric First Aid/CPR Trainings for Staff Person #1 were dated more than 24 months apart (3/15/2022-5/24/2024).

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility's fire detection testing log documented testing of the fire detection system between 12/26/2025 and 1/28/2026. The tests were conducted more than 30 days (33) apart.

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

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: There was a green foam block with teeth marks in room #3. There was a cracked clear bin and a broken wooden shelf in room #5. There was a cracked clear bin in room #7. There were 2 cracked bins in room #9. The highchair leader in the infant room was peeling off .

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: 3270.131(b)(2)/3270.131(e)(3)

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

Noncompliance Area: The file for child #1 a preschooler lacked an updated health report. The previous report was dated 8/21/24. The file for child # 2 an OT lacked an updated health report. The previous report was dated 7/30/24.

Correction Required: The operator shall require the parent to provide an updated health report at least every 12 months for an older toddler or preschool child. 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 # 1 and 2 must be dismissed from care by close of business 9/24/25 and may only return to care when the immunization records are provided or when a parent provides a written, signed and dated exemption letter.

Regulation: 3270.135(a)(3)

Description: Disposable diapers

Noncompliance Area: Staff #2 kept a soiled diaper on the changing table until she was done with the diaper change, instead of discarding it immediately into a plastic-lined, hands-free covered can.

Correction Required: If disposable diapers are provided by a parent or by a facility, a soiled diaper shall be discarded by immediately placing the diaper into a plastic-lined, hands-free covered can.

Regulation: 3270.151(a)

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

Noncompliance Area: The file for staff #1 contained a current health report dated 2/11/25 that was not obtained withing 24 months from the previous health report dated 12/13/22.

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: 3270.27(f)

Description: Emergency plan

Noncompliance Area: A copy of the facility emergency plan was not sent to the local municipality and the county emergency management agency

Correction Required: 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.

Regulation: 3270.66(d)

Description: Toxic plants not permitted

Noncompliance Area: There was an Aglaonema plant, and an Umbrella (Schefflera) plant consider toxic in room #6.

Correction Required: Toxic plants are not permitted in a child care space.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: There was a damaged door frame in room #9. There was a base board pulling of the wall on the entry way to room #11.

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: There was peeling paint on the yellow wall in room #4. There was peeling paint on the orange wall in room ##5 There was a peeling paint on the green wall column in room # 10. There was peeling paint on the orange wall by the garbage can in room #7

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(g)

Description: Clean and good repair

Noncompliance Area: There was water coming out of the toilet bowl base in the girl's bathroom.

Correction Required: Toilet areas and fixtures shall be cleaned daily and be in good repair.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In room 6 and room 7 there were cracked magnet tiles that could be pinch points and could cause injury. In room 7 there was also a cracked toy bin with pinch points, that could cause injury.

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: 3270.107

Description: Refrigerator

Noncompliance Area: The refrigerator in room 8, the infant room, did not contain a thermometer.

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: 3270.131(a)/3270.182(1)

Description: Health information/Initial and subsequent health reports

Noncompliance Area: The file for child #1 and child #2 had health assessments that were older than 60 days after enrollment.

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(b)(1)

Description: Infant: updated health report every 6 months

Noncompliance Area: The health assessments on file for Child #3 dated 8/30/23 and 7/30/2024, were more than six months apart for a child under the age of 2.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler.

Regulation: 3270.131(b)(2)/3270.181(c)

Description: Toddler/preschool: updated health report every 12 months/Emergency info/agreement updated 6 mos

Noncompliance Area: The two most recent health assessments on file for Child #2, who is a preschool age child, are dated 7/26/23 and 826/2024, more than 1 year apart

Correction Required: The operator shall require the parent to provide an updated health report at least every 12 months for an older toddler or preschool child. 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: 3270.151(c)(1)/3270.192(3)

Description: Physical examination/Health assessment, TB test

Noncompliance Area: The file for staff person #5 contained health assessments dated 4/9/19 and 12/13/22 which is more than 24 months apart.

Correction Required: An adult health assessment must include a physical examination. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The file for Staff person #4 does not include two written nonfamily references.

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

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: Staff person #1, #2, #3, #4 and #5 were all missing emergency plan training.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #4 was observed not to contain documentation of application of an NSOR certificate or Child Abuse Clearance prior to date of hire (See IS CODE SHEET) required for provisional hiring under the CPSL (See LIS Code Sheet). The file for staff person #4 was missing a disclosure statement, required at the time of hire (See LIS Code).

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

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

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

Noncompliance Area: The file for Staff person #4 who is classified as an aide, does not include documentation of 2 years of experience with children.

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

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: In room 11 there was a missing protective outlet cover on the far wall accessible to children.

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

Regulation: 3270.66(b)

Description: Original container

Noncompliance Area: In room 11 there was an unlabeled spray bottle in the toxic container on the wall.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: The outdoor play area was observed to have a section of the protective surface area that was falling apart and able to be peeled, which could cause a tripping 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.

Regulation: 3270.95(a)

Description: Devices must be compliant

Noncompliance Area: The fire alarm 30-day test log includes test dates 4/5/24-5/7/24, which are more than 30 days apart. Per Chapter 3270 Act 62 regulation updates on May 24, 2021, all fire detection devices or systems must be tested at least every thirty days

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

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: At approximately 11:45 AM, Facility Persons #1, #2, and #3 were supervising a total of 26 preschoolers in Room #7. When each staff person was asked to identify the children whom they were supervising, Facility Person #1 claimed 6 children, Facility Person #2 claimed 7 children, and Facility Person #3 claimed 6 children. Six children in the classroom were not identified as being assigned to a staff person for the purposes of supervision.

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(c)

Description: No ridicule or threaten harm

Noncompliance Area: According to staff statements, on 11/20/23, in response to a parent's negative comments and threats made toward facility staff, Facility Person #1 called the parent "big ugly" in the presence of children in care.

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: 3270.113(d)

Description: No harsh language

Noncompliance Area: According to staff statements, on 11/20/23, in response to a parent's negative comments and threats made toward facility staff, Facility Person #1 called the parent "big ugly" in the presence of children in care.

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

Regulation: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: The cots in Room 11 were not labeled with the names of the children who use them. There was one child in Room 2 without a cot labled with their name.

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.

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

Description: Immunization record/Dismissal policy

Noncompliance Area: There was no documentation of current flu vaccines on file for children #1, #2, and #3.

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).Children #1, #2, and #3 must be dismissed from care by close of business 9/25/23 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Facility Person #1 was observed to be caring for children unsupervised. Facility Person #1 has not completed the following pre-service training required prior to caring for children unsupervised: pediatric first aid & CPR.

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, Facility Person #1 must be supervised, when interacting with children, by an AGS who has completed the required training related to this citation. If there are no staff person(s) available to supervise Facility Person #1, Facility Person #1 may not work in a child-care position at the facility.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The updated health & safety training required to be completed by staff by12/30/22 was completed in January 2023 by Facility Person, #4 as per documentation on file.

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: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The letter to the parents explaining the emergency plan did not address the accommodations for infants, toddlers, children with disabilities and children with chronic medical conditions.

Correction Required: The operator shall provide to the parent of each enrolled child a letter explaining the emergency procedures described in subsection (a). 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(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: There was no FBI clearance, or proof of application for an FBI clearance on file for Facility Person #2. The most recent completed criminal history clearance on file for Facility Person #3 was completed more than 60 months prior. The current FBI clearance on file for Facility Person #3 was completed more than 60 months after the previous FBI clearance on file.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). 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 Persons #2 and #3 may not work at the facility without all current completed clearances on file.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The current staff evaluation on file for Facility Person #3 was completed more than 12 months after the previous evaluation on file.

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

Description: HS/GED + 2 yrs/Exp, educ., training prior to facility

Noncompliance Area: Facility Person #2 was classified as an assistant group supervisor based on completion of high school and at least 2 years of child care experience. There was no documentation of child care experience on file for Facility Person #2.

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 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: There was an uncovered outlet on the wall in Room 2, in the back corner of the room.

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

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: There was a first aid kit in a backpack in Room 2, on a table in reach of children. There was a first aid kit in a backpack in Room 11, on a stack of cots in reach of children.

Correction Required: A first-aid kit must be inaccessible to children.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Documentation of smoke detector testing on file at the facility indicate the last date the smoke detectors were tested was 6/6/23, more than 30 days prior.

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

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: There were small screws, with a diameter of less than 1 inch, accessible to toddlers receiving care in the young toddler room, in a drawer equipped with a faulty lock.

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: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: There was less than 2 feet of space on three sides of a crib in use in the infant room, due to the crib's placement next to a wall and equipment located on one side of the crib.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: At approximately 11:00 AM, Facility Person #1 was observed supervising 3 infants in the infant room. While Facility Person #1 was changing one child's diaper, she was unable to see another child in her care who was on the floor, on the other side of a shelving unit. This was due to her position and the position of the shelving unit obstructing her view of the child.

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: 3270.123(b)

Description: Parent receives original

Noncompliance Area: The six children's files reviewed all included the original agreements.

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

Regulation: 3270.131(a)

Description: Health information

Noncompliance Area: The current health assessments on file for children #1 and #2, enrolled more than 60 days as of 1/6/22, were completed after 1/6/22, the end date of the covid-related suspension of the regulation.

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.

Regulation: 3270.131(b)(1)

Description: Infant: updated health report every 6 months

Noncompliance Area: The most recent health assessment on file for child #3 was more than 6 months old. (Health assessment dated 9/8/21).

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler.

Regulation: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: There was no documentation of current annual influenza vaccines on file for children #1 #2, and #3. The immunization record on file for child #3 did not indicate the child had the appropriate number of doses of the pneumococcal and DTAP vaccines according to the ACIP recommendations for the child's age.

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: 3270.135(c)

Description: Diapering area not used for food prep

Noncompliance Area: In the young toddler room, the counter space used for diaper changing (on a removable mat), is also the surface on which the children's food for meals is set on a tray and plated to be served to the children.

Correction Required: The diapering area may not be used for food preparation or food service.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The facility's emergency plan did not include a plan for continuity of operations during an emergency,

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: 3270.171(a)

Description: Pick-up and drop-off points

Noncompliance Area: There was no letter on file at the facility from the previous 12 months notifying the local traffic safety authorities of the location of the facility and the program's use of pedestrian and vehicular routes around the child 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 child care facility.

Regulation: 3270.183(a)

Description: Locked cabinet

Noncompliance Area: The cabinet in which the child's records were stored was not locked.

Correction Required: Child records are confidential and shall be stored in a locked cabinet.

Regulation: 3270.193(a)

Description: Confidential; stored in locked cabinet

Noncompliance Area: The cabinet in which the facility persons' records were stored was not locked.

Correction Required: Facility persons' records are confidential and shall be stored in a locked cabinet.

Regulation: 3270.27(a)(6)

Description: Emergency plan

Noncompliance Area: There was no documentation of an emergency drill conducted prior to 2/25/22, more than 12 months after the effective date of the applicable regulation (12/19/20).

Correction Required: Emergency drills shall be conducted annually. Annual emergency drills shall be documented and on file at the facility.

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

Description: Fire safety - 1 yr.

Noncompliance Area: The most recent fire safety training documented and on file completed by Facility Person #3 was completed more than 12 months prior.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: There was no FBI clearance on file for Facility Person #4. Although there was proof of application for an FBI clearance on file for Facility Person #4, Facility Person #4 had been employed at the facility for more than 45 days. (See IS Code sheet.)

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person #4 may not work at the facility without all completed clearances on file.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: There was no staff evaluation on file for Facility Person #2 from the last 12 months.

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

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: There was an uncovered outlet on a wall in the preschool room, in reach of children.

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

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: There was hand sanitizer accessible to children in the young toddler room in a drawer equipped with a faulty lock.

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: 3270.72(b)

Description: Screened

Noncompliance Area: There was an exit door leading to the outdoor play space that was propped open- with no screen in place.

Correction Required: Windows or doors used for ventilation shall be screened when open.

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: There were two first aid kits in backpacks on a bench in the outdoor play area, accessible to children receiving care in the space.

Correction Required: A first-aid kit must be inaccessible to children.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: A first aid kit in the outdoor play space did not include gloves.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: According to the documentation of the dates the facility's interconnected fire alarm system was tested, the system was not tested at least every 30 days when tested on 8/12/22 and next on 9/13/22.

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

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: According to witness statements, on 8/2/22 at approximately 5:10 PM, after being told that Child #1, a young schoolager, hit their child, Facility Person #1 approached Child #1 where they were standing in the hallway with their group and Facility Person #2. Facility Person #1 grabbed Child #1 by the neck with one hand, pushing their head against the wall. Facility Person #2 told Facility Person #1 to let the child go, and then pulled Facility Person #1 from Child #1. There was a scratch and a bruise on the child's neck after the incident.

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: According to witness statements, on 8/2/22 at approximately 5:10 PM, Facility Person #1 threatened Child #1, a young schoolager, and a family member of Child #1, in the presence of 5 other schoolagers and 3 toddlers while the group was in the hallway. It was reported that Facility Person #1 used phrases with Child #1 such as "I'll f--- you up," and "Tell your mom I'll f--- her up, too."

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: 3270.113(d)

Description: No harsh language

Noncompliance Area: According to witness statements, on 8/2/22 at approximately 5:10 PM, Facility Person #1 used harsh language with Child #1, a young schoolager, in the presence of 5 other schoolagers and 3 toddlers while the group was in the hallway. It was reported that Facility Person #1 used phrases with Child #1 such as "I'll f--- you up," "Keep your m-----f------ hands off my kid," and "Tell your mom I'll f--- her up, too."

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

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Facility Person #1, employed as a child care staff person less than 90 days, was observed caring for 4 young schoolage children alone. There was no documentation of completed required health and safety training on file for Facility Person #1.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The most recent fire alarm test documented was dated 3/25/22, more than 30 days prior. The operator indicated the fire alarm system was tested on 4/27/22. There was no documentation of that test on file at the facility.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: On 2/23/2022 at approximately 10:00 am, a fire drill was conducted and facility person #1 evacuated 2 infants and one toddler out of the facility and left one infant in the classroom alone, asleep in their crib.

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: **On 2/23/2022 at approximately 10:00 am, a fire drill was conducted and facility person #1 evacuated 2 infants and one toddler out of the facility and left one infant in the classroom alone, asleep in their crib.

Correction Required: The operator or director will conduct a staff meeting following the approval of this plan of correction. At the staff meeting, the operator will discuss knowing the names and whereabouts of the children in their supervisory groups and the use of their tags to ensure all children are supervised at all times. The agenda and sign in sheet will be submitted to the regional office upon completion.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: On 2/23/2022 at approximately 10:00 am, a fire drill was conducted and facility person #1 evacuated 2 infants and one toddler out of the facility and left one infant in the classroom alone, asleep in their crib.

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: 3270.52

Description: Mixed Age Level

Noncompliance Area: On 2/23/2022 at approximately 10:00 am, a fire drill was conducted and facility person #1 evacuated 2 infants and one toddler out of the facility and left one infant in the classroom alone, asleep in their crib.

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: 3270.94(a)(6)

Description: Remove all persons in one trip

Noncompliance Area: On 2/23/2022 at approximately 10:00 am, a fire drill was conducted and facility person #1 evacuated 2 infants and one toddler out of the facility and left one infant in the classroom alone, asleep in their crib.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that evacuation plans provide for the removal of all persons from the facility in a single trip.

Regulation: 3270.94(a)(6)

Description: Remove all persons in one trip

Noncompliance Area: **On 2/23/2022 at approximately 10:00 am, a fire drill was conducted and facility person #1 evacuated 2 infants and one toddler out of the facility and left one infant in the classroom alone, asleep in their crib.

Correction Required: The operator or director will post signage in each classroom as a visual for staff persons to ensure they have the children in their supervisory groups before they leave the classroom. The operator or director will conduct a staff meeting following the approval of the plan of correction to train staff in this process. The agenda and sign off sheet will be submitted to the regional office upon completion.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: A plastic bin in Classroom 7 containing toy cars and a plastic bin in Classroom 11 containing manipulatives has broken corners exposing the children to sharp edges.

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

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: Broken crayons were on the floor in Classroom 3 and removable caps on markers were in a bin on a shelf in Classroom 5. Each were less than an inch in diameter and were accessible to children still placing objects in their mouths.

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

Regulation: 3270.123(a)(1)

Description: Amount of fee

Noncompliance Area: The financial agreement of child #7 did not contain if the fee was to be charged per day or per week.

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

Regulation: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: The financial agreements of child #1, 2, 4, 5, 6 and 7 did not specify the admission date of the child.

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

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The emergency contact form of child #3 did not contain the work address and work telephone number of the enrolling parent.

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

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact for of child #7 did not contain all of the addresses of 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: Classroom 11 did not have emergency contact forms for 4 of the 8 children in attendance.

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 health assessment of child #7 did not contain a statement 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 immunization record of child #1 and 7 does not contain documentation of vaccinations in accordance with the schedule recommended by the ACIP or exemptions from the parent of physician of the child.

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)

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

Noncompliance Area: The health assessment of facility person #4 was dated 5/5/2019 and updated on 6/1/2021, facility person #5 was dated 3/4/2019 and updated on 3/15/2021, facility person #7 was dated 2/20/2019 and updated on 3/19/2021 and facility person #10 was dated 6/15/2019 and updated on 6/21/2021, all exceeding updates within 24 months of the previous health assessment. Facility person #4, 5, 7 and 10 all have current health 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.

Regulation: 3270.151(b)

Description: Conducted by physician, PA or CRNP

Noncompliance Area: The health assessment of facility person #8 contained a signature which did not include the individuals professional title.

Correction Required: A health assessment shall be conducted and a report shall be written and signed by a physician, physician's assistant or CRNP. The signature must include the individual's professional title.

Regulation: 3270.151(c)(3)

Description: Exam communicable disease

Noncompliance Area: The health assessment of facility person #6 does not contain accurate documentation and facility person #8 does not have documentation of an examination for communicable diseases and the results of that examination.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The file of facility person #2 contained one written nonfamily reference but lacked a second.

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)(2)

Description: Emergency plan

Noncompliance Area: The evacuation routes from the facility to the location away from the facility or the evaluation plans to exit the building were not included in the emergency plan.

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(c)

Description: Training regarding plan

Noncompliance Area: Initial emergency plan training of facility person #1 (start date 11/24/2020) was dated 2/22/2021, facility person #2 (start date 3/8/2021) was dated 3/16/2021 and facility person #3 (start date 1/21/2021) was dated 2/22/2021, all of which exceeded one week from their start dates with children.

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: Documentation of fire safety training of facility person #5 was dated 8/23/2020 and facility person #6, 7 and 8 was dated 8/15/2020, all lacking documentation of current fire safety training.

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: 3270.31(f)/3270.31(f)(10)

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

Noncompliance Area: Pediatric first aid and CPR for facility person #2 (start date 3/8/2021) was dated 7/12/2021 which is more than 90 days from their start date with children.

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

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The FBI Clearance of facility person #4 was dated 1/6/2016 and updated on 1/11/2021 and the FBI clearance of facility person #9 was dated 1/4/2016 and updated on 4/7/2021 both exceeding 60 months as required under the CPSL.

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

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

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

Noncompliance Area: The file of facility person #6 contained mandated reporter training dated 4/3/2015 and did not contain documentation of current mandated reporter training within 60 months.

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: 3270.81

Description: Glass

Noncompliance Area: The glass on the door to enter Classrooms 3 and 5 did not contain a visual strip.

Correction Required: A visual strip or other visual identification shall be placed on glass located in a traffic area, a child care space or a play space.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility did not have documentation of the proof of purchase for the fire detection system installed at their facility.

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.