Butler YMCA Early Learning Center

Regulation: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: In the Crafty Nook room, there was a small brown couch that had multiple tears in the fabric.

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

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The files for child #1 and #2 had an emergency contact form that lacked the work address and 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 file for child #1 had an emergency contact form that lacked the address of the individual designated by the parent to whom the child may be released.

Correction Required: Emergency contact information must include the name, address and telephone number of the individual designated by the parent to whom the child may be released.

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 file for child #2, a preschooler, had health assessments that exceeded 12 months between assessments.

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: 3270.133(3)

Description: Name on bottle

Noncompliance Area: In the Crafty Nook room, there was a bottle of Top Care Infants' Ibuprofen for child #3 and #4 that was not labeled with the child's name for whom the medication was intended.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: In the Crafty Nook room, there was a bottle of Top Care Infants' Ibuprofen for child #3 and #4 that lacked written parental consent for administration of the medication.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #2 has completed the health and safety course titled "Get Started with Center-Based Care: Building Blocks for Quality" but has not completed the required health and safety update course titled "Pennsylvania Health and Safety Update 2022" (1 hour) training.

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. Staff person #2 must complete "PA Required Health and Safety for Centers-Group Child Care Parts 1 and 2."

Regulation: 3270.151(a)

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

Noncompliance Area: The file for staff person #1 lacked a current health assessment updated within the last 24 months.

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

Regulation: 3270.151(c)(2)/3270.151(c)(2)(ii)

Description: Mantoux TB/Record include X-ray results and evaluation

Noncompliance Area: The file for staff person #3 had a health assessment with the results of a chest x-ray and lacked documentation of a positive tuberculin skin test.

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. A record of a person with a positive tuberculin skin test shall include the results of a chest x-ray and evaluation for chemoprophylaxis.

Regulation: 3270.192(4)

Description: CPSL information

Noncompliance Area: The files for staff person #8, #9, #10, #11, and #12 had a disclosure statement that lacked the date.

Correction Required: 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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The files for staff person #1 and #6 had emergency plan trainings that exceeded a year between trainings.

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)

Description: Age and Training

Noncompliance Area: The file for staff person #5 lacked 11 of the 12 required hours of annual child care training.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of child care training.

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

Description: Age and Training

Noncompliance Area: The file for staff person #5 had current pediatric first-aid/CPR training with a completion date of 11-16-25 that was after the September 2025 expiration of the prior training.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #2 had an NSOR verification certificate that was dated after their start date. The file for staff person #4 had child abuse and FBI clearances that exceeded 60 months between clearances. The file for staff person #6 had state police clearances that exceeded 60 months between clearances. The file for staff person #7 had NSOR verification certificates that exceeded 60 months between certificates.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: In Gym 2B, there were 2 mats on the wall that each had a hole exposing the foam inside.

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: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person #1 had mandated reporter trainings dated 4-14-21 and 5-7-26 that were over 60 months between trainings. Staff person #2 had mandated reporter trainings dated 3-16-21 and 5-15-26 that were over 60 months between trainings.

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

Regulation: 3270.102(g)

Description: Hazardous toys and equipment

Noncompliance Area: On 8-7-25 in the infant room, there was a 4moms baby swing that had been recalled by the United States Consumer Product Safety Commission.

Correction Required: Children's toys and equipment, including furniture and rest equipment, described as hazardous by the United States Consumer Product Safety Commission may not be used by children at the facility and may not be on the premises at the facility. At the time of inspection, the operator shall submit to the Department written affirmation on a form provided by the Department stating that the facility is in compliance with this requirement.

Regulation: 3270.107

Description: Refrigerator

Noncompliance Area: On 8-7-25, the refrigerator in the infant room containing food for infants lacked 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: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file for child #2 had child service reports that exceeded 6 months between reports.

Correction Required: The services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in § 3270.124(f) (relating to emergency contact information).

Regulation: 3270.123(a)(4)

Description: Arrival/departure times

Noncompliance Area: The file for child #3 had an agreement that lacked the child's arrival and departure times.

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

Regulation: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The file for child #5 had an emergency contact form that lacked the health insurance policy number.

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: 3270.124(e)

Description: Written emergency plan posted

Noncompliance Area: On 8-7-25, an emergency transportation plan was not posted in the sweet shop room.

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

Regulation: 3270.131(a)

Description: Health information

Noncompliance Area: The file for child #1 had an initial health assessment that was dated over 60 days after the child's first day of attendance at the facility.

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(d)(5)/3270.131(e)

Description: Immunization record/ACIP recommended immunization record

Noncompliance Area: The file for child #4 lacked an immunization record within 60 days of the child's first day of attendance at the facility and requires a current immunization record.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. The facility may not accept or retain an infant 2 months of age or older, a toddler or a preschool child at the facility for more than 60 days following the first day of attendance at the facility unless the parent provides written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP. Child #4 must be dismissed from care by close of business on 8-7-25 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)

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

Noncompliance Area: The file for staff person #1 had a health assessment that was dated after the staff person provided initial service in a child care setting at the facility. The file for staff person #4 had health assessments that 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.

Regulation: 3270.151(c)(5)

Description: Physician/CRNP assessment

Noncompliance Area: The file for staff person #2 had a health assessment that said the person was not suitable to provide child care and lacked an explanation from the physician or CRNP.

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: 3270.182(6)

Description: Signed parental consent for transportation, walking excursions, swimming and wading

Noncompliance Area: The files for child #6 and #7 lacked signed parental consent for transportation.

Correction Required: A child's record shall contain signed parental consent for transportation, walking excursions, swimming and wading.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #3 had a state police clearance with a record and lacked the corresponding record history sheet as required.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Staff Person #3 may not work in a child care position at the facility.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: On 8-7-25 in the duck pond room in an unlocked drawer, there was a bottle of Equate Baby Detangler Spray that was labeled "Keep out of reach of children" and was accessible to children.

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children.

Regulation: 3270.69(b)

Description: 110º F or less

Noncompliance Area: On 8-7-25 in the preschool bathrooms outside of gym 1, the right sink in the girls' bathroom and the left sink in the boys' bathroom had a water temperature of 115° F. The sink in the bathroom in the duck pond room had a water temperature of 123° F.

Correction Required: Hot water temperature, in areas accessible to children, may not exceed 110° F.

Regulation: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: According to staff statements and documentation, on 2-14-25 in Phillips Hall during breakfast, an older toddler fell off an adult-sized chair used for school-age children and was injured by hitting their face on the floor between two chairs causing the child's nose to bleed and swell. The chairs and tables being used for approximately 20-23 young and older toddlers to eat breakfast were not age appropriate. Many young and older toddlers were unable to reach the table while sitting on their chairs and had to sit on their knees to reach the table to eat.

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

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In the Imagination Station room, there were multiple push pins with sharp edges in a bin in an unlocked drawer that was 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: 3270.192(4)

Description: CPSL information

Noncompliance Area: The file for staff person #1 had a state police clearance dated 12-26-19 and lacked a current state police clearance updated within the last 60 months.

Correction Required: A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Staff Person #1 may not work in a child care position at the facility.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The file for staff person #1 lacked emergency plan training at the time of initial employment and requires current 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: 3270.61(a)

Description: Indoor space- small muscle

Noncompliance Area: According to conversations with staff, the gym, that is measured as play space, has been used by staff and children on multiple occasions as child care space and lacked the required types of play equipment. The gym was used as child care space when other child care spaces were not able to be provided.

Correction Required: A facility shall provide indoor child care space for individual and group small muscle activity.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: According to an incident report, staff statements, and video observation, on 1-14-25 in the gym, child #1, a 2 year old, picked up what appeared to be a pill from the floor and walked over and handed it to a staff person.

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: In the Farmer's Market and Littlest Bakery rooms, there were multiple areas with peeling wallpaper coming off the wall. In the Crafty Nook room, there was a hole in the wall in the back right corner.

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: 3270.182(7)

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

Noncompliance Area: There were multiple incident reports observed at the facility that were the original reports. According to staff, the original report was not given to parents, and multiple incident reports were not given to parents on the day of the incident.

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: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The files for child #2 and #3 had an emergency contact form that lacked the work address and telephone number of the enrolling parent. The file for child #4 had an emergency contact form that lacked the 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 file for child #1 had an emergency contact form that lacked the address of the individual designated by the parent to whom the child may be released.

Correction Required: Emergency contact information must include the name, address and telephone number of the individual designated by the parent to whom the child may be released.

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

Description: Immunization record/Dismissal policy

Noncompliance Area: The file for child #2, a 3 year old enrolled more than 60 days at the facility, lacked documentation of the 2nd Hepatitis A vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

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 on 7-29-24 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.133(3)

Description: Name on bottle

Noncompliance Area: In the Farmer's Market Room, there was Children's Motrin for child #7 that was not labeled with the child's name.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Regulation: 3270.133(4)

Description: Locked

Noncompliance Area: In Phillips Hall, there were medications in a backpack on a chair that were accessible to children.

Correction Required: Medication shall be stored in a locked area of the facility or in an area that is out of the reach of children.

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: At the pool, there was Albuterol medication for child #5 that was expired.

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: At the pool, there was Epinephrine medication for child #6 that lacked written parental consent for administration of the medication. In Phillips Hall, there were Epinephrine medication for child #8 and Epinephrine medication and Children's Benadryl for child #9 that lacked written parental consent for administration of the medication.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.151(a)

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

Noncompliance Area: The files for staff person #1, staff person #5, and facility person #6 had a health assessment that 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.

Regulation: 3270.151(c)(3)

Description: Exam communicable disease

Noncompliance Area: The file for staff person #2 had a health assessment that said "Yes" to having any communicable diseases and lacked an explanation of the results of the examination.

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

Regulation: 3270.151(c)(5)

Description: Physician/CRNP assessment

Noncompliance Area: The file for staff person #4 had a health assessment that lacked 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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The file for staff person #3 had initial emergency plan training that was dated after their initial employment. The file for facility person #6 had emergency plan training that exceeded a year between trainings.

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 facility person #6 lacked a disclosure statement.

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: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: In Phillips Hall, there was a first-aid kit in a backpack on a chair that was accessible to children.

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

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: At the pool, there was a first-aid kit for the 1st & 2nd grade group that lacked 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: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: A handwashing sign was not posted at the two toilets in each of the men's and women's bathrooms across from the Trustee's Room.

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: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: In the gym, the right exit doors to the preschool hallway were obstructed by equipment in the hallway.

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

Regulation: 3270.131(d)(5)

Description: Immunization record

Noncompliance Area: The file for child #1, a 3 year old enrolled more than 60 days at the facility, lacked documentation of the 4th Pneumococcal vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The files for child #2, a 2 year old, child #11, a 2 year old, and child #13, a 3 year old, enrolled more than 60 days at the facility, lacked documentation of the 2nd Hepatitis A vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The files for child #3, a 3 year old, child #4, a 21 month old, child #6, a 4 year old, child #10, a 4 year old, and child #12, a 4 year old, enrolled more than 60 days at the facility, lacked documentation of the 3rd Hepatitis B vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #8, a 3 year old enrolled more than 60 days at the facility, lacked documentation of the 1st, 2nd, and 3rd Hepatitis B vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #9, a 4 year old enrolled more than 60 days at the facility, lacked documentation of the 4th DTAP vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #5, a 4 year old enrolled more than 60 days at the facility, lacked documentation of the 3rd and 4th Pneumococcal and DTAP vaccinations, 3rd Polio and HIB vaccinations, and 2nd and 3rd Hepatitis B vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #7, a 2 year old enrolled more than 60 days at the facility, lacked documentation of the 4th Pneumococcal and DTAP vaccinations, 3rd Hepatitis B vaccination, 1st MMR and Varicella vaccinations, and 1st and 2nd Hepatitis A vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. Children #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, and #13 must be dismissed from care by close of business on 3-20-24 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(e)(3)

Description: Dismissal policy

Noncompliance Area: The file for child #1, a 3 year old enrolled more than 60 days at the facility, lacked documentation of the 4th Pneumococcal vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The files for child #2, a 2 year old, child #11, a 2 year old, and child #13, a 3 year old, enrolled more than 60 days at the facility, lacked documentation of the 2nd Hepatitis A vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The files for child #3, a 3 year old, child #4, a 21 month old, child #6, a 4 year old, child #10, a 4 year old, and child #12, a 4 year old, enrolled more than 60 days at the facility, lacked documentation of the 3rd Hepatitis B vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #8, a 3 year old enrolled more than 60 days at the facility, lacked documentation of the 1st, 2nd, and 3rd Hepatitis B vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #9, a 4 year old enrolled more than 60 days at the facility, lacked documentation of the 4th DTAP vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #5, a 4 year old enrolled more than 60 days at the facility, lacked documentation of the 3rd and 4th Pneumococcal and DTAP vaccinations, 3rd Polio and HIB vaccinations, and 2nd and 3rd Hepatitis B vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #7, a 2 year old enrolled more than 60 days at the facility, lacked documentation of the 4th Pneumococcal and DTAP vaccinations, 3rd Hepatitis B vaccination, 1st MMR and Varicella vaccinations, and 1st and 2nd Hepatitis A vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

Correction Required: 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, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, and #13 must be dismissed from care by close of business on 3-20-24 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: On 12/8/23, observed 22 school age children in the school age room. Staff #1 named 8 school age children in their supervisory group. Staff #2 named 7 school age children in their supervisory group. Staff #3 named 5 school age children in their supervisory group. This left 2 children who were not named in any supervisory group.

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(e)

Description: Restraints prohibited

Noncompliance Area: According to staff statements, a child had been buckled multiple times in a chair using straps to restrain the child for up to 10 minutes at a time with toys provided to the child.

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

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the tumblebugs room, there were multiple fabric blocks on the shelf that had multiple areas with small pieces less than 1 inch in diameter that were coming apart and were accessible to young and older toddlers in the room 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: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: In the starlight room, there was a fabric chair that preschoolers in the room use that had tears and holes in multiple areas exposing the stuffing inside.

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

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 file for child #2, a preschooler, had a health assessment that exceeded 12 months between assessments.

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 file for child #1, a 5 year old, had an immunization record that lacked verification of the Influenza vaccination being administered within the last calendar year in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

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 #1 must be dismissed from care by close of business on 8-7-23 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.151(a)

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

Noncompliance Area: The files for staff person #5 and #10 had a health assessment that 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.

Regulation: 3270.151(a)/3270.151(c)(2)

Description: 12 months prior to service and every 24 months thereafter/Mantoux TB

Noncompliance Area: The file for staff person #2 had a tuberculosis screening by the Mantoux method that was dated over 12 months prior to providing initial service in a child care setting at the facility and requires a current tuberculosis screening by the Mantoux method.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department.

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

Description: Fire safety - 1 yr.

Noncompliance Area: The file for staff person #1 lacked fire safety training within a year of their start date and requires current training.

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

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #6 completed the following required pre-service training on 3-22-23 that was over 90 days after their date of hire (see LIS code sheet): Pediatric first-aid/CPR training.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #9 lacked the out of state Sex Offender and Child Abuse & Neglect registry checks required for a staff person that resided outside of Pennsylvania within the previous 5 years. The file for staff person #7 had an NSOR verification certificate that was dated after their start date (See LIS CODE SHEET). The files for staff person #3 and #4 lacked a disclosure statement at their start date and require a current disclosure statement.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Staff Person #9 may not work at the facility.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The files for staff person #5, #8, and #10 had a staff evaluation that exceeded 12 months between evaluations.

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: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In the tumblebugs room, there was peeling paint in multiple areas on the right wall near the shelf. In the guppies room, there was peeling paint and damaged plaster in multiple areas along the left wall near the bottom edge of the window and on the middle of the right wall on the corner of the column.

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

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the caterpillar room with 1 year olds present in the room, there were several fabric blocks with tears in multiple areas that had small pieces coming apart that were less than 1 inch in diameter and were accessible to 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: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The files for child #5 and #8 had an emergency contact form that lacked the address and telephone number of the child's physician. The file for child #6 had an emergency contact form that lacked the address of the child's physician.

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

Regulation: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The file for child #8 had an emergency contact form that lacked the name of the health insurance and the policy number.

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: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The files for child #5, #6, #7, and #9 had an emergency contact form that lacked the address of the individual designated by the parent to whom the child may be released.

Correction Required: Emergency contact information must include the name, address and telephone number of the individual designated by the parent to whom the child may be released.

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

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

Noncompliance Area: The files for child #4, a 3 year old, and child #8, a 4 year old, had an immunization record that lacked verification of the Influenza vaccination being administered within the last calendar year in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #8, a 4 year old, had an immunization record that lacked documentation of the 4th dose of the DTAP vaccination by age 18 months and the 2nd dose of the Hepatitis A vaccination by age 23 months in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

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: 3270.133(5)

Description: Original label

Noncompliance Area: In the Tumblebugs room, child #1 had Motrin Infants' Drops and Little Remedies Infant Fever & Pain Reliever, child #2 had Children's Tylenol, and child #3 had Infants' Tylenol that were expired.

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: In the Tumblebugs room, child #1 had Little Remedies Infant Fever & Pain Reliever and child #3 had Infants' Tylenol that lacked written parental consent for administration of the medication.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The emergency plan lacked requirements for practice drills and continuity of operations according to federal requirements at 45 CFR § 98.41(a)(1)(vii).

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)

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

Noncompliance Area: The files for staff person #1, #2, #5, #7, and #13 had a health assessment that exceeded 24 months between assessments. The file for staff person #10 lacked an initial health assessment prior to providing initial service in a child care setting at the facility and requires a current health assessment. The files for staff person #11 and #17 lacked a current health assessment updated within the last 24 months.

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

Regulation: 3270.151(c)(3)/3270.151(c)(5)

Description: Exam communicable disease/Physician/CRNP assessment

Noncompliance Area: The files for staff person #12 and #14 had an initial health assessment that lacked an examination for communicable diseases and the results of that examination and 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.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The files for facility person #8 and #9 lacked 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: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: The file for staff person #1 had fire safety training that exceeded a year 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: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person #4 had not completed mandated reporter training within 60 months. This is evidenced by the documented mandated reporter trainings on file being dated 5-25-17 and 6-26-22. Staff person #7 had not completed mandated reporter training within 60 months. This is evidenced by the documented mandated reporter trainings on file being dated 4-19-15 and 5-6-20.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #3 lacked the out of state Sex Offender registry check at their start date and requires a current out of state Sex Offender registry check. (See LIS CODE SHEET) The file for staff person #12, hired provisionally, lacked an NSOR verification certificate within 45 days of their start date and requires a current NSOR verification certificate. The file for staff person #4 had FBI clearances dated 5-25-17 and 6-26-22 that were over 60 months between clearances. The file for staff person #9 had a disclosure statement that lacked the date. The file for staff person #15, hired provisionally, had an FBI clearance dated after their start date and lacked verification of fingerprinting at their start date to be a provisional hire. The file for staff person #16, hired provisionally, had a child abuse clearance dated after their start date and lacked verification of application at their start date to be a provisional hire.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Staff Person #3 and Staff Person #12 may not work at the facility.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The file for staff person #1 had a staff evaluation that exceeded 12 months between evaluations.

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: The file for staff person #6, functioning as an assistant group supervisor, lacked verification of education to qualify as an assistant group supervisor.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In the caterpillar room in the backpack on the floor, there was a bottle of hand sanitizer labeled "Keep out of reach of children" that was accessible to children.

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children.

Regulation: 3270.66(b)

Description: Original container

Noncompliance Area: In the rainbow room in a locked cabinet, there were several food items, including a bag of marshmallows and gummy bears, stored on the same shelf with toxics, including lotions and hand sanitizers.

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(b)

Description: Inaccessible to children

Noncompliance Area: In the caterpillar room, the first-aid kit was in a backpack on the floor and was accessible to children.

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

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first-aid kit, located in the lap pool area where children were swimming, lacked 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: In Phillips Hall, the trim along the bottom of the wall near the water fountain was coming apart from the wall.

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: In Phillips Hall near the water fountain, there was a hole in the wall near the trim at the bottom with damaged plaster.

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(h)

Description: Handwashing signs

Noncompliance Area: In the hallway outside of Phillips Hall, the first bathroom lacked handwashing signs at the sink and toilet, and the second bathroom lacked a handwashing sign at the toilet.

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: According to the operator's self-report, which was confirmed by staff statements and video footage, on 9/22/21 at approximately 10:15 AM, Facility Persons #1 and #2 were supervising 8 toddlers in the gym, when child #1, an older toddler, walked out of the gym. Facility Person #1 and #2 were unaware the child had left. Facility Person #1 realized he was missing after about 20 seconds and began looking for him. He was returned to the gym by Facility Person #3, who found him in the hallway unsupervised, after a little less than 2 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.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: According to the operator's self-report, which was confirmed by staff statements and video footage, on 9/22/21 at approximately 10:15 AM, Facility Persons #1 and #2 were supervising 8 toddlers in the gym, when child #1, an older toddler, walked out of the gym. Facility Person #1 and #2 were unaware the child had left. Facility Person #1 realized he was missing after about 20 seconds and began looking for him. He was returned to the gym by Facility Person #3, who found him in the hallway unsupervised, after a little less than 2 minutes.

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 the operator's self-report, which was confirmed by staff statements and video footage, on 9/22/21 at approximately 10:15 AM, Facility Persons #1 and #2 were supervising 8 toddlers in the gym, when child #1, an older toddler, walked out of the gym. Facility Person #1 and #2 were unaware the child had left. Facility Person #1 realized he was missing after about 20 seconds and began looking for him. He was returned to the gym by Facility Person #3, who found him in the hallway unsupervised, after a little less than 2 minutes.

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: 3270.182(7)

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

Noncompliance Area: Video and audio was captured on 8/12/21 from inside a school bus while staff were sorting children onto two buses to return to the facility from a field trip. One child's head was hit off the ceiling of the bus and immediately began crying when a staff person was moving the child. Another child's arm was pulled by a staff person, after which the child held her arm and cried. According to the operator's statements, incident reports were not written, and therefore not provided to parents, for these incidents.

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(b)

Description: No physical punishment

Noncompliance Area: Video and audio was captured on 8/12/21 from 2:07 to 2:30 PM from inside a school bus while staff were sorting children onto two buses to return to the facility from a field trip. Interviews were also conducted with facility staff that revealed that children were sitting on the bus for approximately 50 minutes while a plan was developed and executed to handle a crisis. Facility Person #1 was observed standing in the bus aisle, talking to a seated young school age child, when they turned towards Child #1, who was also seated, looked at the child, and pushed their elbow into that young school age child's face. Facility Persons #1 and #2 had directed Child #2 to move their legs out of the aisle. When the child did not comply, both staff physically moved the child's legs. When the child placed their legs in the aisle again, Facility Person #1 responded by aggressively moving the child to the seat in front of where the child had been sitting. The child's head was hit off of the bus ceiling while attempting to clear the seat back. The child immediately began to cry. When the bus returned to the facility at 2:30 PM, and as children were exiting the bus, Facility Person #3 was observed pulling Child #3 by the arm forcefully out of the seat. That young school age child was observed holding their arm and crying as they walked up the bus aisle.

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

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Video and audio was captured on 8/12/21 from 2:07 to 2:30 PM from inside a school bus while staff were sorting children onto two buses to return to the facility from a field trip. Interviews were also conducted with facility staff that revealed that children were sitting on the bus for approximately 50 minutes while a plan was developed and executed to handle a crisis. Facility Person #1 was observed standing in the bus aisle, talking to a seated young school age child, when they turned towards Child #1, who was also seated, looked at the child, and pushed their elbow into that young school age child's face. Facility Persons #1 and #2 had directed Child #2 to move their legs out of the aisle. When the child did not comply, both staff physically moved the child's legs. When the child placed their legs in the aisle again, Facility Person #1 responded by aggressively moving the child to the seat in front of where the child had been sitting. The child's head was hit off of the bus ceiling while attempting to clear the seat back. The child immediately began to cry. When the bus returned to the facility at 2:30 PM, and as children were exiting the bus, Facility Person #3 was observed pulling Child #3 by the arm forcefully out of the seat. That young school age child was observed holding their arm and crying as they walked up the bus aisle.

Correction Required: **The legal entity shall ensure all facility staff participate in a two-part training conducted by the Early Learning Resource Center regarding crisis management. The first part of the training should involve all child care administrative staff in order to establish crisis management procedures, in which all staff will then be trained in the second part of the training.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Video and audio was captured on 8/12/21 from 2:07 to 2:30 PM from inside a school bus while staff were sorting children onto two buses to return to the facility from a field trip. Interviews were also conducted with facility staff that revealed that children were sitting on the bus for approximately 50 minutes while a plan was developed and executed to handle a crisis. Facility Person #1 was observed standing in the bus aisle, talking to a seated young school age child, when they turned towards Child #1, who was also seated, looked at the child, and pushed their elbow into that young school age child's face. Facility Persons #1 and #2 had directed Child #2 to move their legs out of the aisle. When the child did not comply, both staff physically moved the child's legs. When the child placed their legs in the aisle again, Facility Person #1 responded by aggressively moving the child to the seat in front of where the child had been sitting. The child's head was hit off of the bus ceiling while attempting to clear the seat back. The child immediately began to cry. When the bus returned to the facility at 2:30 PM, and as children were exiting the bus, Facility Person #3 was observed pulling Child #3 by the arm forcefully out of the seat. That young school age child was observed holding their arm and crying as they walked up the bus aisle.

Correction Required: *The legal entity shall ensure all facility staff participate in a training conducted by the Early Learning Resource Center regarding appropriate supervision/behavior management of children.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Video and audio was captured on 8/12/21 from 2:07 to 2:30 PM from inside a school bus while staff were sorting children onto two buses to return to the facility from a field trip. Interviews were also conducted with facility staff that revealed that children were sitting on the bus for approximately 50 minutes while a plan was developed and executed to handle a crisis. Facility Person #1 was observed standing in the bus aisle, talking to a seated young school age child, when they turned towards Child #1, who was also seated, looked at the child, and pushed their elbow into that young school age child's face. Facility Persons #1 and #2 had directed Child #2 to move their legs out of the aisle. When the child did not comply, both staff physically moved the child's legs. When the child placed their legs in the aisle again, Facility Person #1 responded by aggressively moving the child to the seat in front of where the child had been sitting. The child's head was hit off of the bus ceiling while attempting to clear the seat back. The child immediately began to cry. When the bus returned to the facility at 2:30 PM, and as children were exiting the bus, Facility Person #3 was observed pulling Child #3 by the arm forcefully out of the seat. That young school age child was observed holding their arm and crying as they walked up the bus aisle.

Correction Required: ***The legal entity shall ensure all facility staff attend monthly staff trainings, for a period of a minimum of three months, during which at least one agenda item shall address positive discipline strategies and/or crisis management. This portion of the staff meeting shall be facilitated by the administrative staff along with the ELRC Quality Coach and allow for staff participation. The operator shall keep documentation of the date, the agenda, and the attendees of each of these meetings on file and make this documentation available for review by a DHS representative.