Cheryl A Smith Daycare

Regulation: 3290.123(a)(4)

Description: Arrival/departure times

Noncompliance Area: The financial agreement on file for Child #2 lacked the child's arrival and departure times.

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

Regulation: 3290.131(b)(2)/3290.182(1)

Description: Updated toddler/preschool health report: every 12 months/Initial and subsequent health assessments

Noncompliance Area: The two most recent health assessments on file for Child #1 (Preschool Age) are dated 1/12/24 and 5/16/25, more than 12 months 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 child's record must contain initial and subsequent health reports.

Regulation: 3290.131(d)(5)/3290.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The immunization record for Child #2 (Young Toddler) lacked the following immunizations: 1dose of Hepatitis A without a Letter of Exemption in the file. Child #2 must be dismissed from care by close of business on 11/13/25 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

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).

Regulation: 3290.24(f)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan parent letter lacked emergency procedures for lockdown and accommodations for infants, toddlers, children with special needs, 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: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The most recent National Sex Offender Registry certificate on file for Staff #1 is dated 1/21/20, more than 60 months prior.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Facility Person #1 may not work in a child care position at the facility. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person #1 may not work in a child care position at the facility.

Regulation: 3290.123(b)/3290.182(8)

Description: Parent receives original/Copy of initial and subsequent agreements. Parent receives original.

Noncompliance Area: The files for Child #1, Child #2, Child #3, Child #4 contained the original copy of the financial agreement form. The parent is to receive the original agreement, and the facility is to retain a copy of the original agreement.

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

Regulation: 3290.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The Emergency Contact form for Child #1 lacked the name of the child's physician or source of medical care.

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

Regulation: 3290.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The Emergency Contact forms for Child #1, Child #2, Child #3, and Child #4 lacked complete addresses for all listed release persons.

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: 3290.18

Description: General Health and Safety

Noncompliance Area: The facility's Emergency Plan lacked a Continuity of Operations policy.

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

Regulation: 3290.31(f)(4)(i)

Description: Age and training

Noncompliance Area: The two most recent Pediatric First Aid/CPR trainings on file for Staff #1 are dated 5/21/22 & 7/27/24, more than 24 months apart.

Correction Required: Competence is the completion of training by a professional in the field of first-aid and 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: 3290.113(a)

Description: Supervised at all times

Noncompliance Area: At approximately 11:25 AM the operator answered the side door of the facility with 2 of the 3 children in care, leaving one child unsupervised in the playroom.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio).

Regulation: 3290.131(d)(5)/3290.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The immunization record on file for child #1 does not include verification of receiving the annual flu vaccination that is recommended by the ACIP.

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).

Regulation: 3290.64(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: It was observed that under the sink in the kitchen that there were toxics/cleaning items (Kaboom, Goo Gone, Bug Spray, Casada), there was a child safety lock on the cabinet, but it was not working properly which made the toxics accessible to the children in care.

Correction Required: Cleaning materials and other toxic materials shall be stored in an original labeled container or in a container that specifies the content. Toxics shall be kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

Regulation: 3290.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: It was observed that there was a tote of dress up clothes in front of the front door obstructing the exit from the playroom.

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

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: The fire detection 30-day testing log includes dates of 7/1/23-8/28/23 which are more than 30 days 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 operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3290.95(a) are met.