Dhariana Nunez Gutierrez

Regulation: 3290.123(a)(1)/3290.123(a)(4)

Description: Amount of fee/Arrival/departure times

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, files of enrolled children were reviewed. The following information was missing from children's fee agreements: Child #1: Fee amount. Child #2: Fee amount. Arrival and departure times.

Correction Required: An agreement shall specify the amount of the fee to be charged per day or per week. An agreement shall specify the child's arrival and departure times.

Regulation: 3290.124(b)(1)

Description: Child's name, birth date

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, files of enrolled children were reviewed. Emergency contact information on file for Child #2 did not include the birth date of the child.

Correction Required: Emergency contact information must include the name and birth date of the child.

Regulation: 3290.124(d)

Description: Written emergency plan posted

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, emergency transportation plan was not posted in the facility.

Correction Required: A written plan shall be conspicuously posted which identifies the means of transporting a child to emergency care and the facility staffing provisions in the event of an emergency. The plan must accompany a staff person who leaves the facility on an excursion with children.

Regulation: 3290.131(a)/3290.131(e)

Description: Within 60 days/Immunization record

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, files of enrolled children were reviewed. File for Child #2 did not include an initial health assessment or written verification of immunizations. Child #2 has been attending the facility for more than 60 days (see LIS code sheet for date of admission).

Correction Required: The operator shall require the parent of an enrolled child to provide an initial health report no later than 60 days following the first day of attendance at the facility. 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 #2 must be dismissed from care by close of business 5/20/2026 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, facility's emergency plan was reviewed. The emergency plan did not include continuity of operations during and after an emergency that includes continuing daily operations, backing up or retrieving health and other key records/files and managing financial issues such as paying employees and bills during the aftermath of the disaster.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The OCDEL ANNOUNCEMENT C-22-04 requires facility emergency plans to include continuity of operations during and after an emergency that includes continuing daily operations, backing up or retrieving health and other key records/files and managing financial issues such as paying employees and bills during the aftermath of the disaster.

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, facility's policy and procedure to identify the prevention of shaken baby syndrome, abusive head trauma, and child maltreatment was reviewed. Policy does not address the prevention and identification of child maltreatment.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. Announcement C-22-03: Updates to Prevention of Shaken Baby Syndrome, Abusive Head Trauma, and Child Maltreatment Requirements states To maintain compliance with 45 CFR 98.41(a)(1)(vi), in addition to the training requirements, child care providers must have a policy and procedure to identify the prevention of shaken baby syndrome, abusive head trauma, and child maltreatment. The policy must include, but is not limited to: · Recognition of potential signs and symptoms of shaken baby syndrome and abusive head trauma; · Strategies for coping with a crying, fussing, or distraught child; and · Address the prevention and identification of child maltreatment.

Regulation: 3290.32(a)

Description: Comply with CPSL

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, staff and household members files were reviewed. File for Staff Person #1 did not contained a signed, dated, and witnessed disclosure statement.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Staff Person #1 may not work in a child care position with direct contact and routine interaction with children. until a completed disclosure statement is on file at the facility.

Regulation: 3290.94(a)(2)/3290.94(a)(4)

Description: Different times of day/Hypothetical locations

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, facility's fire drill log was reviewed. Facility's fire drills all take place at 1:30PM and the hypothetical location is always in the living room.

Correction Required: Fire drills are conducted at different times of the day or night, or both, if applicable. The hypothetical locations of the fire are rotated around the facility for each drill such that the hypothetical location is never the same for consecutive drills.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: A renewal inspection was conducted 4/29/2026-6/5/2026. At that time, facility's fire detection testing log was reviewed. Facility's fire detection testing log reflected that smoke alarms were tested past 30 days on the following occasions: 4/4/25-5/14/25, 7/7/25-8/11/25, 10/3/25-11/4/25, 11/4/25-12/12/25, 3/2/26-4/1/26

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 subsection (a) are met.

Regulation: 3290.18/3290.24(g)

Description: General Health and Safety/Emergency plan

Noncompliance Area: The facility emergency plan does not address continuity of operations. The updated emergency plan has not been sent to the local municipality.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. 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: 3290.24(d)

Description: Emergency plan

Noncompliance Area: The most recent emergency drill was conducted on 11/21/23.

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

Regulation: 3290.31(f)

Description: Age and training

Noncompliance Area: Staff person #1 has 6 hours of annual childcare training.

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

Regulation: 3290.74(a)

Description: Requirements

Noncompliance Area: The floor at the top of the stairs is damaged, resulting in a tripping hazard.

Correction Required: Floors, walls, ceilings and other surfaces, including the facility's outdoor play area, shall be kept clean, in good repair and free from visible hazards.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: Smoke detectors are not being tested every 30 days. The smoke detectors were most recently tested on 4/4/25.

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.

Regulation: 3290.113(a)/3290.113(f)

Description: Supervised at all times /Supervision of children

Noncompliance Area: During a complaint investigation started on 9/5/24, Staff person #1 admitted that on 8/7/24, Child #1 and Child #2, ages 8 and 2, were unsupervised from approximately 8:43AM to 9:03AM on the first floor of the family home, while Staff person #1 was in the bathroom on the second floor. Staff person #1 admitted that the indoor cameras were not hooked up at the time of the incident, so she was not able to supervise the children electronically.

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). Children must be supervised at all times. The legal entity must arrange for all staff to receive a minimum of three hours of training regarding Supervision. The training must be PQAS approved, in-person, and outside of childcare hours. The legal entity must receive DHS approval of the training content prior to scheduling the training. When there is only one operator present in the family child care home and the operator is unable to be physically present with the children because the operator is preparing snacks or meals for children in care or the operator is using the restroom, the operator may comply with the supervision requirement in subsection (a) through the use of an electronic monitor, camera, mirror, or other device or method so the operator can see, hear, direct and assess the children in real time at all times.

Regulation: 3290.113(a)/3290.113(f)

Description: Supervised at all times /Supervision of children

Noncompliance Area: During a complaint investigation started on 9/5/24, Staff person #1 admitted that on 8/7/24, Child #1 and Child #2, ages 8 and 2, were unsupervised from approximately 8:43AM to 9:03AM on the first floor of the family home, while Staff person #1 was in the bathroom on the second floor. Staff person #1 admitted that the indoor cameras were not hooked up at the time of the incident, so she was not able to supervise the children electronically.

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). Children must be supervised at all times. When there is only one operator present in the family child care home and the operator is unable to be physically present with the children because the operator is preparing snacks or meals for children in care or the operator is using the restroom, the operator may comply with the supervision requirement in subsection (a) through the use of an electronic monitor, camera, mirror, or other device or method so the operator can see, hear, direct and assess the children in real time at all times.

Regulation: 3290.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: There is no work address for the enrolling parent included on the emergency contact form for Child #1 or Child #2.

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

Regulation: 3290.192(2)

Description: Health assessment, TB test

Noncompliance Area: Staff Person #1 did not have a physical on file at the facility.

Correction Required: 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: 3290.70(d)

Description: Above ground window opening restricted to 6"

Noncompliance Area: Windows in the second floor bathroom were not restricted to open 6 or fewer inches.

Correction Required: Windows or doors above the ground floor that open directly to the outdoors and are accessible to children shall be constructed, modified or adapted to limit the opening to 6 or fewer inches.

Regulation: 3290.73(a)

Description: In facility

Noncompliance Area: There was no first-aid kit present in the facility.

Correction Required: A first-aid kit shall be in the facility.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: There was no fire extinguisher in the kitchen.

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. Family child care homes must have a portable fire extinguisher rated for class B fires in the kitchen and other cooking areas.

Noncompliance Area: Facility has a dog and did not have a current rabies immunization record on file.

Correction Required: A veterinarian's certificate of current rabies immunization is required for a cat or dog at the facility. The certificate shall be on file when the cat or dog is present.

Noncompliance Area: Facility did not have a general menu plan for the children in care.

Correction Required: The operator shall discuss the general menu plan with the parent so that the daily nutritional needs of the child can be met.

Noncompliance Area: Facility stated that three children were recently enrolled at the facility. As per provider, she did not have a file for the children.

Correction Required: An operator shall establish and maintain an individual record for each child enrolled in the facility.

Noncompliance Area: The emergency plan was not posted. The certificate of compliance was also not posted.

Correction Required: The facility's current certificate of registration and a copy of the applicable regulations under which the facility is certified shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional day care office posted at the same locationThe operator shall post the emergency plan in the facility at a conspicuous location.

Noncompliance Area: Children 1-4 did not have health assessments in their files. Children 1, 2 and 4 also did not have an immunization report on file.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP.A child's record must contain initial and subsequent health reports.

Noncompliance Area: Staff 1 did not have her updated state police clearance on file at the facility.

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. Facility Person #--- may not work in a child care position at the facility.

Noncompliance Area: There were plastic bags in an unlocked cabinet, which was under the bathroom sink, that were accessible to children.

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.

Noncompliance Area: The cots that the children rest on were not labeled with their individual names.

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

Noncompliance Area: The provider did not have a daily activity schedule developed.

Correction Required: A written plan of daily activities and routines, including a time for free play shall be established for each group. The plan shall be flexible to accommodate the needs of individual children and the dynamics of the group.

Noncompliance Area: Children 2, 3 and 4 did not have a fee amount documented on the fee agreement. Provider also did not have it documented if the families pay per day or week. The date on which the fee is to be paid was also not specified.

Correction Required: An agreement shall specify the amount of the fee to be charged per day or per week. An agreement shall specify the date on which the fee is to be paid.

Noncompliance Area: Child 2 did not have the services provided section filled out on his fee agreement.

Correction Required: An agreement shall specify 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 at 3290.124(e).

Noncompliance Area: Children 1-3 did not have their health insurance coverage information and policy number documented on the emergency contact form.

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.

Noncompliance Area: The facility did not have the emergency plan, certificate of compliance or 3290 regulations posted in a conspicuous location used by parents.

Correction Required: The facility's current certificate of registration and a copy of the applicable regulations under which the facility is certified shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional day care office posted at the same locationThe operator shall post the emergency plan in the facility at a conspicuous location.

Noncompliance Area: There were two uncovered electrical outlets in the kitchen area. There was no gate separating the day care area from the kitchen. As a result, the kitchen, including the electrical outlets, was accessible to the children.

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