Downtown Child Development Center

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Staff Person #1 admitted to facility staff that they had "tapped" a child on the "butt."

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

Regulation: 3270.108(c)

Description: No styrofoam

Noncompliance Area: There were styrofoam bowls in a cabinet in Room 133 which staff state are used to serve food to children.

Correction Required: Styrofoam cups and plates may not be used.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The criminal history clearance on file for Facility Person #1 was incomplete. The disclosure statement on file for #2 was not signed by a witness.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: There was a bottle of sanitizing spray on a low shelf in an unlocked cabinet in Room 124.

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: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: There was small area of damaged plaster on the wall in Room 113 near the bottom corner of a window near the sink area. There was a small area of damaged plaster/peeling paint on the wall in Room 119 to the right of the entrance.

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(i)

Description: Lidded waste receptacles

Noncompliance Area: There was no lidded trash can at the restroom sink in Room 124.

Correction Required: A toilet area, training chair area, diapering area and sink area shall be equipped with a clean, lidded waste receptacle.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Smoke detector testing was conducted more than 30 days apart on the following dates, according to the log on file: 9/11/25 and then on 10/30/25 and again on12/22/25 and then 2/4/26.

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

Regulation: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: There was a cot not labeled with the name of the child using it in Room 127.

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

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: There were no child service reports completed within the last 6 months on file for children #1, #2 and #4.

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: 3270.124(c)

Description: Each child care space

Noncompliance Area: There were no emergency contact forms in Room 136 for the children receiving care in that room.

Correction Required: When children are in the facility, emergency contact information shall be present in a child care space for children receiving care in the space.

Regulation: 3270.131(a)

Description: Health information

Noncompliance Area: There was no health assessment on file for child #3, who has been attending the facility for more than 60 days.

Correction Required: The operator shall require the parent of an enrolled child, including a child, a foster child and a relative of an operator or a facility person, to provide an initial health report no later than 60 days following the first day of attendance at the facility.

Regulation: 3270.131(b)(1)

Description: Infant: updated health report every 6 months

Noncompliance Area: The most recent health assessment on file for child #1, a young toddler, was completed more than 6 months prior. The current health assessments on file for children #2 and #4 were completed more than 6 months after the prior health assessments. Children #2 and #4 were young toddlers when the health assessment were due.

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

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

Description: Immunization record/Dismissal policy

Noncompliance Area: The most recent immunization record on file for child #1 indicated the child did not have sufficient doses of the pneumococcal, MMR and varicella vaccines according the ACIP recommendations for the age of the child.

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

Regulation: 3270.135(a)(3)

Description: Disposable diapers

Noncompliance Area: The trash cans used for diaper disposal in the toilet areas of Rooms 127 and 130 were not hands-free.

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

Regulation: 3270.135(c)

Description: Diapering area not used for food prep

Noncompliance Area: A tray of food in serving bowls brought from the kitchen and served to the children for lunch, was set on top of the mat used for diapering on the counter in Room 130.

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

Regulation: 3270.151(c)(2)

Description: Mantoux TB

Noncompliance Area: The TB test results documented on file for Facility Person #1 indicates the test was read after their start date.

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.

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

Description: Exam communicable disease/Physician/CRNP assessment

Noncompliance Area: The health assessment on file for Facility Person #2 did not include an examination for communicable diseases and the results of that examination or 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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The current emergency plan training documented and on file for Facility Persons #3, #4 and #5 were conducted more than 12 months after the prior emergency plan training documented.

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: There was documentation of 7.5 approved hours of child care training completed during the most recent review period (2/2024-2/2025) on file for Facility Person #3.

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

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

Description: Fire safety - 1 yr.

Noncompliance Area: The most recent firesafety training documented and on file for Facility Persons #3 and #4 was completed more than 12 months after the previously documented firesafety training on file.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: There was a small area of peeling paint on the wall to the right of the door in Room 133.

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(i)

Description: Lidded waste receptacles

Noncompliance Area: There was no lid on the trash can at a sink area in Room 136.

Correction Required: A toilet area, training chair area, diapering area and sink area shall be equipped with a clean, lidded waste receptacle.

Regulation: 3270.94(a)(3)

Description: Various activity times

Noncompliance Area: The fire drill log shows that monthly fire drills conducted between November 2024 and July 2025 were all conducted in the same 45 minute period of the day (2:15-3:00 PM).

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter ensure fire drills are conducted during various program activity times.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Documentation of smoke detector testing indicates testing was conducted on 7/8/25 then again on 8/20/25, more than 30 days later.

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

Regulation: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: In the Goldfish Room, at approximately 10:35am, an infant was observed to be asleep in a crib that was up against the wall and directly up against another crib therefore not allowing for 2ft on three sides of space while the crib was in use.

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

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: In the Goldfish Room, at approximately 10:35am, two staff and 6 children of mixed ages (infant and young toddler) were observed. During the onset of supervision and ratio, when both staff were asked to identify and name the children whom they were responsible for, Staff person #1 identified and named 3 children and Staff person #2 responded that they were a floater and were just filling in thus leaving 3 children unaccounted for. When staff were asked again to identify and name the children they were responsible for, Staff person #2 required assistance from Staff person #1 to identify the children in their supervision group. Therefore, it was determined that Staff person #2 did not know the names of the children in their respective supervision groups

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: 3270.136(b)

Description: Parent info communicable diseases

Noncompliance Area: As a result of a complaint investigation conducted on 2/10/25, based on interviews with staff, it was determined that the facility did not notify all parents of enrolled children during separate suspected outbreaks of COVID and/or RSV; only the parents of the children in the affected rooms were notified of the suspected outbreaks.

Correction Required: The operator shall inform parents of enrolled children when there is a suspected outbreak of a communicable disease or an outbreak of an unusual illness that represents a public health emergency in the opinion of the Department of Health.

Regulation: 3270.137

Description: Children with Symptoms of Disease

Noncompliance Area: As a result of a complaint investigation conducted on 2/10/25, based on interviews with staff, the doctor notes for those children who were suspected to have a communicable disease were discarded after receiving them and not retained in the child's file.

Correction Required: An operator who observes an enrolled child with symptoms of a communicable disease or infection that can be transmitted directly or indirectly and which may threaten the health of children in care shall exclude the child from attendance until the operator receives notification from a physician or a CRNP that the child is no longer considered a threat to the health of others. The notification shall be retained in the child's file. Diseases and conditions which require exclusion are specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).

Regulation: 3270.153

Description: Facility Person/Symptoms of Disease

Noncompliance Area: As a result of a complaint investigation conducted on 2/10/25 the doctor excuses provided by staff who were suspected to have a communicable disease, did not indicate that they were no longer contagious and no longer a threat to the health and safety of others.

Correction Required: A facility person with symptoms of a communicable disease or infection that can be transmitted directly or indirectly and which may threaten the health of children in care shall be excluded from attendance until the facility operator receives notification from a physician or CRNP that the person is no longer considered a threat to the health of others. The notification shall be retained in the facility person's file. Exclusion from the facility is required for diseases and conditions specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: A plan of supervision for Staff #1 was put in place on 1/10/2025. The legal entity was not compliant with the Child Protective Services Law when staff #1 was permitted to return to work on 1/21/2025 which was prior to receiving all the proper approvals from the involved agencies.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). SAFETY PLAN: The operator is required to submit to the Children and Youth Agency a plan of supervision or alternate arrangement as required by the Child Protective Services Law.

Regulation: 3270.111(b)

Description: Posted in group space

Noncompliance Area: The daily schedule posted in the Beagles and Kittens rooms did not include a schedule for DHS child care that occurs at the ends of the days.

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

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: There was no child service report completed and on file with a copy given to the parent for child #6.

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)(5)

Description: Designated release persons

Noncompliance Area: The release persons were not specified on the agreement on file for child #3.

Correction Required: An agreement shall specify the persons designated by a parent to whom the child may be released.

Regulation: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: The admission date was not specified on the agreements on file for children #1 and #7.

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

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact form on file for child #3 did not include the name, address and telephone number 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(a)

Description: Health information

Noncompliance Area: The initial health assessment on file for child #5 was completed more than 60 days after the child's first date of attendance.

Correction Required: The operator shall require the parent of an enrolled child, including a child, a foster child and a relative of an operator or a facility person, to provide an initial health report no later than 60 days following the first day of attendance at the facility.

Regulation: 3270.131(b)(2)

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

Noncompliance Area: The current health assessment on file for child #4, a preschooler, was completed more than 12 months prior.

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.

Regulation: 3270.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The health assessment on file for child #2 did not include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Correction Required: A health report shall include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Regulation: 3270.135(c)

Description: Diapering area not used for food prep

Noncompliance Area: In the Goldfish and Hamsters rooms, there were bottle warmers and feeding supplies, including cans of formula and bibs located next to and behind the sinks at the changing areas, used for handwashing after diapering.

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

Regulation: 3270.171(a)

Description: Pick-up and drop-off points

Noncompliance Area: The most recent letter on file notifying local traffic safety authorities annually in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the child care facility was dated more than 12 months prior.

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

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: There were no written nonfamily references on file for Facility Person #1.

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

Regulation: 3270.27(a)(6)

Description: Emergency plan

Noncompliance Area: There was no documentation of an emergency drill conducted in the previous 12 months.

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

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The most recent emergency plan training documented and on file for Facility Person #2 was completed more than 12 months after the previous emergency plan training documented and on file.

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: There was documentation of only 3 hours of child care training completed during the most recent review period on file for Facility Person #1.

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

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

Description: Fire safety - 1 yr.

Noncompliance Area: The most recent fire safety training documented and on file for Facility Person #2 was completed more than 12 months after the previous fire safety training documented and on file.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The FBI clearance on file for Facility Person #1 was not completed in the previous 60 months. The disclosure statement signed and on file for Facility Person #3 was not signed by a witness. There was no signed disclosure statement on file for Facility Person #4.

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

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

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

Noncompliance Area: There was not documentation of sufficient child care experience on file for Facility Person #1, for their classification of 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: There were diaper creams hanging in a storage unit in reach of children in a bathroom stall in the Boxers room. There was bleach water in an unlocked cabinet, on a low shelf in reach of children, in the Beagles Room. There was a can of air freshener labeled "keep out of reach of children," in the restroom in the large gym, on a metal bar low enough to be in reach of 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: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: The first aid kit in the Boxers room was in a backpack hanging low enough to be within in reach of children in the space.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: There were small areas of peeling paint behind trash cans in the Hamsters room.

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

Regulation: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: There was a crib located partially in front of an exit from the Hamster room to the outdoor playspace.

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

Regulation: 3270.20(a)(1)/3270.20(b)

Description: Inpatient hospitalization or ER treatment of child/Mail or deliver written report to regional office within 72 hours

Noncompliance Area: The facility did not provide notification by telephone or email to the regional office within 24 hours of a child receiving emergency room treatment resulting from an injury at the facility. The facility also did not provide a written report to the regional office within 72 hours of a child receiving emergency room treatment resulting from an injury at the facility.

Correction Required: The operator shall immediately notify a child's parent and shall telephone notice to the appropriate regional office within 24 hours if a child in care at the facility is hospitalized or receives emergency room treatment. The operator shall mail or deliver a written report to the appropriate regional office within 72 hours after hospitalization of a child in care, emergency room treatment of a child in care, death of a child in care, a facility fire requiring the services of a fire department.

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

Description: Age and Training

Noncompliance Area: The files for Staff Person's #1 and #2 lacked current Pediatric First Aid and CPR training. The Pediatric First Aid and CPR training for Staff Person #1 expired on 7.28.24 and the Pediatric First Aid and CPR training for Staff Person #2 expired on 5.17.24.

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. Staff Person's #1 and #2 will have until August 28, 2024 to complete Pediatric First Aid and CPR training.

Regulation: 3270.52

Description: Mixed Age Level

Noncompliance Area: According to staff statements, the facility has exceeded the 1:5 ratio for mixed age groups including young toddler age children in the morning.

Correction Required: When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements in § 3270.51 (relating to similar age level).

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility exceeded 30 days between alarm testing on 11.3.2023 and 12.4.2023 and then again between 12.4.2023 and 1.24.2024.

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

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: According to statements from staff at the facility, Facility Person #1 has been observed handling children in a rough, aggressive manner on multiple occasions.

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

Regulation: 3270.113(d)

Description: No harsh language

Noncompliance Area: According to statements from staff at the facility, Facility Person #1 has been observed using a harsh tone of voice with children on multiple occasions.

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

Regulation: 3270.162(c)

Description: Not withheld as discipline

Noncompliance Area: According to statements of staff who witnessed the incident, on 2/15/24, Facility Persons #1 and #2 were supervising a mixed group of preschoolers and older toddlers. When Facility Person #1 directed the children to sit on the floor in order to be called to the table for lunch, and Child #1 refused to sit on the floor, Facility Person #1 did not permit the child to come to the table to eat. After approximately 3 minutes of the child standing and crying, Facility Person #3 came into the classroom and assisted Child #1 to sit on the floor, at which point Child #1 was then permitted to come to the table for lunch.

Correction Required: Food may not be withheld from a child for purposes of discipline.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Facility Person #1 was observed caring for 4 preschoolers in Room 136 (Poodles Room) with no other staff persons in the classroom. There was no documentation on file indicating that Facility Person #1 had completed the required pre-service health and safety 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. Until such time as the required pre-service trainings are completed, Facility Person #1 must be supervised, when interacting with children, by an AGS who has completed the required training related to this citation. If there are no staff person(s) available to supervise Facility Person #1, Facility Person #1 may not work in a child-care position at the facility.

Regulation: 3270.102(f)

Description: Indoor climbing- protective surface

Noncompliance Area: Climbing equipment in Room 133 was not fully installed over a protective surface covering.

Correction Required: Indoor play equipment for climbing shall be installed or used over a protective surface covering which does not interfere with the stability of the equipment.

Regulation: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: A cot in use in Room 130 did not have at least 2 feet of space on three sides.

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

Regulation: 3270.111(b)

Description: Posted in group space

Noncompliance Area: The daily activity schedule was not posted in Room 136.

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

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: There was no child service report on file for child #2, enrolled at the facility for more than 6 months.

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: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The emergency contact form on file for child #2 did not include the phone number of the 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(e)

Description: Written emergency plan posted

Noncompliance Area: The medical emergency transportation plan was not posted in Room 136.

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(b)(1)

Description: Infant: updated health report every 6 months

Noncompliance Area: The most recent health assessment on file for child #3, an infant, was completed more than 6 months prior.

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

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

Description: Immunization record/Dismissal policy

Noncompliance Area: The immunization record on file for child #1 did not indicate the child had sufficient doses of the Hepatits B, DTAP, pneumococcal, polio and Hepatitis A vaccines.

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 #1must be dismissed from care by close of business 9/18/23 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.166(4)

Description: Bottles labeled

Noncompliance Area: There was an infant's bottle in Room 121 not labeled with the child's name.

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

Regulation: 3270.27(a)(6)

Description: Emergency plan

Noncompliance Area: The documentation of the emergency drill conducted on 6/21/23 did not include all required components.

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

Regulation: 3270.27(d)

Description: Plan posted

Noncompliance Area: The emergency plan was not posted.

Correction Required: The operator shall post the emergency plan in the facility at a conspicuous location.

Regulation: 3270.31(e)

Description: Age and Training

Noncompliance Area: There was documentation of a total of 5.5 hours of child care training on file for the most recent review year for Facility Person #1.

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

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The NSOR clearance on file for Facility Person #3 was completed more than 45 days after their start date.

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

Regulation: 3270.34(b)(3)

Description: Associate's + 3 yrs

Noncompliance Area: Facility Person #2 was classified as the Facility's director based on completion of an associates degree in a human services field and at least 3 years of child care experience. Review of documentation on file indicates that Facility Person #2 has not yet completed an associates degree.

Correction Required: A director shall have attained an associate's degree from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field and 3 years of experience with children.

Regulation: 3270.34(c)

Description: Employed and present 30 hrs/wk

Noncompliance Area: There is no staff person qualified to be and designated as the facility's director employed and present at the facility a minimum of 30 hours per week.

Correction Required: A director shall be employed by a facility and be present at the facility site a minimum of 30 hours per week.

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

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

Noncompliance Area: There was no documentation of the education and experience on file for Facility Person #3 required for their classification 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: The following toxics were accessible to children: -in Room 133, sanitizing solution in an unlocked low cabinet -in Room 140, bleach water in an unlocked cabinet on a shelf in reach of children -in Room 136 glass cleaner in an unlocked cabinet on a shelf in reach of 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: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: The first aid kit in Room 109 was in a backpack on a shelf in reach of children.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: There was an area of peeling paint on the wall behind the trash can used for diaper disposal in Room 133. There was an area of peeling paint on the wall near the exterior exit and on a wall under the window in Room 109. There was an area of damaged plaster on the wall near the interior exit in Room 140.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: At approximately 2:05 PM Facility Person #1 was observed to be the sole staff person in Room 127. There were 5 preschoolers and 4 older toddlers in the room, and eight of these children were resting on rest equipment. Facility Person #1 was observed in a toilet stall in the classroom, with the door closed, assisting the remaining child in the stall, unable to see the other children in the classroom.

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: **At approximately 3:30 in Room 109, Facility Persons #1 and #2 were supervising a total of 9 preschoolers. When asked to identify which children each staff person was supervising, Facility Person #1 identified 4 children, and Facility Person identified 3 children. One of the children was not claimed by either staff person as a part of their assigned supervision group.

Correction Required: **The legal entity shall ensure all staff responsible for supervising children utilize a hands-free tangible method of tracking and identifying the children who they are responsible for supervising.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: At approximately 3:30 in Room 109, Facility Persons #1 and #2 were supervising a total of 9 preschoolers. When asked to identify which children each staff person was supervising, Facility Person #1 identified 4 children, and Facility Person #2 identified 3 children. One of the children was not claimed by either staff person as a part of their assigned supervision 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: 3270.135(b)

Description: Surfaces cleaned

Noncompliance Area: According to staff statements, the diaper changing surface is not always sanitized after each diaper change. After some diaper changes, the surface is cleaned with soapy water.

Correction Required: Diaper changing surfaces shall be cleaned after each use by wiping the surface with a sanitizing solution or by changing a pad or other surface covering.

Regulation: 3270.136(b)

Description: Parent info communicable diseases

Noncompliance Area: According to staff statements, the facility did not notify parents of enrolled children, at times, when children in care were confirmed to have a communicable disease or had symptoms of a communicable disease that represents a public health emergency in the opinion of the Department of Health.

Correction Required: The operator shall inform parents of enrolled children when there is a suspected outbreak of a communicable disease or an outbreak of an unusual illness that represents a public health emergency in the opinion of the Department of Health.

Regulation: 3270.137

Description: Children with Symptoms of Disease

Noncompliance Area: According to staff statements, there have been instances where a child was confirmed to have a communicable disease or had symptoms of a communicable disease and was permitted to return to care without written notification from a physician or a CRNP that the child is no longer considered a threat to the health of others.

Correction Required: An operator who observes an enrolled child with symptoms of a communicable disease or infection that can be transmitted directly or indirectly and which may threaten the health of children in care shall exclude the child from attendance until the operator receives notification from a physician or a CRNP that the child is no longer considered a threat to the health of others. The notification shall be retained in the child's file. Diseases and conditions which require exclusion are specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).

Regulation: 3270.134(f)

Description: Toothbrush bristles up

Noncompliance Area: Toothbrushes used by children in the goldfish room were stored in a closed cabinet.

Correction Required: Toothbrushes shall be stored with the bristles up and exposed to circulating air.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The facility's emergency plan does not include a plan for continuity of operations in the event of an emergency.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations.State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation.Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.166(1)

Description: Written statement

Noncompliance Area: There was no written feeding schedule from the parent at the facility for one of the enrolled infants.

Correction Required: A written statement giving the formula and feeding schedule for an infant shall be obtained from the parent.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: There was only one nonfamily written reference on file for Facility Person #2.

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

Regulation: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: The emergency plan did not provide for accommodations for toddlers.

Correction Required: The facility shall have an emergency plan that provides for accommodations for infants, toddlers, children with disabilities, and children with chronic medical conditions.

Regulation: 3270.36(b)(5)

Description: HS/GED + 2 yrs

Noncompliance Area: Facility Person #1 was classified as an assistant group supervisor based on completion of high school and at least 2 years of previous child care experience. The two years of child care experience documented and on file for Facility Person #1 included hours of experience obtained while fulfilling the requirements of a secondary child care training or educational curriculum.

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 2 years experience with children. Child care experience is defined in 3270.4 as follows: Care for a child in lieu of care by the parent or guardian for part of a 24-hour day. The term includes care of foster children in a court-supervised arrangement. The term does not include care of related children who reside with an individual. The term does not include supervised onsite training in the case of a student who is fulfilling the requirements of a secondary or postsecondary child care training or educational curriculum.

Regulation: 3270.69(b)

Description: 110º F or less

Noncompliance Area: The hot water temperature, at a low sink used by children in the Kittens room, was measured to be 120° F.

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

Regulation: 3270.94(a)(9)

Description: Written record

Noncompliance Area: The fire drill log on file did not include the number of children participating in the fire drill conducted on 7/27/22.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that a written record is maintained on file at the facility indicating the specific time of day of the drill, the hypothetical location of the fire, the evacuation time, and the names of the facility persons and the number of children who participate in the fire drill.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: At approximately 11:20 AM in room 109, Facility Persons #1 and #2 were supervising a total of 19 preschoolers. Facility Person #1 identified the children they were supervising (nine preschoolers). Facility Person #2 stated they were new and knew the names of only three of the ten children assigned to their supervision group. At approximately 11:30 AM, Facility Persons #3, #4 and #5 were exiting the gross motor room with 2 older toddlers and 9 preschoolers when they stopped to identify their supervision groups. After each staff person named their children, it was discovered one of the preschoolers was not identified by any of the staff as a part of their supervision group. In total 10 of the 11 children were claimed by a staff person as being supervised by them.

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: 3270.102(f)

Description: Indoor climbing- protective surface

Noncompliance Area: There was a piece of climbing equipment in Room 133 not installed over a protective surface covering.

Correction Required: Indoor play equipment for climbing shall be installed or used over a protective surface covering which does not interfere with the stability of the equipment.

Regulation: 3270.107

Description: Refrigerator

Noncompliance Area: There was no thermometer in the refrigerator in Room 140.

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: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The letter to the parents explaining the emergency plan did not include the program's planned procedures for shelter in place or lock-down situations.

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

Regulation: 3270.27(f)

Description: Emergency plan

Noncompliance Area: The operator states a copy of the emergency plan was sent to the municipality and the county emergency management agency. There was no documentation of the submission to the municipality, and documentation of submission to the county did not include all the information in the Emergency Plan Delivery Documentation form.

Correction Required: The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: There was a can of glass cleaner and a bottle of aloe gel each in a in low, unlocked cabinet in Room 127.Both items were labeled "keep out of reach of 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: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: There was a small area of damaged plaster on the wall in Room 140, near the exterior door.

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