Downtown YMCA

Regulation: 3270.124(c)

Description: Each child care space

Noncompliance Area: During an excursion to Camp Sherwin, there was no emergency contact form in the pool area for child #1, receiving care in that space.

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: 3270.151(a)

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

Noncompliance Area: The most recent health assessments on file for Facility Person #1 and #2, who serve as a lifeguards for the program during excursions to Camp Sherwin that include swimming, were each completed more than 24 months prior.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The criminal history clearance on file for Facility Person #3, who serves as a lifeguard for the program during excursions to Camp Sherwin which include swimming, was incomplete as it did not include the results or date disseminated.

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 #3 may not work with children as a part of the child care program.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: During an excursion to Camp Sherwin, there were no tweezers in the first aid kit in the pool area where children were receiving care.

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the infant room, there was exposed foam on a torn child-size sofa.

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

Regulation: 3270.123(a)

Description: Signed

Noncompliance Area: The current agreement on file for child #6 was not signed by the operator.

Correction Required: An agreement shall be signed by the operator and the parent.

Regulation: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: The admission date on the agreement on file for child #2 was incorrect, as per the operator's statement. There was no admission date on the agreement on file for child #6.

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

Regulation: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The emergency contact form on file for child #2 did not include 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: 3270.131(a)

Description: Health information

Noncompliance Area: The current/initial health assessment on file for child #1 was dated more than 60 days after their first day of attendance. There was no health assessment on file for child #5, enrolled at 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: 3270.151(a)/3270.192(3)

Description: 12 months prior to service and every 24 months thereafter/Health assessment, TB test

Noncompliance Area: The current health assessment on file for Facility Person #6 was completed more than 24 months after their previous health assessment on file.

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

Regulation: 3270.166(1)

Description: Written statement

Noncompliance Area: There was no written feeding schedule present from the parent of 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: 3270.27(b)

Description: Plan reviewed/updated annually

Noncompliance Area: There was no documentation the emergency plan was reviewed within the previous 12 months.

Correction Required: The operator shall review the emergency plan at least annually and update the plan as needed. The operator shall document in writing each review and update of the emergency plan and kept on file at the facility.

Regulation: 3270.31(f)(10)

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

Noncompliance Area: The pediatric first aid & CPR training documented and on file for Facility Person #3 was completed more than 90 days after their start date.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The current criminal history, child abuse and NSOR clearances on file for Facility Person #4 were completed more than 60 months after the prior respective clearance on file. The current FBI and NSOR clearances on file for Facility Person #5 were completed more than 60 months after the prior respective clearance on file. The criminal history clearance on file for Facility Person #7 was incomplete. The disclosure statement signed and on file for Facility Person #7 was not the most updated form of the disclosure statement at the time of their 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. Facility Person #7 may not work in a child care position at the facility without all completed clearances on file.

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

Description: Assistant Group Supervisor qualifications/Exp, educ., training prior to facility

Noncompliance Area: Facility Persons #1 and #2 were classified as assistant group supervisors. Based on their respective levels of education documented, there was insufficient child care experience documented and on file to meet the requirements to serve as assistant group supervisors.

Correction Required: An assistant group supervisor shall have attained one of the qualification levels specified at § 3270.36(b)(1-5). A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.71

Description: Heat Source

Noncompliance Area: There were two radiators in the hallway outside of the racquetball court classrooms that were measured to be 171° F. There was a radiator in the studio and Court 4 that was measured to be 138° F

Correction Required: Hot water pipes and other sources of heat exceeding 110° F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact.

Regulation: 3270.72(b)

Description: Screened

Noncompliance Area: There was an open window in the hallway outside of the Court 3 room that was not screened.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility has a valid reason the are unable to test their smoke detectors. Documentation of professional inspections of the interconnected fire alarm system, required annually, were conducted on 2/17/25 and then next on 2/24/26.

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: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: On August 12, 2025 at approximately 11:45am in the Gym there were 19 young school age children in attendance. Staff #1 named 13 young school age children and Staff #2 named 4 young school age children, leaving 2 children not assigned to a staff person.

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: On August 12, 2025 at approximately 11:45am in the Gym there were 19 young school age children in attendance. Staff #1 named 13 young school age children and Staff #2 named 4 young school age children, putting Staff #1 over ratio by 1 and making a 0-2 ratio for the 2 children that were not named.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: According to multiple staff statements, staff have been observed numerous times using their personal cellphones when in ratio, resulting in lack of supervision of the children in their care.

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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: There was no documentation that Facility Person #1, serving as a lifeguard at an excursion at Camp Sherwin that included swimming, had been trained on the emergency plan in the previous 12 months.

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: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: Approved child assessments completed an on file for children # 1, #2, #3, #4, and #6 were not completed at least every 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: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: The agreements on file for children #2, #4 and #5 did not specify the admission date.

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 # 8 did not include the address of one of the release persons listed.

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

Regulation: 3270.124(e)

Description: Written emergency plan posted

Noncompliance Area: The medical emergency transportation plan in the Shining Stars room was placed on a shelf and toys had been placed on top of it, resulting in it not being posted conspicuously.

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 initial health assessment on file for child # 7 was completed more than 60 days after their 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(b)(2)

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

Noncompliance Area: The current health assessment on file for child #6, a preschooler, dated 9/5/24, was completed more than 12 months after the previous health assessment on file for the child, dated 8/29/23.

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: 3270.135(a)(3)

Description: Disposable diapers

Noncompliance Area: As per the operator's statement, diapers/pull-ups worn by children in the older toddler/preschool room are changed in the changing area in the restroom across the hall from the classroom. There was no hands-free trash can for diaper disposal in that restroom changing area.

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: 3270.166(1)

Description: Written statement

Noncompliance Area: There was no written feeding schedule 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: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The facility's current certificate of compliance was not posted.

Correction Required: The facility's current certificate of compliance shall be posted in a conspicuous location used by parents. The operator shall provide the parent of each child enrolled with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional child care office.

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

Description: Fire safety - 1 yr.

Noncompliance Area: The current firesafety training completed and documented on file for Facility Person #1 was completed more than 12 months after the previous fire safety 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)(10)

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

Noncompliance Area: The initial first aid training completed and documented on file for Facility Person #2 was completed more than 90 days after their date of hire.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The NSOR clearance on file for Facility Person #3 was completed after their first date of employment in a child care position (after 2/1/25.).

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 were toxics (bleach water and other cleaning supplies) accessible to children in cabinets under sinks in the infant room and sensory room due to faulty locks on the cabinet doors.

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

Regulation: 3270.72(b)

Description: Screened

Noncompliance Area: There was a torn screen in an open window in the North Gym.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: There was peeling paint / damaged plaster in the SACC room, near the floor under the windows, in the Kinderbear room on the wall near the sink, and in the Pre-K room where a gate is installed in the front part of the room.

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

Regulation: 3270.82(i)

Description: Lidded waste receptacles

Noncompliance Area: There was no lidded trash can at one of the sink areas in the older toddler/preschool room.

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

Regulation: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: There was a piece of play equipment in front of a door from the Shining Stars room, blocking the exit.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The child care operator is unable to test the fire detection system annually at the certification renwal inspection and at least every 30 days due to a valid reason. The most recent professional inspections of the fire detection systems documented and on file were completed on 2/9/24 and then again on 2/17/25, more than 12 months apart.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: According to reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young school ager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

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 reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young schoolager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

Correction Required: ***The legal entity shall ensure all facility staff complete a technical assistance program coordinated through the Early Learning Resource Center. The program shall include, but not be limited to, components relating to the supervision of children during transitions and the optimal usage of a hands-free tangible method of tracking the supervision of children. The legal entity shall obtain from the technical assistance provider documentation of the completion of the program by all staff which shall be retained on file and submitted to the certification representative.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: According to reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young schoolager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

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(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: ****According to reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young schoolager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

Correction Required: ****The legal entity will conduct at least four mandatory monthly staff meetings following the approval of this plan of correction. At each staff meeting, time will be set aside to review and discuss the appropriate supervision of children. An agenda will be prepared for each staff meeting and a log identifying the date, time and persons attending each meeting will be maintained. The staff meeting agendas and logs will be made available to OCDEL-DHS representatives upon request.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: **According to reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young schoolager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

Correction Required: **The legal entity shall ensure all facility staff persons complete an in-person supervision training coordinated through the Early Learning Resource Center. The training shall include a component relating to supervision during transitions. The legal entity shall obtain from the trainer documentation of the date of the training and the names of all participants to retain on file and submit to the certification representative.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: *According to reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young schoolager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

Correction Required: *A hands-free tangible method for tracking the supervision of children shall be developed and implemented at all times by all staff supervising children.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: According to reports from the operator and video footage of the incident, on 11/11/24, at 2:50 PM, Facility Persons #1 and #2 were supervising 8 preschoolers and one young school ager in the Shooting Stars room, when they both left the room with 8 of the 9 children to take them to the Older Toddler room in the infant/toddler wing. Child #1, a preschooler, remained behind in the room, unsupervised. The group left the fourth floor preschool wing and walked down to the first floor where they exited the building and re-entered in the infant/toddler wing. They arrived in the Older Toddler room at 2:57 PM. At 3:06 PM staff realized Child #1 was not in the Older Toddler room and Facility Person #1 left the Older Toddler room to return to the Shooting Stars room. Facility Person #1 arrived in the Shooting Stars room at 3:07 PM and retrieved the child, who was lying on the floor and appeared to be asleep.

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: 3270.111(b)

Description: Posted in group space

Noncompliance Area: There was no daily schedule posted in the Kinderbear Room.

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

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: At approximately 3:45 PM in the Older Toddler Room, Facility Persons #3 & #4 were supervising 16 preschoolers. When asked to identify which children they were each supervising, Facility Person #3 claimed 7 children and Facility Person #4 claimed 6 children. This totaled 13 of the 16 children present in the classroom. When asked again, each staff person claimed one additional child, saying the children had previously been assigned to a staff person who had left for the day. When it was pointed out that this totaled 15 of the 16 children, staff stated which child was not claimed by either staff person and Facility Person #4 indicated they would be responsible for the child.

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(b)

Description: No physical punishment

Noncompliance Area: On 10/9/2024 Facility Persons #1 and #2 were supervising schoolagers in the North Gym. Video footage of the self-reported incident shows Facility Person #1 roughly grabbing the arm of Child #1 after they pulled a ball out of a basket. Child #1 can be seen rubbing their arm as they walked away after the incident.

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

Regulation: 3270.52

Description: Mixed Age Level

Noncompliance Area: At approximately 3:35 on 10/25/24 in the Kinderbear Room, Facility Persons #1 and #2 were supervising a total of 22 schoolagers. Facility Person #1 claimed responsibility for 10 young schoolagers and 6 older schoolagers and Facility Person #6 claimed responsibility for supervising 6 older schoolagers.

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: 3270.61(c)

Description: 40 square feet wall-to-wall

Noncompliance Area: At approximately 3:35 on 10/25/24 in the Kinderbear Room, Facility Persons #1 and #2 were supervising a total of 22 schoolagers. The maximum measured capacity of this room is 17 children.

Correction Required: Indoor child care space is measured within permanent stationary partitions or walls. The allowable number of children in a space is determined by dividing the total square feet in a space by 40.

Regulation: 3270.115(a)(5)

Description: Staff:child ratios while swimming

Noncompliance Area: Facility Persons #1 and #2 were supervising a group of 11 children swimming in a pool on an excursion at Camp Sherwin. When asked to identify which children they were supervising, Facility Person #1 claimed responsibility for 2 older schoolagers and 1 young schoolager. Facility Person #2 claimed responsibility for 8 of the children- 3 older schoolagers and 5 young schoolagers.

Correction Required: The staff-child ratios while children are swimming are Infant 1:1; Young or older toddler 1:2; Preschool 1:5; Young school-age 1:6; Older school-age1:8.

Regulation: 3270.102(f)

Description: Indoor climbing- protective surface

Noncompliance Area: There was climbing equipment in the Kids Court (Cout 6) play space not installed over 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(j)

Description: Prohibit items in crib

Noncompliance Area: There were toys attached to the sides of cribs in the infant room, in reach of the infants who rest in the cribs.

Correction Required: Toys, bumper pads, or pillows may not be present in a crib while an infant is sleeping in the crib.

Regulation: 3270.107

Description: Refrigerator

Noncompliance Area: The thermometer in the refrigerator in the Studio was not functioning properly.

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: 3270.111(b)

Description: Posted in group space

Noncompliance Area: The daily activity schedule was not posted in the Cat room.

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 were no child service reports - or other approved assessments - completed and a copy given to the parents within the last 6 months, on file for children #2 and #4. There was a CSR on file for child # 3 from 1/2023 and another that was not dated. The current CSR's on file for children #1 and #5 were completed more than 6 months after the previous assessments.

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)(6)

Description: Insurance coverage information

Noncompliance Area: There was no health insurance policy number on the emergency contact form on file for child #3.

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 emergency contact form on file for child #6 did not include the release persons' address and phone number.

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

Regulation: 3270.124(e)

Description: Written emergency plan posted

Noncompliance Area: The medical emergency transportation plan was not posted in the South Gym, the Cat room or the Hellberg 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: 3270.124(f)/3270.181(c)

Description: Updated every 6 months/Emergency info/agreement updated 6 mos

Noncompliance Area: The emergency contact forms and agreements on file for children #6-#9 were not reviewed and updated by a parent in writing in the previous 6 months.

Correction Required: The parent shall update in writing emergency contact information once in a 6-month period or as soon as there is a change in the information. A parent is required to review and update the emergency contact information and the financial agreement at least once in a 6-month period or as soon as there is a change in the information.

Regulation: 3270.131(a)

Description: Health information

Noncompliance Area: The initial health assessment on file for child #2 was completed more than 60 days after their first day 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 #3 was completed more than 12 months after the previous health assessment.

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)(5)/3270.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The immunization record on file for child #5 indicates that the child did not have sufficient doses of the Hepatitis A vaccine as recommended by the ACIP 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 #5 must be dismissed from care by close of business 4/10/24 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

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

Description: 12 months prior to service and every 24 months thereafter/Record include X-ray results and evaluation

Noncompliance Area: The current health assessments on file for Facility Persons #2, #5, and #8 were completed more than 24 months after the previous health assessments on file. The initial health assessment on file for Facility Person #4 was completed more than 12 months after their start date. The negative chest xray results - after a positive TB test - documented and on file for Facility Person #3 was completed after their start date.

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. 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: 3270.165

Description: Menus

Noncompliance Area: The menu was not conspicuously posted or shared with parents at least a week in advance.

Correction Required: An operator shall conspicuously post the menu at least 1 week in advance or provide a menu to each family.

Regulation: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan did not provide for accommodations for infants and toddlers in an emergency.

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: 3270.27(b)

Description: Plan reviewed/updated annually

Noncompliance Area: There was no documentation of a review of the emergency plan prior to the most recent review date documented - 12/20/23.

Correction Required: The operator shall review the emergency plan at least annually and update the plan as needed. The operator shall document in writing each review and update of the emergency plan and kept on file at the facility.

Regulation: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The letter to the parents explaining the emergency plan does not address annual emergency drills.

Correction Required: The operator shall provide to the parent of each enrolled child a letter explaining the emergency procedures detailed 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: There was no documentation to show the emergency plan was sent to the local municipality

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: 3270.31(e)

Description: Age and Training

Noncompliance Area: There was documentation on file of only 10 hours of child care training completed in the most recent review year for Facility Person #2.

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

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: There was no documentation on file to indicate that Facility Person #6, employed more than 90 days at the facility, completed the 1 hour health & safety 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 current child abuse clearance on file for Facility Person # 1 was completed more than 60 months after the previous child abuse clearance on file. The criminal history clearance on file for Facility Person #4 was incomplete. The current criminal history clearance on file for Facility Person #5 was completed more than 60 months after the previous criminal history clearance. The only NSOR clearance and disclosure statement on file for Facility Person #5 were each dated over two years after their start date. The most recent mandated reporter training documented and on file for Facility Person #5 was completed more than 60 months after the previous mandated reporter training.

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

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

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

Noncompliance Area: There was insufficient documentation of the education and/or child care experience on file required for the noted staff classifications of Facility Persons #5 and #6.

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

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The current evaluation on file for Facility Person #2 was completed more than 12 months after the previous evaluation.

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

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: There was an accessible uncovered outlet on the wall in the Toddler 2 room,

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

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: There were Clorox wipes, furniture polish, all-purpose cleaner in an unlocked low cabinet in the Hellberg room.

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(a)

Description: In child care spaces

Noncompliance Area: There was no first aid kit in the Cat room.

Correction Required: A first-aid kit shall be in a child care space.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first aid kit in the school age room did not include scissors. The first aid kit in the shooting stars room did not include soap or 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(e)

Description: Toilet and sinks proper height

Noncompliance Area: The sink in the infant/toddler room at the diapering area was not equipped with a stool to allow able toddlers to reach the sink to wash their hands.

Correction Required: Toilets and sinks shall be at proper heights for children using them or shall be easily approached by means of platforms or steps.

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: There were no handwashing signs at 2 toilets in the restroom off of the north gym.

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 staff statements, there were instances were children were not properly supervised when solely supervised by Facility Persons #1 and/or #2, when these staff were talking to each other or on their phones rather than paying attention to the children.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: **According to staff statements, there were instances were children were not properly supervised when solely supervised by Facility Persons #1 and/or #2, when these staff were talking to each other or on their phones rather than paying attention to the children.

Correction Required: **The operator shall develop a written supervision policy, to include a component relating to staff usage of phones. The policy shall be sent to the certification representative for review and approval. The director shall train all facility staff on the approved policy and retain documentation of the training on file.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: **Staff statements and video surveillance footage indicate that on 1/16/24 at approximately 4:00 PM, Facility Persons #1, #2, and #3 were supervising children in the infant room when Child #1, a young toddler, pulled Child #2's hair, also a young toddler. In response, Facility Person #1 lunged at Child #1, picked them up roughly, yelled at them, and put them down aggressively. Facility Person #2 then pulled Child #1's hair. Child #2 was then observed hitting Child #1 and pulling their hair while Facility Person #1 encouraged Child #2 by saying, "It's your turn now," and "Get them back."

Correction Required: **The legal entity shall ensure that all facility staff complete a training, pre-approved by the certification representative, regarding appropriate behavior guidance of children. Documentation of completion of the training shall be retained on file at the facility as well as submitted to certification representative upon completion.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Staff statements and video surveillance footage indicate that on 1/16/24 at approximately 4:00 PM, Facility Persons #1, #2, and #3 were supervising children in the infant room when Child #1, a young toddler, pulled Child #2's hair, also a young toddler. In response, Facility Person #1 lunged at Child #1, picked them up roughly, yelled at them, and put them down aggressively. Facility Person #2 then pulled Child #1's hair. Child #2 was then observed hitting Child #1 and pulling their hair while Facility Person #1 encouraged Child #2 by saying, "It's your turn now," and "Get them back."

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

Regulation: 3270.113(c)

Description: No ridicule or threaten harm

Noncompliance Area: Staff statements and video surveillance footage indicate that on 1/16/24 at approximately 4:00 PM, Facility Persons #1, #2, and #3 were supervising children in the infant room when Child #1, a young toddler, pulled Child #2's hair, also a young toddler. In response, Facility Person #1 lunged at Child #1, picked them up roughly, yelled at them, and put them down aggressively. Facility Person #2 then pulled Child #1's hair. Child #2 was then observed hitting Child #1 and pulling their hair while Facility Person #1 encouraged Child #2 by saying, "It's your turn now," and "Get them back."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family.

Regulation: 3270.113(c)

Description: No ridicule or threaten harm

Noncompliance Area: **Staff statements and video surveillance footage indicate that on 1/16/24 at approximately 4:00 PM, Facility Persons #1, #2, and #3 were supervising children in the infant room when Child #1, a young toddler, pulled Child #2's hair, also a young toddler. In response, Facility Person #1 lunged at Child #1, picked them up roughly, yelled at them, and put them down aggressively. Facility Person #2 then pulled Child #1's hair. Child #2 was then observed hitting Child #1 and pulling their hair while Facility Person #1 encouraged Child #2 by saying, "It's your turn now," and "Get them back."

Correction Required: **The facility director shall conduct an observation of staff-child interactions in each classroom weekly and document each observation for a period of 8 weeks. The documentation format shall be submitted to the certification representative for prior approval. Documentation of observations shall be retained on file at the facility and made available upon request to certification representative.

Regulation: 3270.113(d)

Description: No harsh language

Noncompliance Area: Staff statements and video surveillance footage indicate that on 1/16/24 at approximately 4:00 PM, Facility Persons #1, #2, and #3 were supervising children in the infant room when Child #1, a young toddler, pulled Child #2's hair, also a young toddler. In response, Facility Person #1 lunged at Child #1, picked them up roughly, yelled at them, and put them down aggressively. Facility Person #2 then pulled Child #1's hair. Child #2 was then observed hitting Child #1 and pulling their hair while Facility Person #1 encouraged Child #2 by saying, "It's your turn now," and "Get them back."

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

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: According to staff statements, there were times when Child #3, a young toddler, was strapped into a chair during naptime, for up to approximately 15 minutes to prevent them from crawling on other children and waking them.

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: 3270.182(7)

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

Noncompliance Area: There was an incident report on file for an incident documented as occurring on 12/6/23 and signed by a parent on 12/7/23. There was an incident report on file for an incident documented as occurring on 12/7/23 signed by the parent on 12/13/23. As per staff statements, the incident reports were not given to the parents on the dates of the 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: 3270.31(e)(4)(i)

Description: Age and Training

Noncompliance Area: The first aid and CPR training documented and on file for Facility Person #1 was expired as of 7/31/23.

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)

Description: Comply with CPSL

Noncompliance Area: The mandated reporter training documented and on file for Facility Person #2 indicated the training was completed on 6/24/23, more than 90 days after their start date.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: SECOND CITATION, CITED PREVIOUSLY ON 6/23/23: On 8/2/23, at approximately 1:35 PM, Facility Person #1 was observed standing in the doorway between the hallway and the South Gym. There were 8 young schoolagers in the gym and one young schoolager in a storage room off the hallway outside of the gym retrieving a piece of equipment. Facility Person #1 was positioned with their back to most of the children in the gym, while they were directing the child in the storage room. There were no other staff present in either the gym or hallway to supervise the children.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: **SECOND CITATION, CITED PREVIOUSLY ON 6/23/23: On 8/2/23, at approximately 1:35 PM, Facility Person #1 was observed standing in the doorway between the hallway and the South Gym. There were 8 young schoolagers in the gym and one young schoolager in a storage room off the hallway outside of the gym retrieving a piece of equipment. Facility Person #1 was positioned with their back to most of the children in the gym, while they were directing the child in the storage room. There were no other staff present in either the gym or hallway to supervise the children.

Correction Required: All facility staff must complete a supervision training conducted in-person and coordinated through the ELRC.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: SECOND CITATION, CITED PREVIOUSLY ON 6/23/23: On 8/2/23, at approximately 1:35 PM, Facility Person #1 was observed standing in the doorway between the hallway and the South Gym. There were 8 young schoolagers in the gym and one young schoolager in a storage room off the hallway outside of the gym retrieving a piece of equipment. Facility Person #1 was positioned with their back to most of the children in the gym, while they were directing the child in the storage room. There were no other staff present in either the gym or hallway to supervise the children.

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: SECOND CITATION, CITED PREVIOUSLY ON 6/23/23: On 8/2/23, at approximately 1:35 PM, Facility Person #1 was observed standing in the doorway between the hallway and the South Gym. There were 8 young schoolagers in the gym and one young schoolager in a storage room off the hallway outside of the gym retrieving a piece of equipment. Facility Person #1 was positioned with their back to most of the children in the gym, while they were directing the child in the storage room. There were no other staff present in either the gym or hallway to supervise the children.

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: 3270.61(c)

Description: 40 square feet wall-to-wall

Noncompliance Area: The Schoolage Room has a measured maximum capacity of 18 children. On 7/21/23, there were 25 children observed receiving care in that room at 8:05 AM, and after more children arrived, there were 30 children receiving care in the Schoolage room by 8:15 AM.

Correction Required: Indoor child care space is measured within permanent stationary partitions or walls. The allowable number of children in a space is determined by dividing the total square feet in a space by 40.