Montanos Child Care

Regulation: 3280.103

Description: Small Toys and Objects

Noncompliance Area: It was observed that there was mulch and small rocks (less than 1" diameter) accessible to children in outdoor play area (backyard) along the fence on the walking path.

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: 3280.123(a)(3)

Description: Services proceeded

Noncompliance Area: Child #s 1-4's records did not have child service reports providing information to the family about the child's growth and development in the required every 6 months' timeframe. (only ones on file: 4/1/26, 4/1/26, 4/2/26, 3/13/26 respectively). See Code Sheet

Correction Required: An agreement shall specify the services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information at § 3280.124(f).

Regulation: 3280.123(a)(4)

Description: Arrival/departure times

Noncompliance Area: Child #1's agreement did not specify the child's arrival and departure times.

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

Regulation: 3280.123(a)(5)

Description: Designated release persons

Noncompliance Area: Child #1's agreement did not specify the persons designated by a parent to whom the child may be released.

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

Regulation: 3280.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: The emergency contact information and agreements of child #1 through #4 were not updated by the parent at least once in a 6-month period.

Correction Required: 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: 3280.182(3)/3280.182(5)

Description: Consent for emergency medical care required prior to admission/Consent for administration of minor first-aid required prior to admission

Noncompliance Area: Child #2's record did not contain signed parental consent for emergency medical care and minor first-aid administration by the facility staff.

Correction Required: A child's record must contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission. A child's record must contain signed parental consent for administration of minor first-aid procedures by facility staff. Written consent is required prior to admission.

Regulation: 3280.103

Description: Small Toys and Objects

Noncompliance Area: It was observed, in the front and middle child care rooms, that there were artificial flowers (less than one inch diameter) that were accessible to children, as part of a decoration on the radiator guards (corrected during inspection).

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: 3280.111(a)

Description: Written plan

Noncompliance Area: The facility is open from 6 am daily, however, the posted daily schedule starts at 7:30 am.

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

Regulation: 3280.112

Description: Infant/Toddler Stimulation

Noncompliance Area: Staff person #1 was not providing the appropriate stimulation for the toddlers in care. Toddlers were just walking around the room.

Correction Required: Infants and toddlers shall be provided stimulation by being held, rocked, talked to, played with and carried.

Regulation: 3280.113(e)

Description: Restraints prohibited

Noncompliance Area: It was observed that Staff person #1 kept a child in a walker (rolling) when in the backyard gross motor space. This child was able to crawl and stand. (corrected during inspection).

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: 3280.123(a)(3)

Description: Services proceeded

Noncompliance Area: The document used to provide information to the family about the child's growth and development (for child#1 and #2) was Ages and Stages, which is not an assessment that is approved by the Regional Office.

Correction Required: An agreement shall specify the services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information at § 3280.124(f).

Regulation: 3280.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: Child #1's emergency contact information did not include the enrolling parent's work telephone number.

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

Regulation: 3280.20

Description: General Health and Safety

Noncompliance Area: It was observed that toddlers were being served thick wedges of apples instead of very thin slices, creating a potential choking hazard. (corrected during inspection).

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

Regulation: 3280.26(a)(6)

Description: Emergency plan

Noncompliance Area: The time between emergency drills conducted exceeded the permitted annual timeframe (6/23/23, 2/11/25).

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

Regulation: 3280.61(h)(2)(ii)

Description: Designated on facility schedule

Noncompliance Area: The time period when the children are napping, and the room capacity is exceeded, is not designated on the facility's schedule of daily activities.

Correction Required: When the number of older toddler, preschool or school-age children participating in a program activity exceeds the capacity of the child care space each time period shall be designated on the facility's schedule of daily activities.

Regulation: 3280.61(h)(3)(ii)

Description: Meal time designated on facility schedule

Noncompliance Area: The need to exceed the capacity of a child care space when children are eating was not designated on the faciliy's schedule of daily activities.

Correction Required: When the capacity of a space is exceeded while children are eating, the meal time shall be designated on the facility's schedule of daily activities.

Regulation: 3280.76

Description: Building Surfaces

Noncompliance Area: It was observed that there were yard decorations (figures on long metal sticks) accessible to the children. One child removed one of these decorations during the renewal inspection. (corrected during inspection).

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

Regulation: 3280.94(a)(1)

Description: Every 60 days

Noncompliance Area: The time between fire drills exceeded the permitted at least once every 60 days' timeframe. (1/15/25, 3/17/25).

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3280.95(b)

Description: Staff responsibility

Noncompliance Area: The testing of the smoke detectors exceeded the permitted at least every 30 days' timeframe (2/14/25, 3/17/25).

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in subsection (a) are met.

Regulation: 3280.192(2)(ii)

Description: Exp, educ., training prior to facility

Noncompliance Area: Staff person #1's record does not contain verification of child care experience or education.

Correction Required: A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3280.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person #1's file did not contain the FBI clearance and is not a provisional hire. See Code Sheet.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Staff Person # 1 may not work in a child care position at the facility.

Regulation: 3280.71

Description: Heat Source

Noncompliance Area: It was observed that the heating pipes in the main child care space are hot and could be a potential burn risk for the children.

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: 3280.94(a)(1)

Description: Every 60 days

Noncompliance Area: Fire drills were not conducted and documented at least once every 60 days (most recent documented drill dated 10/30/24)

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3280.95(b)

Description: Staff responsibility

Noncompliance Area: Testing of the fire detection devices exceeded the permitted at least every 30 days' timeframe (most current testing documented dated 10/31/24). (Tested the fire detection devices during this visit. )

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in subsection (a) are met.

Regulation: 3280.123(b)

Description: Parent receives original

Noncompliance Area: The parents of child #1 and #2 did not receive the original agreement.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement.

Regulation: 3280.131(a)/3280.131(e)

Description: Health Information/ACIP recommended immunization record

Noncompliance Area: Child #1 and #3's initial health assessment and initial immunizations on record are dated later than 60 days following the first day of attendance at the facility (4/12/24 and 4/26/24 respectively) See Code Sheet

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. The facility may not accept or retain an infant 2 months of age or older, a toddler or a preschool child at the facility for more than 60 days following the first day of attendance at the facility unless the parent provides written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP.

Regulation: 3280.131(d)(5)

Description: Immunization record

Noncompliance Area: Child #2's record did not contain a record of the following immunizations required for the child's age: MMR, Varicella, Hepatitis A See Code Sheet.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP.

Regulation: 3280.166(1)

Description: Written statement

Noncompliance Area: One infant in care did not have a written statement giving the formula and feeding schedule obtained from the parent, at the facility.

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

Regulation: 3280.166(4)

Description: Bottles labeled

Noncompliance Area: One infant in care at the facility had a bottle without the child's name on it. (corrected during inspection).

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

Regulation: 3280.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: Child #1's emergency contact information and financial agreement were not updated at least once in a 6-month period. (5/23/23, 4/10/24 for both documents)

Correction Required: 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: 3280.66(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: It was observed, in the children's bathroom, that two cans of air freshener (keep out of reach of children) were accessible to the children. (corrected during inspection).

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

Regulation: 3280.69(a)

Description: 110º F or less

Noncompliance Area: It was observed that the water temperature of the kitchen sink (accessible to children) was 140 degrees F.

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

Regulation: 3280.103

Description: Small Toys and Objects

Noncompliance Area: It was observed in the kitchen drawer to the right of the sink (top drawer) that loose plastic bags were accessible to children (corrected during inspection).

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: 3280.105(a)

Description: Clean, age appropriate

Noncompliance Area: It was observed that the facility's rest equipment was not labeled for the use of a specific child and used only by the specified child.

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: 3280.121(b)

Description: Given parents in writing

Noncompliance Area: At the time of enrollment, parents have not received, in writing, the facility's clothing and supervision policies and transportation and pick-up arrangements.

Correction Required: At the time of enrollment, a parent shall receive in writing the facility's general daily schedule, hours for which care is provided, fees, responsibilities for meals, clothing, health policies, supervision policies, night care policies, dismissal policies, transportation and pick-up arrangements.

Regulation: 3280.123(b)

Description: Parent receives original

Noncompliance Area: The parents of children #1 through #5 did not receive the original agreements. The originals were in the children's files.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement.

Regulation: 3280.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The emergency contact information of child #3 did not contain the enrolling parent's work telephone number.

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

Regulation: 3280.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: Child #5's emergency contact information does not include complete addresses of the individuals 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: 3280.131(a)

Description: Health Information

Noncompliance Area: Child #2's initial health assessment is dated 8/17/22, which is greater than 60 days following the first day of attendance at the facility. Child #5's initial health assessment on record is dated 3/3/21, which is greater than 60 days following the first day of attendance at the facility. SEE CODE SHEET

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: 3280.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: Child #2's health assessment 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: 3280.131(e)(4)

Description: Annual immunization reporting to DOH

Noncompliance Area: The most recent Influenza immunization on record for child #1 is dated 11/27/19 and for child #3 is dated 6/30/20. Child #2 has no Influenza immunizations on record. None of these files contain letters of exemption for this immunization for these time periods. SEE CODE SHEET

Correction Required: The facility shall comply with the annual immunization reporting requirements in accordance with the Department of Health regulation in 28 Pa. Code §27.77.

Regulation: 3280.14/3280.20

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The facility's emergency plan does not contain a Continuity Of Operations plan. The facility does not have a policy and procedure to identify the prevention of shaken baby syndrome, abusive head trauma, and child maltreatment. Staff person #2's record did not contain documentation of completing the one hour health and safety update which needed to be completed by 12/30/22.

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: 3280.17

Description: Liability Insurance

Noncompliance Area: The liability insurance on record for the facility, expired in October of 2022.

Correction Required: The legal entity shall have comprehensive general liability insurance to cover all persons who are on the premises. A current copy of the insurance policy shall be on file at the facility.

Regulation: 3280.171(a)

Description: Pick up and drop off points

Noncompliance Area: The facility has no record of notifying local traffic safety authorities in writing of the location of the facility and about the program's use of pedestrian and vehicular routes around the group child care facility.

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

Regulation: 3280.171(c)

Description: Safe routes posted

Noncompliance Area: There was no written notification of safe routes shall be posted by the operator at a conspicuous location in the child care facility.

Correction Required: Written notification of safe routes shall be posted by the operator at a conspicuous location in the child care facility.

Regulation: 3280.26(a)(1)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan does not provide for the shelter of children during a lock-down emergency situation.

Correction Required: The facility shall have an emergency plan that provides for shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises.

Regulation: 3280.26(a)(3)/3280.26(a)(4)

Description: Contact when arises/Contact when ended

Noncompliance Area: The facility's emergency plan does not provide for a method for facility persons to contact parents as soon as reasonably possible when an emergency situation arises and when the emergency has ended to provide instruction as to how parents can safely be reunited with their children.

Correction Required: The facility shall have an emergency plan that provides for a method for facility persons to contact parents as soon as reasonably possible when an emergency situation arises. The facility shall have an emergency plan that provides for a method for facility persons to inform parents that the emergency has ended and to provide instruction as to how parents can safely be reunited with their children.

Regulation: 3280.26(a)(5)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan does not provide for accommodations for infants and 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: 3280.26(a)(6)

Description: Emergency plan

Noncompliance Area: The facility has no documentation of having conducted annual emergency drills.

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

Regulation: 3280.26(e)

Description: Letter to parents

Noncompliance Area: The parent letter explaining the emergency procedures does not contain lock-down emergency procedures, accommodations for infants and toddlers, and a method to notify parents when the emergency situation starts and when it ends providing instructions on how to reunite with their children.

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

Regulation: 3280.26(f)

Description: Emergency plan

Noncompliance Area: The facility has no documentation of ever having sent a copy of the emergency plan to the local municipality and to the county emergency management agency.

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: 3280.31(e)

Description: Age and training

Noncompliance Area: Staff person #3's record does not contain proof of obtaining 12 clock hours of annual child care training from 12/19/21 through 12/19/22. SEE CODE SHEET

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

Regulation: 3280.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person #1's record did not contain a witnessed Disclosure Statement (corrected during inspection). Staff person #3's most recent Child Abuse clearance is expired, dated 4/19/18. Staff person #3 does not have a current Child Abuse clearance on record. Staff person #3's record does not contain the required PA State Police clearance. Staff person #3's State Police Clearance on record (11/22/19); purpose selected was OTHER, not EMPLOYMENT, as required. There is proof of applying for the State Police clearance on 5/1/23 for the purpose of EMPLOYMENT, but the results are not in staff person #3's file. Household Member #4's file does not contain a NSOR (National Sex Offender Registry) clearance.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 3 may not work in a child care position at the facility.

Regulation: 3280.66(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: It was observed that toxins were accessible to children in the bathroom shower: Clorox Spray disinfectant, Clorox spray bathroom bleach foamer, Fabuloso Multipurpose spray cleaner, all keep out of reach of children (corrected during inspection). The lobby entrance space contained a bottle of hand sanitizer and Lysol spray disinfectant accessible to children. (corrected during inspection). The facility's middle child care room contained a bottle of hand sanitizer on the wooden shelf, accessible to children (corrected during inspection).

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

Regulation: 3280.69(a)

Description: 110º F or less

Noncompliance Area: It was observed that the hot water temperature in the bathroom measured 141 degrees F (corrected during inspection).

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

Regulation: 3280.76

Description: Building Surfaces

Noncompliance Area: It was observed in the backyard play space, that the back section of the wooden enclosure (red top) contained chipping/splintering wood which could be hazardous to children.

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

Regulation: 3280.77(a)

Description: No peeling paint or plaster

Noncompliance Area: It was observed that there was peeling paint in the bathroom on the cabinet to the left of the entrance, on the left lower cabinet (above handle) and on the top left and right cabinets. In the middle child care room/space, the green floor molding contained two 3-4 inch spots of peeling paint. It was observed in the backyard play area, that top of the back section of the wooden enclosure (painted red) had dispersed peeling paint.

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

Regulation: 3280.78

Description: Lighting

Noncompliance Area: It was observed, in the back room child care space, that lighting was not sufficient enough to see the children during naptime.

Correction Required: Rooms, hallways, stairways, outside steps, porches and ramps shall be lighted by artificial or natural light.

Regulation: 3280.94(a)(1)

Description: Every 60 days

Noncompliance Area: There was no documentation on record of conducting fire drills prior to 1/4/23.

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3280.95(b)

Description: Staff responsibility

Noncompliance Area: The facility has no documentation on record of the testing of the fire detection system every 30 days. There is no proof of purchase of the facility's fire detection system on record.

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in subsection (a) are met.