Gummy Bears Childcare Llc

Regulation: 3280.123(a)(3)

Description: Services proceeded

Noncompliance Area: Upon review of child files, it was found that the Children service reports were not on file at least every 6 months. The file child #1 do not include a CSR. The file for Child #3 had a CSR was last dated 11-25-25. The file for Child #4 had a CSR was dated 1-3-26 and did not the previous CSR.

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(f)

Description: Updated every 6 months

Noncompliance Area: The emergency contact information for child #4 was not updated by the parent at least once every 6 months. The most recent review of the financial agreement for child #3 was signed on 01/03/2026 with the previous review on 06/06/2025.

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.

Regulation: 3280.151(a)/3280.192(3)

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

Noncompliance Area: Upon inspection of personnel files, it was found that Staff Person #2 had a health assessment on file dated 5.17.24 [expired 5.17.26] and did not include an update.

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: 3280.26(c)

Description: Training regarding plan

Noncompliance Area: Upon inspection of personnel files, it was found that Emergency plan training was not completed annually. The file for staff person #1 included the most recent training on 04.22.2026 with the previous training completed on 03.28.2025. The file for staff person #2 included the most recent training on 04.23.2026 with the previous training completed on 03.28.2025. The file for staff person #3 included the most recent training on 04.22.2026 with the previous training completed on 01.02.2025.

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.

Regulation: 3280.32(a)

Description: Comply with CPSL

Noncompliance Area: Upon review of personnel records, it was found that the Child Abuse clearance on file for staff person #1 was obtained after the 60-month renewal timeframe. The file for staff person # 1 contained a child abuse clearance that was dated 6.29.20 and updated on 11.21.25.

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

Regulation: 3280.76

Description: Building Surfaces

Noncompliance Area: It was observed that in the back room there were three ceiling tiles that appeared to have had large water stains.

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: 3280.52(b)/3280.52(c)

Description: Similar age levels/Mixed age levels

Noncompliance Area: Observed staff person #1 caring for a mixed age group including 1 Young Toddler, 2 Older Toddlers and 3 Preschool age children during naptime. Staff person #1 was over ratio while staff person #2 was in the back room gathering trash. The staff to child ratio with a young toddler in care is 1:5.

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 12; Young toddlers 1:5 with a maximum group size of 12; Older toddlers 1:6 with a maximum group size of 12; Preschool children 1:10 with a maximum group size of 12; Young school-age children 1:12 with a maximum group size of 12; Older school-age children 1:15 with a maximum group size of 15. . 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 at §3280.52(b).

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: Observed several rest mats with tears at the seams that were repaired with packing tape, which was peeling off, exposing the tear and foam inside.

Correction Required: Toys, play equipment and other indoor and outdoor equipment used by the children shall be clean, in good repair and free from rough edges, sharp corners, pinch and crush points, splinters and exposed bolts.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file for child #3, #4 and #5 did not include child service reports with information to the family about the child's growth and development at least once 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 agreement for child #1 did not specify the date of the child's admission.

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

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

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

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

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact information for child #1 did not include the 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: 3270.124(f)/3270.181(c)

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

Noncompliance Area: The emergency contact information and/or financial agreement for child #3, #4 and #5 was not updated by the parent at least once every 6 months. The most recent review of the financial agreement for child #3 was signed on 04/06/2025 with the previous review on 05/08/2024. The most recent review of the emergency contact information and financial agreement for child #4 was signed on 11/13/2024 with the previous review on 04/01/2024. The most recent review of the emergency contact information and financial agreement for child #4 was signed on 11/22/2024 with the previous review on 02/08/2024.

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(b)(2)

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

Noncompliance Area: The health report on file for child #3 and #4 was not updated at least once every 12 months for an older toddler or preschool child (see LIS code sheet). The current health report on file for child #3 was completed on 03/03/2025 with the previous form dated 12/27/2023. The current health report on file for child #4 was completed on 05/28/2024 with the previous forms dated 01/30/2024 and 12/07/2022.

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(e)

Description: ACIP recommended immunization record

Noncompliance Area: The file for child #2 (see LIS code sheet) included a record of the child's immunization status which lacked a 4th dose of DTap, a 3rd dose of HiB and a 1st and 2nd dose of Hep A.

Correction Required: 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: 3270.135(e)

Description: 2 hour diaper check

Noncompliance Area: Observed that diaper checks were not completed at least once every 2 hours. Diapers were checked / changed at 12:45 pm with the previous diaper check / change at 9:15 am.

Correction Required: A staff person shall check a child's diaper at least every 2 hours and whenever the child indicates discomfort or exhibits behavior that suggests a soiled diaper. A staff person shall change a child's diaper when the diaper is soiled.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #3 was observed to be caring for children unsupervised. Staff person #3 has not completed the following pre- service training required prior to caring for children unsupervised: (list specific training(s) missing when issuing the citation). Health and Safety (CCDBG) 2025 Part 1.

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, staff person #3 must be supervised, when interacting with children at a minimum by, an AGS who has completed all preservice trainings and has all qualifications to care for children unsupervised. If there are no staff person(s) available to supervise staff person #3, staff person #3 may not work in a child-care position at the facility.

Regulation: 3270.163(b)

Description: Breakfast items from three groups

Noncompliance Area: Breakfast prepared at the facility did not include at least once item from three of the four food groups; the children were served cereal and milk with no additional items served from either the protein or fruit & vegetable group.

Correction Required: Breakfast prepared at the facility for children of toddler age or older shall have at least one item from three of the following four food groups: dairy, protein, fruit and vegetable, grain.

Regulation: 3270.31(e)

Description: Age and Training

Noncompliance Area: The file for staff person #2 did not include documentation of 12 clock hours of annual training: the file included of 1 hour of training between 12/2023 - 12/2024.

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

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

Description: Age and Training

Noncompliance Area: The file for staff person #2 included Pediatric First aid & CPR which was not renewed on or before the expiration of the previous training; the current training was completed on 04/15/2025 with the previous training valid from 03/29/2023 - 3/2025.

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: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: The fire safety training for staff person #1 was not updated within 12 months of the previous training; the current training on file was completed on 05/01/2025 and the previous training was completed on 01/11/2024.

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: 3270.34(c)

Description: Employed and present 30 hrs/wk

Noncompliance Area: The facility does not have a director employed by the facility.

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: 3270.37(c)

Description: Aides supervised all times

Noncompliance Area: Observed staff person #3, an aide, with a group of 3 younger and older toddlers in the toddler area at the front of the classroom while staff person #2 was transitioning their children from the back room (cafeteria) into the preschool area.(the back area of the classroom) Staff person #2 was unable to supervise staff person #3 from their location in the facility.

Correction Required: An aide or a combination of aides shall be supervised at all times by a staff person qualified at minimum as an assistant group supervisor.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed visible stains / sticky substance on the front of the cabinets located in the kitchen area.

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: 3270.123(a)(1)

Description: Amount of fee

Noncompliance Area: The agreement for child #1 did not specify the amount of the fee to be charged per day or week.

Correction Required: An agreement shall specify the amount of the fee to be charged per day or per week.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file for child #5 did not include a child service report providing information to the family about the child's growth and development at least once every 6 months. The most recent child service report on file was dated 06/15/2023 with no subsequent report on file.

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 agreement for child #1 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: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The emergency contact information 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: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact information for child #3 did not include the 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: 3270.131(a)(4)/3270.182(1)

Description: Initial health report for school age; accordance with school attendance/Initial and subsequent health reports

Noncompliance Area: The file for child #5 did not include a health report for a school-age child (see LIS code sheet) that was dated in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code § 23.2. The most recent health report on file was an after-visit summary dated 02/05/2024, with the previous health report dated 12/10/2022.

Correction Required: The initial health report for a school-age child must be dated in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code § 23.2 (relating to medical examinations). A child's record shall contain initial and subsequent health reports.

Regulation: 3270.131(a)/3270.131(e)

Description: Health information/ACIP recommended immunization record

Noncompliance Area: The file for child #3 did not include a health assessment with immunization record within 60 days following the first day of attendance at the facility (see LIS 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: 3270.131(c)

Description: Completed or signed by physician, PA, or CRNP

Noncompliance Area: The health report on file for child #5, was a copy of an after-visit summary dated 02/05/2024 which did not include the signature by a physician, physician's assistant or a CRNP with the individual's professional title.

Correction Required: A health report must be written and signed by a physician, physician's assistant or a CRNP. The signature must include the individual's professional title.

Regulation: 3270.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The health report on file for child #5 was a copy of an after-visit summary dated 02/05/2024 that 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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The emergency plan did not address the continuity of operations.

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: 3270.151(a)

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

Noncompliance Area: The health assessment on file for staff person #1 was not updated within 24 months of the previous assessment. The most recent health assessment on file was dated 04/13/2022.

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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The operator did not document the date and the names of all facility persons who received the training of the most recent emergency plan training. The most recent emergency plan training for staff person #1 and #2 was documented on 03/17/2023. The most recent emergency plan training for staff person #3 was documented on 02/09/2023.

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: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The letter provided to the parent of each enrolled child explaining the emergency procedures did not include information regarding accommodations for infants, toddlers, children with disabilities, and children with chronic medical conditions. The letter did not include information regarding emergency drills being conducted annually.

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: 3270.27(f)

Description: Emergency plan

Noncompliance Area: The operator did not send a copy of the most recent emergency plan updates 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: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: The file for staff person #1 and #2 did not include updated fire safety training. The most recent fire safety training on file for staff person #1 was dated 01/18/2023, with no subsequent training on file. The most recent fire safety training on file for staff person #2 was dated 02/28/2023 with no subsequent training 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 file for staff person #4 did not include a copy of the child abuse clearance prior to their first day caring for children (see LIS code sheet). The child abuse clearance was requested on 04/04/2024 but the final clearance result was not on file. The file for staff person #4, who has resided outside of PA in the previous 5 years, did not include documentation of a request for the out of state clearances prior to their first day caring for children (see LIS code sheet).

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person #4 may not work in a child care position at the facility. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The file for staff person #2 and #3 did not include an updated written evaluation within 12 months of the previous evaluation. The file for staff person #2 did not include a current or previous written evaluations. The most recent written evaluation for staff person #3 was dated 03/17/2023 with no subsequent evaluations on file.

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: 3270.34(c)

Description: Employed and present 30 hrs/wk

Noncompliance Area: The facility did not have an individual that qualifies as a director present at the facility site 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: 3270.95(b)

Description: Director or designated staff person ensure compliance

Noncompliance Area: The operator did not ensure a manual test of the fire detection system was completed at least once every 30 days between 10/19/2023 - 11/20/2023.

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

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: Observed plastic bags in an unlocked plastic bin of drawers next to the changing table in the bathroom used by toddlers which were accessible to children who are still placing objects in their mouths.

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: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: Observed a dowel rod shelf with toys bins, which was not stable in the preschool/toddler classroom; which created a tip hazard.

Correction Required: Furniture must be durable, safe, easily cleaned and appropriate for the child's size, age and special needs.

Regulation: 3270.111(b)

Description: Posted in group space

Noncompliance Area: The back classroom did not have a written plan of daily activities posted in the group space.

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: The file for child #1, #2, #3, #4 and #5 did not include a completed Child Service Report with information to the family about the child's growth and development at least once every 6 months, the previously suspended regulation was reinstated on 10/31/2022.

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: 3270.131(b)(2)

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

Noncompliance Area: The health report for child #2 and #3 were not updated at least once every 12 months for an older toddler or preschool child (see LIS code sheet). The current health report for child #2 was completed on 05/02/2023 with the previous health report on file dated 03/07/2022. The current health report for child #3 was completed on 12/10/2022 with the previous health report on file dated 11/02/2021.

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)(1)

Description: Immunization record/Exemption documentation from parent/guardian

Noncompliance Area: The file for child #1 (see LIS code sheet) included a record of the child's immunization status which lacked an influenza immunization. The file for child #2, #3 and #5 (see LIS code sheet) included a record of the child's immunization status which lacked a current influenza immunization. The file for child #4 (see LIS code sheet) included a record of the child's immunization status which lacked a 3rd dose of Hib, a 2nd dose of Hep A and a current influenza immunization.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. The facility shall require the parent to provide updated written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of ongoing vaccines administered to an infant, toddler or preschool child in accordance with the schedule recommended by the ACIP.

Regulation: 3270.133(4)

Description: Locked

Noncompliance Area: Observed tubs of Vaseline labeled "Keep out of Reach of Children" in an unlocked plastic bin of drawers next to the changing table in the bathroom which were accessible to children.

Correction Required: Medication shall be stored in a locked area of the facility or in an area that is out of the reach of children.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The operator has not updated the emergency plan to include a continuity of operations plan. The operator does not have a policy and procedure to identify the prevention of shaken baby syndrome, abusive head trauma, and child maltreatment.

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: 3270.31(e)

Description: Age and Training

Noncompliance Area: The file for staff person #1 did not include an annual minimum of 12 clock hours of child care training between 12/19/2021 - 12/19/2022.

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

Regulation: 3270.31(f)(10)

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

Noncompliance Area: The file for staff person #2, included Pediatric First Aid and CPR training which was not completed within 90 days of hire (see LIS code sheet); First & CPR training was completed on 03/29/2023.

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

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: Observed an electrical outlet in the corner of the preschool/toddler classroom which did not have a protective receptacle cover.

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

Regulation: 3270.69(b)

Description: 110º F or less

Noncompliance Area: The hot water temperature of the sink in the bathroom located in the back classroom reached a temperature of 111° F.

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

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed a receptacle wall plate on an electrical outlet in the preschool room and the back classroom which were cracked.

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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #1 and #2 were observed to be caring for children unsupervised. Staff person #1 and #2 do not have current pediatric first-aid/CPR training in an approved curriculum with a PQAS trainer.

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 trainings are completed, staff person #1 and #2 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 staff person #1 and #2, staff person #1 and #2 may not work in a child care position at the facility.

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: A copy of the incident report was not immediately available at the time of the complaint investigation. The original copy was mailed to the Central Regional Office. The provider did not retain a copy of the incident report in the facility or the child's file. The original copy was not provided to the parent on the day of the incident.

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: 3270.192(2)(iii)

Description: Exp, educ., training at facility

Noncompliance Area: On 01/27/2023, the operator was unable to provide complete files for staff person #1, #2, and #3 with documentation of required training certificates. The files were missing the documentation for Mandated Reporter Training, Health and Safety training, Emergency Plan training and Pediatric First Aid & CPR training.

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

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: On 01/11/2023, at approximately 3:00 pm, Staff person #1, #2 and #3 attempted to wake child #1 from their nap. During this time, the child was difficult to wake up. After a few minutes, staff person #1 and #2 tried sitting child #3 up while rubbing their back to wake-up the child. Staff person #1 and #2 observed that it appeared child's eyes were going to the back of her head. At that time, they thought the child was having a seizure. At approximately 3:15 pm, staff person #2 attempted to call the child's mother. Staff person #1 and #2 then moved the child to the futon in the back room, where the child walked with assistance, but still would not open their eyes. Staff person #3 then laid her down while staff person #1 attempted to call the grandparent. Staff person #1 then called the next Emergency Contact Person on the list. Staff person #1 called EMS at approximately 3:20 pm. Staff person #1, #2 and #3 did not immediately call for emergency medical care, therefore, the overall safety of the child, due to the severity of the symptoms observed, posed a threat to the health and safety of that child. During this time, staff person #1, #2, and #3 did not separate the remaining children in care from the child in need of emergency medical care.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The legal entity must arrange for all facility staff to complete the Better Kid Care vodcast: Responding to Medical Emergencies and complete the planning tool as a team. The legal entity will confirm compliance by sending a copy of the completed planning tool to the Central Regional Office of Child Development and Early Learning upon completion of the training.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: On 01/11/2023, at approximately 3:00 pm, Staff person #1, #2 and #3 attempted to wake child #1 from their nap. During this time, the child was difficult to wake up. After a few minutes, staff person #1 and #2 tried sitting child #3 up while rubbing their back to wake-up the child. Staff person #1 and #2 observed that it appeared child's eyes were going to the back of her head. At that time, they thought the child was having a seizure. At approximately 3:15 pm, staff person #2 attempted to call the child's mother. Staff person #1 and #2 then moved the child to the futon in the back room, where the child walked with assistance, but still would not open their eyes. Staff person #3 then laid her down while staff person #1 attempted to call the grandparent. Staff person #1 then called the next Emergency Contact Person on the list. Staff person #1 called EMS at approximately 3:20 pm. Staff person #1, #2 and #3 did not immediately call for emergency medical care, therefore, the overall safety of the child, due to the severity of the symptoms observed, posed a threat to the health and safety of that child. During this time, staff person #1, #2, and #3 did not separate the remaining children in care from the child in need of emergency medical care.

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

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: On 01/11/2023, at approximately 3:00 pm, Staff person #1, #2 and #3 attempted to wake child #1 from their nap. During this time, the child was difficult to wake up. After a few minutes, staff person #1 and #2 tried sitting child #3 up while rubbing their back to wake-up the child. Staff person #1 and #2 observed that it appeared child's eyes were going to the back of her head. At that time, they thought the child was having a seizure. At approximately 3:15 pm, staff person #2 attempted to call the child's mother. Staff person #1 and #2 then moved the child to the futon in the back room, where the child walked with assistance, but still would not open their eyes. Staff person #3 then laid her down while staff person #1 attempted to call the grandparent. Staff person #1 then called the next Emergency Contact Person on the list. Staff person #1 called EMS at approximately 3:20 pm. Staff person #1, #2 and #3 did not immediately call for emergency medical care, therefore, the overall safety of the child, due to the severity of the symptoms observed, posed a threat to the health and safety of that child. During this time, staff person #1, #2, and #3 did not separate the remaining children in care from the child in need of emergency medical care.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The facility owner and director will be required to attend the Central Region Existing Provider Orientation virtual class to be conducted on 04/13/2023. The director shall contact the Central Regional Office to schedule the training. The hours of the training may not be counted towards the required 12 hours of annual child care training.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #1 and #2 have not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): Pediatric First-Aid & CPR from a PQAS-approved trainer through an approved curriculum.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10. Staff person #1 and #2 will have until 03/24/2023 to complete the required training. Until such time as the required training has been completed, staff person #1 and #2 must be supervised, when interacting with children, by a AGS who has completed the required training related to this citation. If there are no staff available to supervise staff person #1 and #2, staff person #1 and #2 may not work in a child-care position at the facility.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The file for staff person #1 included an FBI Clearance dated 12/07/2017 which was not updated within 60 months of the previous clearance.

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

Regulation: 3270.33(d)

Description: General requirements for facility persons

Noncompliance Area: On 01/27/2023, staff person #1 and #2 were working at the facility. Staff person #1 and #2 did not have pediatric first-aid and pediatric cardiopulmonary resuscitation from a PQAS-approved trainer through an approved curriculum. There was no other staff person competent in Pediatric first-aid and CPR in the facility while children were receiving care.

Correction Required: One or more facility persons competent in pediatric first-aid and pediatric cardiopulmonary resuscitation techniques shall be at the facility when one or more children are in care.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: Observed bolts on the gate of the outdoor play space which were not cut or capped.

Correction Required: Toys, play equipment and other indoor and outdoor equipment used by the children shall be clean, in good repair and free from rough edges, sharp corners, pinch and crush points, splinters and exposed bolts.

Regulation: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: Observed a rest mat in the preschool/toddler area which was torn, exposing the foam inside. Observed a white 9 cubby shelf and a grey 9 cubby shelf in the front room which was not anchored to prevent a tip hazard. Observed 2 grey 9 cubby shelves placed side by side to create a barrier between the infant/young toddler area and the older toddler area which was not anchored to prevent a tip hazard.

Correction Required: Furniture must be durable, safe, easily cleaned and appropriate for the child's size, age and special needs.

Regulation: 3270.123(b)

Description: Parent receives original

Noncompliance Area: The original agreement for child #1, #2, #3, #4 and #5 were observed in the child's file; the parents are not being provided the original agreement.

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

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The emergency contact information for child #3 did not include the address of the child's physician or source of medical care.

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

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The emergency contact information for child #5 did not include the work telephone number of the enrolling parent.

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

Regulation: 3270.124(c)

Description: Each child care space

Noncompliance Area: Emergency contact information was not present in the toddler, preschool and school-age children for all of the children receiving care in the child care 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: 3270.131(b)(2)

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

Noncompliance Area: An updated health report was not on file for child #2 at least once every 12 months for a preschool child; the most recent health report on file was dated 04/07/2022 and the previous health report was dated 08/29/2019.

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(c)

Description: Completed or signed by physician, PA, or CRNP

Noncompliance Area: The health report on file for child #4 was a Clinical Visit Summary that did not include the signature of the physician, physician's assistant or a CRNP that completed the assessment. The health report on file for child #5 was an After Visit Summary that did not include the signature of the physician, physician's assistant or a CRNP that completed the assessment.

Correction Required: A health report must be written and signed by a physician, physician's assistant or a CRNP. The signature must include the individual's professional title.

Regulation: 3270.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The health report on file for child #4 was a Clinical Visit Summary that 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.. The health report on file for child #5 was an After Visit Summary that 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: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: The After Visit Summary for child #5, a 5-year old, did not include an updated immunization record. The file for child #2, a 5 year old, included a record of the child's immunization status which lacked an influenza and Hep A immunizations. The file for child #4, a 3-year-old, included a record of the child's immunization status which lacked an influenza immunization.

Correction Required: The facility shall require the parent to provide updated written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of ongoing vaccines administered to an infant, toddler or preschool child in accordance with the schedule recommended by the ACIP.

Regulation: 3270.182(1)

Description: Initial and subsequent health reports

Noncompliance Area: The file for child #5 did not contain the initial and subsequent health reports.

Correction Required: A child's record shall contain initial and subsequent health reports.

Regulation: 3270.192(2)(ii)

Description: Exp, educ., training prior to facility

Noncompliance Area: The file for staff person #1 did not include verification of child care experience and education prior to service at the facility; the file contained a copy of a Bachelors degree without a transcript to verify the degree held is in a Human Services Field. The file for staff person #4 & #5 did not include verification of education at the time of initial hire.

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

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: The file for staff person #5 did not include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

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: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: Observed the current certificate of compliance was not posted in a conspicuous location used by parents, the certificate displayed was valid from 08/07/2020-08/07/2021.

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: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: The emergency plan did not include accommodations for infants, toddlers, children with disabilities, and children with chronic medical conditions.

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(a)(6)

Description: Emergency plan

Noncompliance Area: Documentation of an annual emergency drill was not conducted between 12/2020 - 12/2021.

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

Regulation: 3270.27(f)

Description: Emergency plan

Noncompliance Area: A copy of the most recent update of the emergency plan was not sent 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: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: Annual fire safety training for staff person #2 and #3 was not completed within 12 months of the previous training. Current fire safety training for staff person #2 was completed on 05/22/2022 and the previous training was completed on 04/13/2021. Current fire safety training for staff person #3 was completed on 05/22/2022 and the previous training was completed on 04/13/2021.

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(2)(iii)

Description: Comply with CPSL/Exp, educ., training at facility

Noncompliance Area: The file for staff person #2 included mandated reporter training which was not updated at least once every 60 months as required by the CPSL; the current mandated reporter training on file was completed on 03/09/2022 and the previous one was dated 08/30/2016.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: At the time of rehire, the file for staff person #1 included a volunteer state police clearance dated 03/01/2020, a request for the state police clearance for the purpose of employment was not requested until 05/01/2022 after she had already started at the facility; the file contains a copy of the state police clearance for the purpose of employment dated 05/01/2022. The file for staff person #4 did not include a copy of the request or results of the NSOR clearance prior to their first day caring for children. The file for staff person #5 did not include the results of the Child Abuse Clearance, NSOR clearance and the State Police or FBI clearance prior to their initial date hire. The file for staff person #5 included a request for the state police clearance dated 03/07/2022, a request for the child abuse clearance dated 05/05/2022, a request for the FBI clearance dated 05/06/2022 and documentation that the NSOR clearance was mailed on 04/25/2022.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person #4 and #5 may not work in a child care position at the facility. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: Observed cleaning products under the cabinet and next to the sink in the kitchen area; the gate to the kitchen area was unlocked

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: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed rust at the doorframe leading out the back door of the facility which is used to access the outdoor play space.

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: 3270.82(g)

Description: Clean and good repair

Noncompliance Area: Observed the toilet paper holder in the bathroom in the school-age classroom which was broken..

Correction Required: Toilet areas and fixtures shall be cleaned daily and be in good repair.

Regulation: 3270.82(i)

Description: Lidded waste receptacles

Noncompliance Area: Observed the lid to the trash can used to discard paper towels after handwashing located in the preschool/toddler bathroom was removed. *Lid was replaced at the time of the inspection.

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)(9)

Description: Written record

Noncompliance Area: A fire drill conducted on 05/04/2022 was not documented on the fire drill log.

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: 3270.95(b)

Description: Director or designated staff person ensure compliance

Noncompliance Area: The operator did not maintain proof of purchase of the fire detection devices with the fire drill log. *An attestation form was completed at the time of the inspection. The operator did not ensure the fire detection devices were being tested at least once every 30 days; a test of greater than 30 days was documented on 06/12/2021 - 07/20/2021, 08/10/2021 - 09/17/2021, 10/08/2021 - 11/15/2021, 02/01/2022 - 03/07/2022 and 03/07/2022 - 04/18/2022.

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

Regulation: 3270.17(b)

Description: Permit specialized services

Noncompliance Area: On 11/15/2021, staff person #1, stated that due to COVID, they are not currently allowing outside agencies into the facility to provide specialized services to children with special needs..

Correction Required: The operator shall permit an adult individual who provides specialized services to a child with special needs to provide those services on the facility premises as specified in the child's IEP, IFSP or written behavioral plan.