Jolly Tots Day Nursery

Regulation: 3270.151(c)(2)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: Certification rep reviewed staff #1 and #2 record and observed staff records did not include tuberculosis screening by the Mantoux method at initial employment. Certification rep reviewed staff #3 record and observed Physical examination form did not include TB test date and date of read results on physical examination form.

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. 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: 3270.192(2)(iv)

Description: Transcript, diploma and letters

Noncompliance Area: Certification rep reviewed staff #1 record and observed record did not include level of education.

Correction Required: A facility person's record shall include acceptable verification of experience, education or training is a transcript or a diploma or a letter signed by a representative of the experiential, educational or training entity.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: Certification rep reviewed staff #1 record and observed did not include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person. Staff #3 record did not include one nonfamily reference 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: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: Certification rep reviewed staff #1 record and observed record did not include documentation of staff #1 receiving emergency plan training at the time of initial employment.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Certification rep reviewed staff #1 record and observed record did not contain signed disclosure statement from staff#1 in record.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). SAFETY PLAN: The operator is required to submit to the Children and Youth Agency a plan of supervision or alternate arrangement as required by the Child Protective Services Law. LACKING REQUIRED HIRING DOCUMENTS: Facility Person # -1- may not work in a child care position at the facility. PROVISIONAL HIRE UNSUPERVISED: A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee. 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 #--1may not work in a child care position at the facility.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Certification rep observed staff #1 caring for children unsupervised in the older toddler classroom without completing the required part one and part two of the health and safety training. Staff # 1 has not completed the following pre-service training required prior to caring for children unsupervised: Pediatric first aid and CPR training.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children. Until such time as the required pre-service trainings are completed, staff person #1 must be supervised, when interacting with children, by an (AGS, primary staff person, or family childcare home staff person) who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #1 staff may not work in a child-care position at the facility.

Regulation: 3270.95(a)

Description: Devices must be compliant

Noncompliance Area: During the renewal inspection, certification rep observed fire alarm inspection report in file was expired, date of expiration: 4/25/24.

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)).

Regulation: 3270.124(f)/3270.181(c)

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

Noncompliance Area: During the renewal inspection certification rep reviewed child#1 record and observed emergency contact information was not updated once in a 6-month period.

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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: During the renewal inspection certification rep reviewed emergency plan and observed emergency plan did not have a plan for 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: 3270.95(b)

Description: Director or designated staff person ensure compliance

Noncompliance Area: During the renewal inspection testing of the fire alarm system every 30 days was not documented and kept on file at the facility.

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: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: At the time of renewal inspection, emergency contact information of child #2 did not include health insurance policy number for a child under a family policy or Medical Assistance benefits, if applicable.

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(d)(5)/3270.131(e)(2)(i)

Description: Immunization record/Exemption documentation from parent/guardian

Noncompliance Area: At the time of renewal inspection, immunization record of child #1 did not include an updated influenza immunization recommended by ACIP. A letter of exemption was not observed in the file of child #1.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. Exemption from immunization for religious belief or strong personal objection equated to a religious belief shall be documented by a written, signed and dated statement from the child's parent or guardian. The statement shall be kept in the child's record.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: At the time of renewal inspection, a policy and procedure of the prevention and identification of child maltreatment was not observed. In addition, the emergency plan did not contain a statement regarding volunteers participating in emergency plan training and emergency drills.

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: 3270.181(e)

Description: Emergency master file updated

Noncompliance Area: At the time of renewal inspection observed that emergency information was not updated in each child care space. Each classroom had emergency contact forms that were updated by parents more than 6 months ago.

Correction Required: If emergency information is updated in a master file, it shall be updated accordingly in other facility records.

Regulation: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: At the time of renewal inspection, emergency plan did not include information about accommodations for toddlers.

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

Regulation: 3270.31(f)(10)

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

Noncompliance Area: At the time of renewal inspection, file of staff person #1 and #2 did not include verification that staff completed professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days 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: At the time of renewal inspection, file of staff person #2 did not include a current criminal history check, child abuse and neglect registry check, and sex offender check from the state of Texas in which resided within the last 5 years. Staff person #2 has not completed the mandated reporter training within 90 days of their date of hire (see LIS code sheet)

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. Staff Person #2 must be removed from child care position by close of business. Texas child abuse, state policy and sex offender clearance must be obtained before facility person #2 may resume a child care position. Staff person #2 will have until 7/1/23 to complete the mandated reporter training. Until such time as the required training has been completed, staff person #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 available to supervise staff person #2, staff person #2 may not work in a child-care position at the facility.

Regulation: 3270.76/3270.77(a)

Description: Building Surfaces/No peeling paint or plaster

Noncompliance Area: At the time of renewal inspection observed rust and peeling paint on the door located at the back of the facility that used by children to go outside. Rust and peeling paint were accessible 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. Peeled or damaged paint or damaged plaster is not permitted on indoor or outdoor surfaces in the child care facility.

Regulation: 3270.75(d)

Description: On excursions

Noncompliance Area: During renewal inspection observed that a first aid kit and a bottle of water didn't accompany children when they were playing outside.

Correction Required: One first-aid kit per child care group must accompany children and facility persons on excursions from the facility. Each first aid kit taken on an excursion must contain a bottle of water in addition to the items specified at §3270.75(c).

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: At the time of renewal inspection, provider was not able to provide proof of purchase and date of purchase of an interconnected fire detection system.

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.