Learning & Growing Child Care Ctr

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: During a renewal inspection on 12/16/25, certification rep observed an exposed bolt on the base of the toilet in the first floor bathroom.

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: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: During a renewal inspection on 12/16/25, there was no work address or phone number for the parent listed on the emergency contact form for child # 1.

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: During a renewal inspection on 12/16/25, there was no address for the release persons listed on the emergency contact form for child # 1.

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: 3270.151(a)

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

Noncompliance Area: During a renewal inspection on 12/16/25, certification rep observed more than 24 months passed between health assessments for staff # 2. This is evidenced by staff health assessments dated 7/27/22 and 8/2/24.

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: 3270.166(4)

Description: Bottles labeled

Noncompliance Area: During a renewal inspection on 12/16/25, certification rep observed two unlabeled bottles in the infant room.

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

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

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

Noncompliance Area: During a renewal inspection on 12/16/25, the operator informed the certification rep that staff # 1 was hired as an assistant group supervisor. There is no verification of child care experience prior to their service at the facility

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 2 years experience with children. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: During an allocated unannounced inspection on 6/26/25 certification rep observed a storage cabinet in the second-floor preschool/school age classroom with a broken hinge, which caused the door to fall when opened. In the large outdoor play area, there was a sandbox with a crack in two places creating pinch points.

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: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: During an allocated unannounced inspection on 6/26/25, certification rep observed peeling paint under the window in the older toddler section of the main room of the first floor.

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

Regulation: 3270.94(a)(9)

Description: Written record

Noncompliance Area: During an allocated unannounced inspection on 6/26/25, certification rep observed the fire drills logged on 3/20/25, 5/11/25, and 6/5/25 to be missing the time of day, hypothetical location, and number of children present.

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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: The changing pad on the diaper table in the first floor bathroom was observed to have a stain on the bottom.

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: 3270.131(b)(2)

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

Noncompliance Area: More than 12 months passed between health assessments for child # 1 (see code sheet for DOB) as evidenced by the health assessments on file dated 11/19/24 and 9/29/23.

Correction Required: The operator shall require the parent to provide an updated health report at least every 12 months for an older toddler or preschool child.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: More than 12 months passed since the last staff evaluation on file for staff # 1. The most recent staff evaluation on file is dated 6/22/23.

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: 3270.36(b)(5)

Description: HS/GED + 2 yrs

Noncompliance Area: Staff person # 4 is classified as an assistant group supervisor. There is no high school diploma on file for staff person # 2.

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 2 years experience with children.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: A renewal inspection was conducted on 2/6/24. At that time, plastic bags were observed in unlocked drawers in the kitchen that were less than two feet high and accessible to the toddlers in care. Plastic food safe gloves were observed on the diaper changing table for the infants and in the girls' bathroom where the toddlers' diapers are changed. The plastic food safe gloves were accessible to the children when their diapers were changed.

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: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted on 2/6/24. At that time, it was found that Staff Person #1 has yelled harshly at the children, at times out of frustration, saying things like "you're one of the oldest friends, you're crying like a baby, do you need to go to the baby room?" and "you need to stop crying or you're going to go in the baby room if you act like that."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted on 2/6/24. At that time, it was found that Staff Person #1 has yelled harshly at the children, at times out of frustration, saying things like "you're one of the oldest friends, you're crying like a baby, do you need to go to the baby room?" and "you need to stop crying or you're going to go in the baby room if you act like that."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children. The legal entity must arrange for Staff Person #1 to complete Positive Work Environments---Where Programs and Educators Thrive! on the Better Kid Care website.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: A renewal inspection was conducted on 2/6/24. At that time, the most recent child service report on file for Child #1 was completed in April 2023.

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: 3270.31(e)

Description: Age and Training

Noncompliance Area: A renewal inspection was conducted on 2/6/24. At that time, the staff files were reviewed. Staff Person #1 had completed two hours of training in the past year of hire, 12/19/22-12/19/23. Staff Person #1 needs an additional 10 training hours. Staff Person #2 had completed six hours of training in the past year of hire, 12/19/22-12/19/23. Staff Person #2 needs an additional 6 training hours.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of child care training. Staff person #1 must take 10 hours of professional development to fulfill requirement for training year 12/19/22-12/19/23. Staff person #2 must take 6 hours of professional development to fulfill requirement for training year 12/19/22-12/19/23.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: A renewal inspection was conducted on 2/6/24. At that time, the wallpaper behind the trash can in the girls bathroom was peeling.

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: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth." An acceptable plan of correction was received with a correction date of 3/31/23. A complaint investigation conducted 7/21/23-8/21/23, found that Staff Person #3 and Staff Person #4 are still yelling at the infants and young toddlers in a harsh manner. An acceptable plan of correction was received with a correction date of 8/2/23. Complaint investigations were conducted on 9/5/23 and 9/12/23. During the inspection, it was found that Staff Person #1, Staff Person #7, Staff Person #8, and Staff Person #9 yell harshly at the children. Staff Person #1 gets in the faces of the children, including young toddlers, screaming at the top of their lungs. Staff Person #1 has been heard yelling "get on your bed", "we're not playing with that", and "stop biting." Staff Person #7 has been overheard yelling aggressively, "don't climb in the baby carriage" and "no biting." Staff Person #8 was overheard during the inspection yelling "Oh my god, you need to sit." Staff Person #8 and Staff Person #9 have been overheard yelling "stop running around and knock it off" while they sit at a table instead of getting up to redirect the children in an appropriate tone. Staff Person #9 has been overheard yelling "oh my god will you stop already."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.162(c)

Description: Not withheld as discipline

Noncompliance Area: An unannounced inspection was conducted 9/13/23. During the inspection, Staff Person #8 stated that the toddlers are rewarded with fruit loops if they help clean up. Staff Person #8 stated that if a child does not help clean up then they are not given any fruit loops.

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

Regulation: 3270.21/3270.102(a)

Description: General Health and Safety/Clean and good repair

Noncompliance Area: A complaint inspection was conducted 9/12/23. During the inspection, the owner stated that a lawn mower was outside the back entrance to the facility for five days and accessible to the children.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. 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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: A complaint inspection was conducted 9/12/23. During the inspection, the owner stated that a gas can was outside the back entrance to the facility for five days and accessible to the children. The gas can was brought to the facility with the lawn mower to cut the grass on the playground. Rock salt was observed in a tote with a cracked lid, outside the back entrance to the facility at the time of the inspection.

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: An unannounced inspection was conducted 9/13/23. During the inspection, the door equipped with a child lock to the laundry room across from the bathroom upstairs was observed to be completely open. The closet doors inside the room were leaned against the closet, not secured to the sliding tracks, and posed a crushing hazard.

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: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth." An acceptable plan of correction was received with a correction date of 3/31/23. A complaint investigation conducted 7/21/23-8/21/23, found that Staff Person #3 and Staff Person #4 are still yelling at the infants and young toddlers in a harsh manner. An acceptable plan of correction was received with a correction date of 8/2/23. Complaint investigations were conducted on 9/5/23 and 9/12/23. During the inspection, it was found that Staff Person #1, Staff Person #7, Staff Person #8, and Staff Person #9 yell harshly at the children. Staff Person #1 gets in the faces of the children, including young toddlers, screaming at the top of their lungs. Staff Person #1 has been heard yelling "get on your bed", "we're not playing with that", and "stop biting." Staff Person #7 has been overheard yelling aggressively, "don't climb in the baby carriage" and "no biting." Staff Person #8 was overheard during the inspection yelling "Oh my god, you need to sit." Staff Person #8 and Staff Person #9 have been overheard yelling "stop running around and knock it off" while they sit at a table instead of getting up to redirect the children in an appropriate tone. Staff Person #9 has been overheard yelling "oh my god will you stop already."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, erasers and other small manipulatives with a diameter of less than 1 inch were observed on the school age cart and were accessible to the toddler children in the lunch area. Plastic shopping bags and diapers in plastic packaging were observed in cubbies approximately 10 inches from the floor and were accessible to the toddlers in the lunch area. An acceptable plan of correction was received on 6/27/23 with a correction date of 6/27/23. An unannounced inspection was conducted on 8/2/23. During the inspection, erasers and other small manipulatives with a diameter of less than 1 inch were observed on the school age cart and were accessible to the toddler children in the lunch area. The school age cart had previously been observed in the lunch area on 6/27/23. It was now observed in the kitchen area which is next to the lunch area and there is nothing preventing the toddler children access to it.

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: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth." An acceptable plan of correction was received with a correction date of 3/31/23. A complaint investigation conducted 7/21/23-8/21/23, found that Staff Person #3 and Staff Person #4 are still yelling at the infants and young toddlers in a harsh manner.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth." An acceptable plan of correction was received with a correction date of 3/31/23. A complaint investigation conducted 7/21/23-8/21/23, found that Staff Person #3 and Staff Person #4 are still yelling at the infants and young toddlers in a harsh manner.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children. The legal entity must arrange for Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #7 to receive a minimum of two hours of training regarding Positive Infant/Toddler Interactions. The legal entity must arrange for the legal entity/director to receive a minimum of four hours of TA regarding Positive Infant/Toddler Interactions. The training must be PQAS approved, in-person, and outside of childcare hours. The legal entity must receive DHS approval of the training content prior to scheduling the training. The trainings may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth." An acceptable plan of correction was received with a correction date of 3/31/23. A complaint investigation conducted 7/21/23-8/21/23, found that Staff Person #3 and Staff Person #4 are still yelling at the infants and young toddlers in a harsh manner.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children. The facility will maintain compliance with 3270.113c and 3270.113d for a period of three months. There may be no instances of noncompliance during this time period.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #5 will pick up children roughly by their upper arm. It was found that staff will push children away from them in frustration and will use their feet or knees to roughly push in children's chairs at the meal tables. During the investigation, it was found that Staff Person #3 and Staff Person #4 will use cribs and exersaucers as a form of time out, leaving the mobile infants in them for periods longer than ten minutes. It was found that other staff will hold children down on their cots at naptime and use their bodies to stand behind children's chairs at lunch preventing the children from getting up from the table. An acceptable plan of correction was received. The plan included maintaining compliance during all unannounced inspections conducted by the department over a three-month period ending on 8/8/23. A complaint investigation conducted 7/21/23-8/21/23, found that on 7/19/2023, Staff Person #7 grabbed Child #1 by the shoulder with one hand and spanked the child with the other hand. During the onsite visit on 8/2/23, the correction for restraints prohibited was implemented.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. 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. The facility will maintain compliance with 3270.113b and 3270.113e for a period of three months. There may be no instances of noncompliance during this time period.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #5 will pick up children roughly by their upper arm. It was found that staff will push children away from them in frustration and will use their feet or knees to roughly push in children's chairs at the meal tables. During the investigation, it was found that Staff Person #3 and Staff Person #4 will use cribs and exersaucers as a form of time out, leaving the mobile infants in them for periods longer than ten minutes. It was found that other staff will hold children down on their cots at naptime and use their bodies to stand behind children's chairs at lunch preventing the children from getting up from the table. An acceptable plan of correction was received. The plan included maintaining compliance during all unannounced inspections conducted by the department over a three-month period ending on 8/8/23. A complaint investigation conducted 7/21/23-8/21/23, found that on 7/19/2023, Staff Person #7 grabbed Child #1 by the shoulder with one hand and spanked the child with the other hand. During the onsite visit on 8/2/23, the correction for restraints prohibited was implemented.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #5 will pick up children roughly by their upper arm. It was found that staff will push children away from them in frustration and will use their feet or knees to roughly push in children's chairs at the meal tables. During the investigation, it was found that Staff Person #3 and Staff Person #4 will use cribs and exersaucers as a form of time out, leaving the mobile infants in them for periods longer than ten minutes. It was found that other staff will hold children down on their cots at naptime and use their bodies to stand behind children's chairs at lunch preventing the children from getting up from the table. An acceptable plan of correction was received. The plan included maintaining compliance during all unannounced inspections conducted by the department over a three-month period ending on 8/8/23. A complaint investigation conducted 7/21/23-8/21/23, found that on 7/19/2023, Staff Person #7 grabbed Child #1 by the shoulder with one hand and spanked the child with the other hand. During the onsite visit on 8/2/23, the correction for restraints prohibited was implemented.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. 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. The legal entity must arrange for Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #7 to receive a minimum of two hours of training regarding Positive Infant/Toddler Interactions and at least 4 hours of TA with infants and toddlers. The training must be PQAS approved, in-person, and outside of childcare hours. The legal entity must receive DHS approval of the training content prior to scheduling the training. The trainings may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.101(a)

Description: Age appropriate

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, magnatiles were obseved in a basket on the floor of the lunch area where young and older toddlers were present. Manufacturers instructions for magnatiles state that they are for children ages 3 and older.

Correction Required: Play equipment and materials appropriate to the developmental needs, individual interests and ages of the children shall be provided in sufficient amount and variety to preclude long waits for use.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, the car rug in the older toddler area was observed to be fraying on one side. The base of the playhouse on the preschool playground was observed to be sticking up out of the ground due to a root and posed a tripping hazard.

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, erasers and other small manipulatives with a diameter of less than 1 inch were observed on the school age cart and were accessible to the toddler children in the lunch area. Plastic shopping bags and diapers in plastic packaging were observed in cubbies approximately 10 inches from the floor and were accessible to the toddlers in the lunch area.

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: 3270.111(c)

Description: Promote development

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, a young toddler was observed sleeping in a high chair for ten minutes. During this ten minute period, another toddler was observed falling asleep and remaining in the high chair. Three other young toddler children were observed sitting for ten minutes in high chairs with no food or activities. When asked, staff said that they were waiting for one child to finish eating. Three staff were with the group of nine young and older toddler children at this time. Staff did not begin transitioning children to the nap time area until prompted by the certification representative.

Correction Required: Daily activities shall promote the development of skills, social competence and self-esteem. Daily experiences shall recognize the child as an individual and give some choice of activities that respect personal privacy, lifestyle and cultural background.

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

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

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, the file for Staff Person #1 did not include a high school diploma or general education development certificate to qualify for an assistant group supervisor position.

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 2 years experience with children. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.71

Description: Heat Source

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, the hot water in the infant room sink reached a temperature of 113° F. The hot water in the preschool bathroom sink reached a temperature of 115° F. The hot water in the toddler room bathroom sink reached a temperature of 113° F.

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

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: A renewal inspection was conducted on 6/27/23. At that time, large folding tables posing a crushing hazard were observed propped on their sides in the library and in the back room upstairs. A ladder was resting against the counter in the kitchen area posing a crushing hazard.

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: 3270.119

Description: Infant sleep position

Noncompliance Area: A complaint investigation was conducted on 5/16/23. At that time, Staff Person #1 stated that Child #1, an infant, sleeps in a bouncer. A review of the child's file found a doctor's note allowing the infant to sleep in a rocker or a bed with an elevated head, but did not include a medical reason for this sleeping position.

Correction Required: Infants shall be placed in the sleeping position recommended by the American Academy of Pediatrics unless there is a medical reason an infant should not sleep in this position. The medical reason shall be documented in a statement signed by a physician, physician's assistant or CRNP and placed in the child's record 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 complaint investigation was conducted on 5/16/23. At that time, Staff Person #1 that they instruct staff not to complete accident reports when children are injured unless there is a mark.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1 and Staff Person #2 are frequently on their phones and not wholly supervising the children.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. Children must be supervised at all times. The legal entity must create a policy in order to maintain proper supervision. This policy will ensure that all children are properly assigned to a staff person and supervised at all times. This supervision policy must address cell phone use, in addition to supervision during transition times, such as visiting the bathroom and supervision on the playground. The legal entity must receive approval of the policy from the Regional Office. Once approved by the Regional Office, the legal entity must review policy with all staff and have staff sign off that the understand and will follow the supervision policy.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1 and Staff Person #2 are frequently on their phones and not wholly supervising the children.

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

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #5 will pick up children roughly by their upper arm. It was found that staff will push children away from them in frustration and will use their feet or knees to roughly push in children's chairs at the meal tables. During the investigation, it was found that Staff Person #3 and Staff Person #4 will use cribs and exersaucers as a form of time out, leaving the mobile infants in them for periods longer than ten minutes. It was found that other staff will hold children down on their cots at naptime and use their bodies to stand behind children's chairs at lunch preventing the children from getting up from the table.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. 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. The operator shall demonstrate the ability to maintain compliance with the regulation during all unannounced inspections conducted by the Department over the next three months.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #5 will pick up children roughly by their upper arm. It was found that staff will push children away from them in frustration and will use their feet or knees to roughly push in children's chairs at the meal tables. During the investigation, it was found that Staff Person #3 and Staff Person #4 will cribs and exersaucers as a form of time out, leaving the mobile infants in them for periods longer than ten minutes. It was found that other staff will hold children down on their cots at naptime and use their bodies to stand behind children's chairs at lunch preventing the children from getting up from the table.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. 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. The legal entity must arrange for all staff to receive a minimum of two hours of training regarding Behavior Management. The training must be PQAS approved, in-person, and outside of childcare hours. The legal entity must receive DHS approval of the training content prior to scheduling the training. The trainings may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that Staff Person #1, Staff Person #3, Staff Person #4, and Staff Person #5 will pick up children roughly by their upper arm. It was found that staff will push children away from them in frustration and will use their feet or knees to roughly push in children's chairs at the meal tables. During the investigation, it was found that Staff Person #3 and Staff Person #4 will cribs and exersaucers as a form of time out, leaving the mobile infants in them for periods longer than ten minutes. It was found that other staff will hold children down on their cots at naptime and use their bodies to stand behind children's chairs at lunch preventing the children from getting up from the table.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that they had called a child "a big brat." Staff Person #1 will tell children "I'm not in the mood today, go away." During the investigation, it was found that on 3/30/23, Staff Person #1 screamed harshly at a child saying, "You better get on your cot, I had to bring five kids down!" Staff Person #6 has been overheard screaming, "No, don't do that!" Staff Person #3 and Staff Person #4 have been heard harshly yelling "That's enough, you're not listening, time out!" "Don't touch that crib" and "Don't put that in your mouth."

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children. The legal entity must arrange for all staff to complete the training entitled "Dealing with Anger -- The Children's and Yours" through Better Kid Care. The training may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.133(4)

Description: Locked

Noncompliance Area: An unannounced inspection was conducted on 3/31/23 and 4/10/23. During both inspections, medication, including desitin, triple paste, hydrocortisone cream, children's benadryl, infant pain and fever, and three separate prescriptions for albuterol, were observed on the kitchen counter, approximately 30 inches high and were accessible to the children in care.

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: 3270.134(a)

Description: Child's hands washed

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that when they are changing children's diapers without another staff to assist, they will not wash the children's hands until they have changed all of the children's diapers.

Correction Required: A staff person shall ensure that a child's hands are washed before meals and snacks, after toileting and after being diapered.

Regulation: 3270.135(b)

Description: Surfaces cleaned

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that when they are changing children's diapers without another staff to assist, they will not clean and sanitize the changing table until they have changed all of the children's diapers.

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

Regulation: 3270.135(e)

Description: 2 hour diaper check

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that when they are changing children's diapers they will only wipe children if they have pooped.

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: 3270.152

Description: Adult Hygiene

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, Staff Person #5 stated that when they are changing children's diapers without another staff to assist, they will not wash their hands until they have changed all of the children's diapers.

Correction Required: A facility person shall wash his hands before meals and snacks, and after toileting and after diapering a child.

Regulation: 3270.162(c)

Description: Not withheld as discipline

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that staff withheld a cupcake from a child for not listening.

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

Regulation: 3270.183(b)

Description: No information disclosed

Noncompliance Area: A complaint investigation was conducted during the time period of 3/31/23 through 4/10/23. During the investigation, it was found that due dates for children's health reports and a list of which children have not yet received the flu vaccine is posted on the door of the facility.

Correction Required: A facility person may not disclose information concerning a child or family, except in the course of inspections and investigations by agents of the Department.

Regulation: 3270.66(a)/3270.66(b)

Description: Locked or inaccessible/Original container

Noncompliance Area: An unannounced inspection was conducted on 3/31/23 and 4/10/23. During both inspections, an unlabeled bottle of liquid was observed on the kitchen counter, in the area where lunch was prepared, approximately 30 inches high and accessible to the children in care. The operator identified the liquid as Proforce Cleaning Solution from Sam's Club, which is labeled "keep out of reach of children." During both inspections, an unlabeled bottle of liquid was observed on the kitchen counter, in the area where lunch was prepared, approximately 30 inches high and accessible to the children in care. The operator identified the liquid as Proforce Cleaning Solution from Sam's Club, which is labeled "keep out of reach of children."

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children. 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 stored away from food, food preparation areas and child care spaces. The legal entity must arrange for all staff to receive a minimum of two hours of training regarding Health & Safety -- Healthy Environment. The training must be PQAS approved, in-person, and outside of childcare hours. The legal entity must receive DHS approval of the training content prior to scheduling the training. The trainings may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.66(a)/3270.66(b)

Description: Locked or inaccessible/Original container

Noncompliance Area: An unannounced inspection was conducted on 3/31/23 and 4/10/23. During both inspections, an unlabeled bottle of liquid was observed on the kitchen counter, in the area where lunch was prepared, approximately 30 inches high and accessible to the children in care. The operator identified the liquid as Proforce Cleaning Solution from Sam's Club, which is labeled "keep out of reach of children." During both inspections, an unlabeled bottle of liquid was observed on the kitchen counter, in the area where lunch was prepared, approximately 30 inches high and accessible to the children in care. The operator identified the liquid as Proforce Cleaning Solution from Sam's Club, which is labeled "keep out of reach of children."

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children. 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 stored away from food, food preparation areas and child care spaces.

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: An unannounced inspection was conducted on 3/31/23. During the inspection, a first aid kit was observed on the kitchen counter approximately 30 inches high and accessible to the children in care.

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

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: A complaint investigation was conducted on 6/7/22. At that time, Staff Person #1 stated that the children will gather in the preschool area on the first floor at the end of the day as parents pick up. This includes young and older toddlers and occasionally infants. Plastic bags, matchbox cars, small beads, and lacing numbers (all less than 1 inch in diameter) are located on floor level shelves and are accessible to children in this area.

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: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: A complaint investigation was conducted on 6/7/22. At that time, an infant was observed sleeping in a crib that was between two other cribs with six inches of space between each crib. The crib was up against a half wall and therefore did not have at least 2 feet of space on three sides.

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

Regulation: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: A renewal inspection was conducted on 6/7/22. At that time, the file for Child #1 was reviewed. The file did not contain the child's date of admission to the facility.

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

Regulation: 3270.123(b)/3270.182(8)

Description: Parent receives original/Copy of initial and subsequent agreements. Parent receives original.

Noncompliance Area: A complaint investigation was conducted on 6/7/22. At that time, Staff Person #1 stated that the financial agreement in the child files is the original and parent's are not given a copy of the agreement.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement.A child's record shall contain a copy of the initial agreement and subsequent written agreements between the parent and the operator. The parent receives the original agreement.

Regulation: 3270.135(b)

Description: Surfaces cleaned

Noncompliance Area: A complaint investigation was conducted on 6/7/22. At that time, the diaper changing pad in the bathroom next to the kitchen on the first floor was dirty and torn, and was therefore not able to be properly sanitized in between each use.

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

Regulation: 3270.27(d)

Description: Plan posted

Noncompliance Area: A complaint investigation was conducted on 6/7/22. At that time, the emergency plan was not available in a conspicuous location at the facility. The only copy was in the director's office.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: A renewal inspection was conducted on 6/7/22. At that time, the file for Staff Person #1 was reviewed. The file did not contain the required New York clearances for Staff Person #1, who had lived in New York in the past five years.

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 #1 may not work in a child care position at the facility until the NY SOR and NY CARI clearances are on file at the facility.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: A renewal inspection was conducted on 6/7/22. At that time, duracel and energizer batteries were observed in an unlocked drawer (approximately 3 feet high) in the upstairs kitchen area and were accessible to the preschool children in care. The lock on the floor cabinet in the bathroom across from the library on the second floor was not working properly and children had access to the Lysol and Febreez located in the cabinet. The closet located to the left of the back entrance on the first floor is not equipped with a lock and Barbasol shaving cream and Santa snow were observed on a low shelf (approximately 1.5 feet high) accessible to the children. All of these items are labeled "keep out of reach of children."

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

Regulation: 3270.67(d)

Description: Contaminated trash in closed plastic-lined receptacle

Noncompliance Area: A renewal inspection was conducted on 6/7/22. At that time, dirty tissues were observed in an unlidded trash can in the young toddler area.

Correction Required: Trash that has been contaminated by human secretions or excrement shall be contained in closed, plastic-lined receptacles.

Regulation: 3270.82(i)

Description: Lidded waste receptacles

Noncompliance Area: A renewal inspection was conducted on 6/7/22. At that time, the trash can located in the bathroom opposite the library on the second floor was not equipped with a lid. The children on the second floor were using this bathroom during 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: 3270.31(f)(10)

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

Noncompliance Area: An unannounced inspection was conducted on 5/6/22. At that time, the preservice professional development topics were reviewed for all staff present. The following staff persons did not have proof of completion of professional development in pediatric first aid and CPR: Staff Person #1, Staff Person #2, Staff Person #3, and Staff Person #4. All of these staff were supervised by at least an assistant group supervisor or higher that had completed the required preservice professional development topics.

Correction Required: Staff persons shall complete professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days of hire. Staff Person #1, Staff Person #2, Staff Person #3, and Staff Person #4 will have 15 days from the date of the acceptable plan of correction to complete pediatric first aid and CPR training in an approved curriculum administered by a PQAS instructor. Until such time as the required pediatric CPR and first aid training is complete, the staff will remain supervised by at least an assistant group supervisor that has completed the required preservice professional development.

Regulation: 3270.111(c)

Description: Promote development

Noncompliance Area: An unannounced inspection was conducted on 2/1/22. At that time, Staff Person #2 detailed the schedule for the three year old preschool group as follows: "snack, circle time, worksheet, fine motor activity, art activity, clean up, group activity, lunch time, nap time, free play until children go home." The schedule does not allow for children's choice of activity to recognize the child as an individual and promote self-esteem.

Correction Required: Daily activities shall promote the development of skills, social competence and self-esteem. Daily experiences shall recognize the child as an individual and give some choice of activities that respect personal privacy, lifestyle and cultural background. The legal entity must arrange for Staff Person #1, Staff Person #2, and Staff Person #4 to complete Developmentally Appropriate Practice (DAP): An Introduction through Better Kid Care. The legal entity must arrange for Staff Person #2 to complete Preschool Foundations: Environments and Routines that Work! through Better Kid Care. These trainings may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.111(c)

Description: Promote development

Noncompliance Area: An unannounced inspection was conducted on 2/1/22. At that time, Staff Person #2 detailed the schedule for the three year old preschool group as follows: "snack, circle time, worksheet, fine motor activity, art activity, clean up, group activity, lunch time, nap time, free play until children go home." The schedule does not allow for children's choice of activity to recognize the child as an individual and promote self-esteem.

Correction Required: Daily activities shall promote the development of skills, social competence and self-esteem. Daily experiences shall recognize the child as an individual and give some choice of activities that respect personal privacy, lifestyle and cultural background.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1, Staff Person #2, Staff Person #3, and Staff Person #4 pull children by their hands and arms in a rough manner. Investigations found that Staff Person #3 had grabbed a child's hand to sit them down at the table and pulled them so aggressively their head hit the table. On another occasion, Staff Person #3 had dragged a child by their arm to their cot. Staff person #3 was involved in a subsequent instance of non-compliance with a child on 3/30/22 and was immediately terminated.

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

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1, Staff Person #2, Staff Person #3, and Staff Person #4 pull children by their hands and arms in a rough manner. Investigations found that Staff Person #3 had grabbed a child's hand to sit them down at the table and pulled them so aggressively their head hit the table. On another occasion, Staff Person #3 had dragged a child by their arm to their cot. Investigations also found that Staff Person #3 has placed their legs over a child to hold them on their cot at naptime. Staff person #3 was involved in a subsequent instance of non-compliance with a child on 3/30/22 and was immediately terminated.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1, Staff Person #2, Staff Person #3, and Staff Person #4 pull children by their hands and arms in a rough manner. Investigations found that Staff Person #3 had grabbed a child's hand to sit them down at the table and pulled them so aggressively their head hit the table. On another occasion, Staff Person #3 had dragged a child by their arm to their cot. Investigations also found that Staff Person #3 has placed their legs over a child to hold them on their cot at naptime. Staff person #3 was involved in a subsequent instance of non-compliance with a child on 3/30/22 and was immediately terminated.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. 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. The legal entity must create a discipline policy. This policy must specifically include positives strategies for guiding children's behavior. This policy must ensure that staff will not use physical punishment, harsh language, physical restraint, or ridiculing of children. The legal entity must receive approval of the policy from the Regional Office. Once approved by the Regional Office and after the Behavior Management training has been completed, the legal entity must review policy with all current staff and have staff sign off that they understand and will follow the discipline policy. All new staff hired after the Behavior Management training must review the discipline policy with the director at their time of hire and must sign off that they understand and will follow the discipline policy.

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1, Staff Person #2, Staff Person #3, and Staff Person #4 pull children by their hands and arms in a rough manner. Investigations found that Staff Person #3 had grabbed a child's hand to sit them down at the table and pulled them so aggressively their head hit the table. On another occasion, Staff Person #3 had dragged a child by their arm to their cot. Investigations also found that Staff Person #3 has placed their legs over a child to hold them on their cot at naptime. Staff person #3 was involved in a subsequent instance of non-compliance with a child on 3/30/22 and was immediately terminated.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. 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. The legal entity must arrange for all staff to receive a minimum of two hours of training regarding Behavior Management. The training must be PQAS approved, in-person or live webinar. The legal entity must receive DHS approval of the training content prior to scheduling the training. The trainings may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.113(c)

Description: No ridicule or threaten harm

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1 and Staff Person #4 have made fun of the children for bathroom accidents or not coloring inside the lines. Staff Person #1 and Staff Person #4 have called children a "baby" for having a pacifier. Investigations found that Staff Person #3 had told children that they are "bad" and will "not get any Christmas presents."

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

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1 and Staff Person #4 have made fun of the children for bathroom accidents or not coloring inside the lines. Staff Person #1 and Staff Person #4 have called children a "baby" for having a pacifier. Investigations found that Staff Person #3 had told children that they are "bad" and will "not get any Christmas presents." The investigation also found that Staff Person #2 has yelled harshly at the children. On one occasion, Staff Person #2 stated to Staff Person #1, "You need to take this kid, or I'm going to throw them out a f****** window." Investigations found that Staff Person #3 yells harshly at the children.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family.A facility person may not use harsh, demeaning or abusive language in the presence of children.

Regulation: 3270.113(c)/3270.113(d)

Description: No ridicule or threaten harm/No harsh language

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #1 and Staff Person #4 have made fun of the children for bathroom accidents or not coloring inside the lines. Staff Person #1 and Staff Person #4 have called children a "baby" for having a pacifier. Investigations found that Staff Person #3 had told children that they are "bad" and will "not get any Christmas presents." The investigation also found that Staff Person #2 has yelled harshly at the children. On one occasion, Staff Person #2 stated to Staff Person #1, "You need to take this kid, or I'm going to throw them out a f****** window." Investigations found that Staff Person #3 yells harshly at the children.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family. A facility person may not use harsh, demeaning or abusive language in the presence of children. The legal entity must arrange for all staff to complete Stress: Seeing With Optimism through Better Kid Care. The training may not be counted towards the 12 hours of training required by regulation.

Regulation: 3270.113(d)

Description: No harsh language

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, the investigation found that Staff Person #2 has yelled harshly at the children. On one occasion, Staff Person #2 stated to Staff Person #1, "You need to take this kid, or I'm going to throw them out a f****** window." Investigations found that Staff Person #3 yells harshly at the children.

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

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, investigations found that Staff Person #3 has placed her legs over a child to hold them on their cot at naptime.

Correction Required: A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.

Regulation: 3270.182(7)

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

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, Staff Person #1 stated that the facility does not have an accident file for all incident reports completed at the facility.

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: 3270.61(h)

Description: Exceeding Capacity

Noncompliance Area: A complaint investigation was conducted on 2/1/22. At that time, Staff Person #2 stated that there are ten children in the class next to the office on Mondays and Wednesdays. The measurements on file show a room capacity of 6 children. Staff Person #1 stated that a wall was removed to accommodate more children. The room was remeasured and can now accommodate 9 children. There are too many children in the room on Mondays and Wednesdays.

Correction Required: The capacity established for an indoor space may not be exceeded.

Regulation: 3270.71

Description: Heat Source

Noncompliance Area: An unannounced inspection was conducted on 2/1/22. At that time, Staff Person #1 stated that the stove in the kitchen area is used for baking projects and art projects with the children. There is nothing to prevent access from the stove when in use.

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

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: An unannounced inspection was conducted on 2/1/22. At that time, ripped carpet was observed in the PreK Room. The room at the top of the stairs measured for child care space is being used for storage with items stacked precariously posing a crushing hazard.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: An unannounced inspection was conducted on 2/1/22. At that time, the thirty day testing log was observed and showed that the testing of the system had not been conducted every thirty days. The date of testing ranged from 11/27/21-12/30/21, which is 33 days in between testing. Act 62 requires documentation of testing of the fire detection system every thirty days.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: An unannounced inspection was conducted on 11/9/21. At that time, the thirty day testing log was observed and showed that the last time testing of the system had been conducted was 9/10/21. Act 62 requires documentation of testing of the fire detection system every thirty days.

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

Regulation: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: Rep observed nap mats that had tears in the plastic covers exposing the inner foam.

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

Regulation: 3270.111(b)

Description: Posted in group space

Noncompliance Area: The written plan of daily activities is not posted in the 3 year old room.

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

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: Children #2, #7 and #8 do not have release persons' addresses on the emergency contact form. Child #7 also does not have the release person's phone number on the emergency contact form.

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(c)

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

Noncompliance Area: Children #3 and #6 have a office visit summary on file in place of a health report. They do not have a health report that was signed by a physician.

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)/3270.131(d)(8)

Description: Free from contagious/communicable disease/Age appropriate screenings complete

Noncompliance Area: Children #1, #2, #4, #5, #7 and #8 have health reports that do not contain statements that the child appears to be free from communicable disease and can participate in child care and have age appropriate screenings have been conducted since the last health report.

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. A health report shall include a statement that age-appropriate screenings recommended by the American Academy of Pediatrics were conducted since the time of the previous health report required by this section.

Regulation: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: Child #1 is 10 months of age and was over 6 months old and attending child care during the 2020-21 flu season but does not have a flu vaccine listed on the immunization record. Child #6 is 3 years old and attended child care during the 2020-21flu season but does not have a 2020-21 flu vaccine listed on his immunization record.

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: 3270.27(f)

Description: Emergency plan

Noncompliance Area: The facility emergency plan was not sent to the municipality, Berlin Twp but was sent to the Wayne County EMA.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Facility person #1 has previous & current clearances dated as follows: PSP: 12/21/15 & 2/1/21 Child: Abuse 12/21/15 & 2/1/21 FBI: 1/4/16 & 2/5/21 NSOR: 1/9/20 The PSP, child abuse and FBI clearances expired before new clearances were received. The director reports that facility person #1 did work in child care during the time between the previous clearances expiring and receiving the current clearances.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services).. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The smoke detector test log indicates that the detectors were last tested on 5/5/21 which is more than 30 days prior to today.

Correction Required: Fire detection devices or systems must be in compliance with standards established under the Act of July 14, 2020 (P.L. 639, NO. 62) (62 P.S. § 1016).The director or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3270.95(a) are met.

Noncompliance Area: On 10/23/20 the inspector arrived unannounced and met with staff #2 and staff #5 who both indicated that if a special treat is brought in for a birthday etc., and a child misbehaves the child is not allowed to have that specific treat but is given a different treat due to the misbehavior. Further staff #2 noted that Fruit Loops are provided only to children who help clean up and as a reward for good behaviors.

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

Noncompliance Area: On 10/23/20 the inspector arrived unannounced and observed the following staff, in direct care with children, and not wearing a mask; staff #1, staff #2 and staff #3 and staff #4 The 24 children in care were all in the toddler area, forgoing the social distancing recommendation from the CDC.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. Effective 7/17/20 the CDC Guidance outlined four Critical Elements for day cares that include critical planning and activities which should occur in child care settings to protect the health and safety of both children and staff. The first outlined critical component denotes; "Child care staff must wear face coverings indoors; they must also wear face coverings outside where staff are unable to maintain the 6-foot social distance, unless a medical reason prevents the staff from wearing a face covering. This includes anyone who has trouble breathing, is unconscious, incapacitated or otherwise unable to remove the face covering without assistance."

Noncompliance Area: While at the facility for the onsite physical inspection on 9/2/20 the inspector observed that the downstairs right wall (when entering from the rear of the building) had chipped paint along the bottom of the wall extending the length of the wall.

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

Noncompliance Area: While at the facility the inspector observed an infant asleep in a swing in the infant room for over 10 minutes. When asked if the child was going to be moved staff #3 and #4 noted he would not as he was sleeping.

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.Infants shall be placed in the sleeping position recommended by the American Academy of Pediatrics unless there is a medical reason an infant should not sleep in this position. The medical reason shall be documented in a statement signed by a physician, physician's assistant or CRNP and placed in the child's record at the facility.

Noncompliance Area: The inspector asked to view the emergency contact information for the school aged room and none could be provided.

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.