Liberty Tree Of Learning Center Llc

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In the PreK room, a purple plastic bin containing children's toys was observed to be cracked and not in good repair. In the Early Preschool room, a plastic lid on a bin that contained children's toys was observed to be cracked with sharp edges and was not in good repair.

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: The emergency contact form in the file for child #1 did not contain documentation of the enrolling parents work telephone number.

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

Regulation: 3270.151(a)/3270.192(3)

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

Noncompliance Area: The file for staff person #1 contained documentation of a health assessment that was conducted on 4/1/24 but was after the staff persons date of hire.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.151(c)(2)

Description: Mantoux TB

Noncompliance Area: The file for staff person #1 contained documentation of a TB screening dated 4/1/24 but was after the staff persons date of hire.

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.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Based on staff statements, individual children have been permitted to leave the classroom with therapist and go into another room without a staff present. The child did not have written permission to be released to the therapist.

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

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: Based on staff statements and child file review, individual children have been permitted to leave the classroom with therapist and go into another room without a staff present. The child did not have written permission to be released to the therapist.

Correction Required: Each staff person shall be assigned the responsibility for supervision of specific children. The staff person shall know the names and whereabouts of the children in his assigned group. The staff person shall be physically present with the children in his group on the facility premises and on facility excursions off the facility premises.

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: On January 27th at approximately 10:25am, 2 children were observed to be buckled into toddler chairs during structured activity time, while 5 other children in the room were able to move, stand, and sit without restriction.

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: 3270.51

Description: Similar Age Level

Noncompliance Area: Based on staff statements, individual children have been permitted to leave the classroom with therapist and go into another room without a staff present. The child did not have written permission to be released to the therapist.

Correction Required: When children are grouped in similar age levels, the following maximum child group sizes and ratios of staff persons apply: Infants 1:4 with a maximum group size of 8; Young toddlers 1:5 with a maximum group size of 10; Older toddlers 1:6 with a maximum group size of 12; Preschool children 1:10 with a maximum group size of 20; Young school-age children 1:12 with a maximum group size of 24; Older school-age children 1:15 with a maximum group size of 30.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: A green basket on the shelf in the circle time area of the Pre-K classroom was broken and exposed the children to rough edges.

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

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file of child #1, enrolled for more than 12 months (see coded LIS sheet), contained a Child Service Report to provide information to the family about the child's growth and development dated 11/2023 but did not contain any Child Service Reports within the prior 6 months.

Correction Required: The services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in § 3270.124(f) (relating to emergency contact information).

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact form of child #2 did not contain the address of a release person designated by the parent to whom the child may be released.

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

Regulation: 3270.131(b)(2)

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

Noncompliance Area: The health assessment of child #1, identified as a preschool age child, was dated 3/16/2022 with an updated health assessment dated 12/28/2023, which exceeded 12 months.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: "Bic Cover-Up" correction liquid was in an unlocked drawer in an unlocked cabinet accessible to children in the Pre-K classroom.

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: 3270.92(b)

Description: Fixed space heater approved

Noncompliance Area: The Preschool 2's and 3's and the Preschool 3's and 4's classrooms each had a fixed space heater but did not have written approval of the installation and written approval for use on file at the facility.

Correction Required: A fixed space heater shall be approved for use by a local firesafety professional. Written approval of the installation and written approval for use shall be on file at the facility.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Documentation of testing of the fire detection system was dated 7/25/2023 with the next test being 9/19/2023 which exceeded 30 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: 3270.131(a)/3270.182(1)

Description: Health information/Initial and subsequent health reports

Noncompliance Area: The file of child #1 did not contain an initial health assessment within 60 days of their first day in care (see coded LIS sheet).

Correction Required: The operator shall require the parent of an enrolled child, including a child, a foster child and a relative of an operator or a facility person, to provide an initial health report no later than 60 days following the first day of attendance at the facility. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.161(d)

Description: Potentially hazardous food refrigerated

Noncompliance Area: In the Pre-K 4's and 5's classroom, lunch bags were seen in the children's backpacks and cubbies. Upon discussion with facility person #1, it was stated the families are required to have an ice pack to ensure potentially hazardous food remained cold and they were not placed in the refrigerator. The Early Preschool 3's and 4's classroom also contained children's lunch bags on a shelf by the door. All lunch bags were immediately placed int he refrigerator.

Correction Required: Potentially hazardous food brought from the child's home or provided by the facility shall be refrigerated.

Regulation: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The facility did not provide the parent of each child enrolled with information on how to access Chapter 3270 regulations electronically.

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

Regulation: 3270.66(e)

Description: Arts and crafts non-toxic

Noncompliance Area: The Early Preschool 3's & 4's and Preschool 2's & 3's each contained 2 cans of Barbasol shaving cream labeled "keep out of the reach of children." The Barbasol was said to be used as an art material when discussed with facility person #1.

Correction Required: Arts and crafts materials shall be nontoxic.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first aid kit in the Early Preschool 3's & 4's did not contain soap.

Correction Required: A first-aid kit must contain the following: soap, an assortment of adhesive bandages, sterile gauze pads, tweezers, tape, scissors and disposable, nonporous gloves.

Regulation: 3270.94(a)(1)

Description: Every 60 days

Noncompliance Area: Documentation of consecutive fire drills dated 6/16/2022 and 8/18/2022 exceeded 60 days.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Documentation of the testing of the fire detection system exceeded 30 days on the following occasions: 7/14/2022 to 8/18/2022 to 9/27/2022.

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(f)

Description: 2 feet apart

Noncompliance Area: During naptime, observed in the toddler room, less than 2 feet of space on three sides of a pack 'n' play, where a toddler was napping.

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: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The Emergency Contact Forms in the files for Child #3 and #4 did not include the work addresses and phone numbers for the enrolling parents.

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

Regulation: 3270.131(e)(1)/3270.182(1)

Description: Exemption documentation from parent/guardian/Initial and subsequent health reports

Noncompliance Area: The most recent immunization records in the files for Child #1, #2 and #3 did not include documentation of a flu shot administered within the past 12 months or a letter of exemption from the parent or physician.

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

Regulation: 3270.151(a)/3270.192(3)

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

Noncompliance Area: The initial health assessment in the file for Staff Person #2 was conducted after the staff person's first day working in child care.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.31(f)(10)/3270.192(2)(iii)

Description: Health and Safety Training - Pediatric First Aid and CPR/Exp, educ., training at facility

Noncompliance Area: The CPR/First Aid Certifications in the files for Staff Persons #1, 2 and 3 did not specify that the training was pediatric.

Correction Required: Staff persons shall complete professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days of hire. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for Staff Person #3, who had lived in Ohio within the past five years, did not include the required Ohio 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. Facility Person #3 may not work at the facility.

Regulation: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: During naptime, a child was napping on a cot in front of the exit doors in the Preschool Room.

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