Ruiz Daycare

Regulation: 3280.113(a)/3280.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: Upon entry into the facility on 7.28.25 @ 1500, Staff Person #1 was directly observed that 1 infant, 2 older toddlers and 3 preschool aged children were in care and under supervised care. The infant and one of the older toddlers were sleeping in an adjacent room from where the Staff Person was located and serving a snack to the remaining 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. TIERED LIS: 1] Children must be supervised at all times. [Correction date must be immediate] 2] Provider agrees to periodic unannounced visits by DHS representative in order to monitor supervision and regulatory compliance for a period of 2 months. [The correction date for this portion of the plan shall be a minimum 2 months from the date the Regional Office approves the plan of corrections].

Regulation: 3280.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: Upon inspection of children's files, it was found that the Emergency Contact details for Child #1 and Child #2 did not include the address' and telephone contact details for the release person[s] designated by the parent.

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

Regulation: 3280.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: Upon inspection of the children's files, it was found that the health assessment on file for Child #1 dated 6.13.25 did not include a statement that the child is able to participate in childcare and appears to be free from contagious or communicable disease.

Correction Required: A health report shall include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Regulation: 3280.131(e)/3280.131(e)(3)

Description: ACIP recommended immunization record /Dismissal policy

Noncompliance Area: Upon inspection of the children's files it was found that the immunization record on file for Child #2 was missing one [or possibly two immunizations depending on the type of vaccination used by the pediatrician] for HIB AND was also missing one of four pneumococcal vaccinations for the child's listed age.

Correction Required: The facility may not accept or retain an infant 2 months of age or older, a toddler or a preschool child at the facility for more than 60 days following the first day of attendance at the facility unless the parent provides written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP. The facility shall implement dismissal policies in accordance with the Department of Health regulation in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).

Regulation: 3280.26(a)(6)

Description: Emergency plan

Noncompliance Area: Upon inspection of the required facility documents on file, it was found that the last record facility emergency drill was conducted on 1.10.24 [expired on 1.31.25].

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

Regulation: 3280.34(b)(5)

Description: HS/GED + 2 yrs

Noncompliance Area: Upon inspection of personnel files, it was found that Staff Person #1 file contained a diploma from Puerto Rico [non-translated & not evaluated for equivalency] and only .33 years of childcare experience verified. Staff Person #1 was observed to be acting in a primary staff person role.

Correction Required: A primary staff person shall have attained a high school diploma or a general educational development certificate and 2 years of experience with children.

Regulation: 3280.52(c)

Description: Mixed age levels

Noncompliance Area: Upon entry into the facility on 7.28.25 @ 1500, Staff Person #1 was directly observed that 1 infant, 2 older toddlers and 3 preschool aged children were in care and under supervised care.

Correction Required: When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements at §3280.52(b). TIERED LIS: 1] The required staff:child ratios must be maintained at all times. [The date of correction must be immediate]. 2] The legal entity must submit documentation in a format approved by DHS proving that the facility is maintaining the required staff:child ratios every 30 minutes. The legal entity will confirm continuing compliance by sending copies of the documentation to the Central Region Office on a weekly basis for a period of two months after DHS approves the documentation format.

Regulation: 3280.66(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: Upon inspection of the physical childcare spaces, it was found that one bottle of hand sanitizer was located in a child-accessible location in the Preschool/Older Toddler childcare space.

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

Regulation: 3280.105(f)

Description: 2 feet apart

Noncompliance Area: Upon inspection of each childcare space, it was observed in the infant/young toddler space that two cribs were in use and were only accessible from one side [2 feet of space]. In each case, one side was against a wall and the other two sides were directly against other cribs.

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: 3280.123(a)(3)

Description: Services proceeded

Noncompliance Area: Upon inspection of the children's files, it was found that the last Child Service Report on file for Child #1 - #4 was dated 10.13.23.

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

Regulation: 3280.14/3280.20

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Upon inspection of the facility emergency plan on file, it was found that plans for the continuation of operations were not included.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3280.171(a)

Description: Pick up and drop off points

Noncompliance Area: Upon inspection of the required facility documents on file, it was found that the facility had not submitted an annual written notification to local traffic safety authorities of the location of the facility and about the program's use of pedestrian and vehicular routes around the group childcare facility.

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

Regulation: 3280.192(5)

Description: Two written references

Noncompliance Area: Following a review of the personnel files, it was found that Staff Person #2 had 1 written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3280.26(e)

Description: Letter to parents

Noncompliance Area: Upon inspection of the facility emergency plan and associated documents, it was found that a letter explaining the emergency procedures had not been created or distributed to parents.

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

Regulation: 3280.31(e)

Description: Age and training

Noncompliance Area: Following a review of the personnel files, it was found that Staff Person #1 had completed 8/12 hours of annual training.

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

Regulation: 3280.95(a)/3280.95(b)

Description: FIRE DETECTION/Staff responsibility

Noncompliance Area: Upon inspection of the facility fire safety logs, it was found that tests of the smoke detection devices were conducted on the following dates, which exceeded the maximum of 30-days between required tests: 7.24.23 - 8.24.23 [31 days]; 9.22.23 - 10.23.23 [31 days]; 12.22.23 - 1.22.24 [31 days]; 1.22.24 - 2.22.24 [31 days]; 3.22.24 - 4.22.24 [31 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 primary staff person or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in subsection (a) are met.

Regulation: 3280.14/3280.20

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #1 was observed to be caring for children unsupervised. Staff person #1 has not completed the following pre-service training required prior to caring for children unsupervised: Pediatric First Aid/CPR with a PQAS approved trainer. Staff person #2 was observed to be caring for children unsupervised. Staff person #2 has not completed the following pre-service training required prior to caring for children unsupervised: Health and Safety training topics update 2022. Staff person #3 was observed to be caring for children unsupervised. Staff person #3 has not completed the following pre-service training required prior to caring for children unsupervised: Pediatric First Aid/CPR; Health and Safety training topics 2023; Mandated Reporter training.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children. Until such time as the required pre-service trainings are completed, staff person #1 must be supervised, when interacting with children, by an (primary staff person) who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #1, staff person #1 may not work in a child-care position at the facility. A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children. Until such time as the required pre-service trainings are completed, staff person #2 must be supervised, when interacting with children, by an (primary staff person) who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #2, staff person #2 may not work in a child-care position at the facility. A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children. Until such time as the required pre-service trainings are completed, staff person #3 must be supervised, when interacting with children, by an (primary staff person) who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #3, staff person #3 may not work in a child-care position at the facility.

Regulation: 3280.151(a)/3280.192(3)

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

Noncompliance Area: Upon inspection of the childcare spaces, it was observed at 1023 that Staff Person #3 was caring for children [unsupervised] in the infant childcare space AND at 1120 was preparing food for the children in care and did not have a current health assessment or TB test on file.

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

Regulation: 3280.192(2)(ii)/3280.192(2)(iv)

Description: Exp, educ., training prior to facility/Transcript, diploma and letters

Noncompliance Area: Upon inspection of the files for Staff person #3, it was found that no verification of childcare experience, education and training prior to service at the facility, nor was there any transcript or diploma verifying education on file.

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

Regulation: 3280.192(4)

Description: CPSL information

Noncompliance Area: Upon inspection of files, it was found that the file for Staff person #3 did not contain a copy of the CPSL disclosure statement.

Correction Required: 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: 3280.192(5)

Description: Two written references

Noncompliance Area: Upon inspection of files, it was found that the file for Staff person #3 did not include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3280.31(f)

Description: Age and training

Noncompliance Area: Staff person #2 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): .Health and Safety Training topics update 2022. Staff person #1 has acceptable pediatric first aid/CPR training in an approved curriculum; however, the trainer has not provided documentation that they are PQAS-certified in that training topic.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10. Staff person(s) shall complete professional development in the topics of 3280.31(f) (1-10) within 90 days of hire. Staff person #2 will have until 7.27.23 to complete the required training. Until such time as the required training has been completed, staff person #2 must be supervised, when interacting with children, by an (primary staff person) who has completed the re quired training related to this citation. If there are no staff available to supervise staff person #2, staff person #2may not work in a child-care position at the facility. Staff persons shall complete professional development in the topics of 3280.31(f) (10) within 90 days of hire. Staff person #1 must receive pediatric first-aid/CPR training in an approved curriculum by a PQAS-certified trainer. Until such time as the correction is implemented, staff person #1 must be supervised, when interacting with children, by an (primary staff person) who has completed the required training related to this citation. If there are no staff available to supervise staff person #1, staff person #1 may not work in a child-care position at the facility.

Regulation: 3280.52(c)

Description: Mixed age levels

Noncompliance Area: Upon inspection of the physical site area, it was observed at 1110 that Staff person #1 was the only staff person in ratio within the infant childcare space and five children were in care [2 Infant and 3 Young toddlers].

Correction Required: When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements at §3280.52(b). IF USING TIERED LIS: The required staff:child ratios must be maintained at all times.

Regulation: 3280.52(c)

Description: Mixed age levels

Noncompliance Area: Upon inspection of the physical site area, it was observed at 1110 that Staff person #1 was the only staff person in ratio within the infant childcare space and five children were in care [2 Infant and 3 Young toddlers].

Correction Required: When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements at §3280.52(b). IF USING TIERED LIS: The required staff:child ratios must be maintained at all times. The legal entity must submit documentation in a format approved by DHS proving that the facility is maintaining the required staff:child ratios at all times. The legal entity will confirm continuing compliance by sending copies of the documentation to the Central Region Office on a weekly basis for a period of three months after DHS approves the documentation format.

Regulation: 3280.63

Description: Unsafe Areas in Outdoor Space

Noncompliance Area: Upon inspection of the outdoor play space, it was found that multiple small choke hazard objects were on the ground and accessible to infants and young toddlers within the space designated for their use.

Correction Required: If unsafe areas or conditions are in or near an outdoor play space, fencing or natural barriers are required to restrict children from those unsafe areas or conditions.

Regulation: 3280.94(a)(5)

Description: Evacuation routes posted

Noncompliance Area: Upon inspection of the physical site area, it was found that no evacuation routes were posted in visible locations within the childcare space.

Correction Required: The primary staff person or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that evacuation routes are posted in a conspicuous location on each floor of the facility.

Regulation: 3280.124(e)

Description: Written emergency plan posted

Noncompliance Area: Upon inspection of each of the two child care spaces, it was found that a written plan identifying the means of transporting a child to emergency care and staffing provisions in the event of an emergency was not visible or posted in any location.

Correction Required: A written plan identifying the means of transporting a child to emergency care and staffing provisions in the event of an emergency shall be displayed conspicuously in every child care space and shall accompany a staff person who leaves on an excursion with children.

Regulation: 3280.131(b)(2)

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

Noncompliance Area: Upon inspection of the children's files, it was found that child #2 health assessment was dated 7.15.21 and was therefore expired.

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: 3280.171(a)

Description: Pick up and drop off points

Noncompliance Area: Upon inspection of the facility's files, it was found that the operator had not notified local traffic safety authorities in writing of the location of the facility and about the program's use of pedestrian and vehicular routes around the facility in 2022.

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

Regulation: 3280.26(a)(6)

Description: Emergency plan

Noncompliance Area: Upon inspection of the facility's Emergency plan documents, it was found that an emergency drill had not been conducted in 2021 or 2022 [to date].

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

Regulation: 3280.31(f)

Description: Age and training

Noncompliance Area: Staff person #1 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): Health and Safety Training topics. Staff person #2 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): Health and Safety Training topics.

Correction Required: Staff persons shall complete professional development in the following topics within 90 days of hire: Staff person(s) shall complete professional development in the topics of 3280.31(f) (1-10) within 90 days of hire. Staff person #1 will have until 8.11.22 to complete the required training. Until such time as the required training has been completed, staff person #1 & #2 must be supervised, when interacting with children, by an (AGS, primary staff person, or family child care home staff person) who has completed the required training related to this citation. If there are no staff available to supervise staff person #1 & #2, staff person #1 & #2 may not work in a child-care position at the facility.

Regulation: 3280.32(a)/3280.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file of facility person #1 does not contain a DHS required FBI clearance [DOE clearance present]. The file of facility person #2 does not contain a DHS required FBI clearance [DOE clearance present]. The file does not contain copies of request(s) for the clearances/verification required for provisional hiring under the CPSL.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Facility person #1 and #2 must be removed from a child care position by the close of business [7.19.22].

Regulation: 3280.95(a)

Description: FIRE DETECTION

Noncompliance Area: Upon inspection of the facility's fire safety logs, it was found that tests of the alarm were conducted on the following dates: 12.22.21, 1.24.22, 2.18.22, 3.20.22, 4.14.22, 5.6.22, 6.10.22. Therefore the 30 day testing threshold was exceeded on several occasions.

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. §  1016(c)).

Regulation: 3280.124(b)(4)/3280.182(3)

Description: Written consent/Consent for emergency medical care required prior to admission

Noncompliance Area: Upon inspection of the children's files, it was found that the record for Child #2 did not contain signed parental consent for emergency medical care for the child.

Correction Required: Emergency contact information must include the written consent signed by a parent for emergency medical care. A child's record must contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission.

Regulation: 3280.131(d)(5)/3280.131(e)

Description: Immunization record/ACIP recommended immunization record

Noncompliance Area: Upon inspection of the children's files, it was found that the immunization record for child #1 did not contain a current influenza vaccination [2019] in accordance with the recommendations of the ACIP.

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

Regulation: 3280.134(a)

Description: Child's hands washed

Noncompliance Area: During inspection of the physical site, it was observed that children were having their diapers changed and were returning to play without washing their hands.

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: 3280.152

Description: Adult Hygiene

Noncompliance Area: During inspection of the physical site, it was observed that children were having their diapers changed and the facility person did not wash her hands before contacting the next child for a diaper change.

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

Regulation: 3280.182(5)

Description: Consent for administration of minor first-aid required prior to admission

Noncompliance Area: Upon inspection of the children's files, it was found that the record for Child #2 did not contain signed parental consent for administration of minor first-aid procedures by facility staff.

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

Regulation: 3280.32(a)/3280.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file of facility person #1 hired 5.3.21 does not contain a valid PA child abuse [volunteer 9.11.20], a valid PA State Police Criminal [volunteer 4.8.21] or a DHS required FBI clearance [DOE 4.23.21]. The LE does not have an approved waiver to hire provisionally.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Facility person #1 must be removed from a child care position by the close of business.