M K B S Over The Rainbow Day Care Center

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Two children were playing out of the sight of staff, when a window that was leaning against the wall, fell scratching one of 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.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: Staff 1, Staff 2 and Staff 3 confirmed that the metal framed window was able to be removed from its wall placement and was propped up against the connecting wall to the office at the time of the incident.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: At the time of the inspection, Staff 1 did not have proof of the required child abuse clearance on file.

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

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff 1 did not have proof of the required 1-hour Health and Safety training update, on file at the time of the inspection, and was past their 90 days.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.107

Description: Refrigerator

Noncompliance Area: Certification rep observed refrigerator thermometer temperature read above 40 degrees in the refrigerator in the pre-k 3 classroom.

Correction Required: A facility shall have an operable, clean refrigerator used to store potentially hazardous foods. The refrigerator shall be capable of maintaining food at 45° F or below. An operating thermometer shall be placed in the refrigerator.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: Certification rep reviewed children #1, #2, #6 and #7 record and observed date of review from parent is missing on the child service report.

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

Regulation: 3270.123(a)(4)

Description: Arrival/departure times

Noncompliance Area: Certification rep reviewed child #3 record and observed the child's arrival and departure times missing on the fee agreement form.

Correction Required: An agreement shall specify the child's arrival and departure times.

Regulation: 3270.123(a)(6)/3270.182(2)

Description: Admission date/Application, admission, withdrawal dates

Noncompliance Area: Certification rep reviewed children #1, #2, #3, #4, #5, #6, #7 and #8 record and observed date of admission is missing in record.

Correction Required: An agreement shall specify the date of the child's admission. A child's record shall contain the dates of application, admission and withdrawal of the child.

Regulation: 3270.123(a)/3270.123(a)(1)

Description: Signed /Amount of fee

Noncompliance Area: Certification rep reviewed child #3 record and observed fee to be charged per day or per week missing on the fee agreement form. Certification rep reviewed child #4 record and observed parent signature was missing on the agreement form.

Correction Required: An agreement shall be signed by the operator and the parent. An agreement shall specify the amount of the fee to be charged per day or per week.

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: Certification rep reviewed Child #7 record and observed the name, address and telephone number of the child's physician or source of medical care missing on the emergency contact form. Certification rep reviewed child #5 record and observed telephone number of the child's physician or source of medical care missing on the emergency contact form.

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

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: Certification rep reviewed Child # 1 and #3 records and observed home telephone number is missing on the emergency contact form. Child #4 is missing business name, address and home telephone number on the emergency contact form. Child #7 and #8 business name, address, business telephone number and home telephone number on the emergency contact form.

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

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Certification rep reviewed the providers emergency plan and observed the "continuity of operations" section is missing in the emergency plan.

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

Regulation: 3270.166(4)

Description: Bottles labeled

Noncompliance Area: During renewal inspection certification rep observed infant bottles not labeled with the child's name in the infant classroom.

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

Regulation: 3270.182(4)

Description: Consent for administration of medications or special dietary needs

Noncompliance Area: Certification rep reviewed children #3, #6, #7 and #8 record and observed signed parental consent for administration of medications or special dietary needs missing on the emergency contact form.

Correction Required: A child's record shall contain signed parental consent for administration of medications or special dietary needs.

Regulation: 3270.182(6)

Description: Signed parental consent for transportation, walking excursions, swimming and wading

Noncompliance Area: Certification rep reviewed children #1, #2, #4, #5, #6, #7 and #8 record and observed parental consent for swimming and wading is missing on the emergency agreement forms.

Correction Required: A child's record shall contain signed parental consent for transportation, walking excursions, swimming and wading.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: Certification rep reviewed staff #1 and #2 are missing one reference letter on record.

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

Regulation: 3270.31(a)/3270.51

Description: Age and Training/Similar Age Level

Noncompliance Area: Certification rep observed staff # 3 working with staff #4 a volunteer 15 years of age with total of 21 children, age of the youngest child 5 years of age at the time of inspection.

Correction Required: A volunteer shall be 16 years of age or older and shall be directly supervised at all times by a staff person. 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: 3270.31(e)(4)(i)/3270.31(f)(10)

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

Noncompliance Area: Certification rep reviewed staff #2, #5, #6 and #7 #8 record and observed Pediatric first aid and CPR certificate on record is not from an approved PQUAS trainer. Staff #2 date of hire: 6/6/22, Staff #5 date of hire 6/20/22, staff #6 date of hire: 5/16/22, staff #7 date of hire: 1/27/22. Staff #8 date of hire 7/1996.

Correction Required: Competence is the completion of training by a professional in the field of first-aid and cardiopulmonary resuscitation (CPR). All staff persons shall renew their certification in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) on or before the expiration of the most current certification. Staff persons shall complete professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days of hire.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Certification rep reviewed staff #2 file and observes Staff #2 did not complete Pediatric First Aid and CPR training within 90 days of hire from a PQUAS certified instructor; date of hire: 6/6/22.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.66(b)

Description: Original container

Noncompliance Area: During renewal inspection, certification rep observed cleaning solution left out accessible to the children on top of sink in the 1-year-old and 2-year-old room.

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 stored away from food, food preparation areas and child care spaces.

Regulation: 3270.113(b)/3270.113(c)

Description: No physical punishment /No ridicule or threaten harm

Noncompliance Area: Per a video submitted by the facility operator, staff #1 was observed hitting the face of a facility child in their care

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

Noncompliance Area: At the time of inspection, staff #1 was observed taking three facility children to the restroom. Facility child #1 was observed leaving the restroom, walking down the hallway and walking to the facility playground unsupervised.

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.

Noncompliance Area: When asked at the time of inspection, staff #1 and #2 did not /could not identify the facility children in their groups.

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.

Noncompliance Area: At the time of inspection on 5/20/19, staff #1 was observed looking down on their cell phone and not watching the children while they were playing on the facility outdoor play space.

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: Children must be supervised at all times.

Noncompliance Area: The emergency contact information for facility child #2 did not have signed permission for minor first aid at the time of inspection on 4/22/19.

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

Noncompliance Area: At the time of inspection on 4/22/19, the bottle for facility child #1 was not labeled for individual use.

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

Noncompliance Area: The file for staff #1 did not have written proof of complying with all CPSL requirements at the time of inspection on 4/22/19.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). SAFETY PLAN: The operator is required to submit to the Children and Youth Agency a plan of supervision or alternate arrangement as required by the Child Protective Services Law. LACKING REQUIRED HIRING DOCUMENTS: Facility Person # -- may not work in a child care position at the facility. PROVISIONAL HIRE UNSUPERVISED: A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person #--- may not work in a child care position at the facility.

Noncompliance Area: When measured with a themoneter during the inspection on 4/22/19. The water temperature at the sinks in the infant and toddler classrooms was 122 and 130 degrees; respectively.

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

Noncompliance Area: Staff smacked child on the arm.

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