New Castle Community Y Daycare

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 #3 was observed to contain a health assessment dated 1/21/26 which was after date of hire (See LIS CODE SHEET). The health assessment for staff #4 did not contain a date of examination. Staff #5's most recent health assessment is dated 9/11/23 which is more than 24 months ago.

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: 3270.21

Description: General Health and Safety

Noncompliance Area: In room 201, the preschool room, there were adult scissors on a low teacher cabinet accessible to children.

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

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: Staff #5's file did not contain proof of emergency plan training within 90 days of hire(See LIS Code Sheet).

Correction Required: The operator shall assure that each facility person receives training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The operator shall document the date of each training and the names of all facility persons who received the training and kept on file at the facility.

Regulation: 3270.31(e)(4)(i)

Description: Age and Training

Noncompliance Area: Staff person #5 has not completed Pediatric first aid and CPR training on or before expiration of the most current certification. This is evidenced by the previously documented Pediatric first aid and CPR training on file expiring 9/2025. Documentation of updated Pediatric first aid and CPR training is not on file.

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. Until such time as the required training has been completed, staff person #5 must be supervised, when interacting with children at a minimum by, an AGS who has completed all preservice trainings and has all qualifications to care for children unsupervised. If there are no staff person(s) available to supervise staff person #5, staff person #5 may not work in a child-care position at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Staff # 1, 2, 3, and 4 files contained signed disclosures statements that were not the most up to date disclosure statements. Staff #3's file contained a DHS FBI clearance that the date was unable to be viewed.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 3 may not work in a child care position at the facility.

Regulation: 3270.37(b)/3270.192(2)(ii)

Description: Aide qualifications/Exp, educ., training prior to facility

Noncompliance Area: At the time of inspection the file for Staff person #4, classified as an Aide, did not include verification of a high school diploma or general educational development certificate; or a minimum of an 8th grade education and 2 years of child care experience prior to date of hire(See LIS Code Sheet).

Correction Required: An aide shall have attained one of the qualification levels specified in §3270.37(b)(1)-(3). A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In room 201, the preschool room, there was Mellow instant hand sanitizer on the low teacher cabinet which stated keep out of reach of children accessible to 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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The fire alarm testing log contained the of following dates 3/12/26-4/13/26 which are more than 30 days apart.

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: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: Child #1 and 2's most recent child service reports are dated 10/2025 which are more than 6 months after date of enrollment(See LIS Code Sheet).

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(c)

Description: Each child care space

Noncompliance Area: Two children were observed receiving care in room 202 the infant room without emergency contact information being in the child care space.

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.

Regulation: 3270.133(3)

Description: Name on bottle

Noncompliance Area: In room 202 the infant room there was Children's Zyrtec that did not have the child's name on the label of the medication and Moxifloxacin Ophthalmic Solution that was not in the box with the prescription and missing the child's name.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: In room 204 the toddler room there was Tylenol that had been given without written parental consent to administer.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.151(a)/3270.192(3)

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

Noncompliance Area: Staff #3's file contained an after-visit summary that is not acceptable as a staff health assessment.

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)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: Staff #3's Tb test was dated 10/9/25 which was after date of hire(See LIS Code Sheet).

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.171(c)

Description: Safe routes posted

Noncompliance Area: The drop-off and pick-up procedures were not posted in a conspicuous location in the child care facility.

Correction Required: Written notification of safe routes shall be posted by the operator at a conspicuous location in the child care facility.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: Staff #1's most recent emergency plan training was dated 1/29/24 which is more than 12 months ago. Staff #2's most recent emergency plan training was dated 8/27/24 which is more than 12 months ago.

Correction Required: The operator shall assure that each facility person receives training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The operator shall document the date of each training and the names of all facility persons who received the training and kept on file at the facility.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: The room 204 the toddler room there was a power strip that was plugged in sitting on top of a blue sensory table with plugs that did not have protective electrical covers accessible to children.

Correction Required: Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first aid kit in room 202 the infant room did not contain scissors, tweezers, and 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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In room 205 was a cracked green bin with sharp 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: 3270.133(3)

Description: Name on bottle

Noncompliance Area: In room 204 there was Child Motrin that did not contain the name of the child for whom the medication is intended.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: In room 202 there was an Epi-pen that did not have a log with written parental consent for administration.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.135(b)

Description: Surfaces cleaned

Noncompliance Area: In room 204 there was dirt and debris under the mat on the changing table.

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: 3270.151(a)/3270.192(3)

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

Noncompliance Area: Staff #1's file contained an initial health assessment dated 1/13/25 which was after their date of hire(See LIS Code Sheet).

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)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: Staff #1's file contained an initial TB test dated 1/13/25 which was after their date of hire(See LIS Code Sheet).

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.31(e)(4)(i)/3270.192(2)(iii)

Description: Age and Training/Exp, educ., training at facility

Noncompliance Area: The file for Staff person #1 includes verification of Pediatric First Aid/CPR training dated 7/9/25, after the expiration date of 4/2025. The file for Staff person #2 includes verification of Pediatric First Aid/CPR training dated 7/9/25, after the expiration date of 6/2025.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.66(b)

Description: Original container

Noncompliance Area: In room 204 the spray bottle that contained the sanitizing solution was not labeled.

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: 3270.67(d)

Description: Contaminated trash in closed plastic-lined receptacle

Noncompliance Area: In rooms 201 and 202 the trash cans that contained discarded food were not lidded.

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

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: In the gym the book bag that contained the first aid kit was sitting on the floor not locked accessible to children.

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

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first aid kit in room 201 was missing scissors. The first aid kit in room 202 was missing adhesive bandages(band aids).

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: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: In the pink bathroom a handwashing sign was missing from the left toilet stall.

Correction Required: A facility person and an able child shall wash his hands after toileting and before eating. A sign on which this requirement is written shall be posted at each toilet, training chair, diapering area and sink in the facility.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The fire alarm testing log contained the following dates 1/16/25-2/19/25, 2/19/25-3/25/25, 5/16/25-6/16/25, and 6/16/25-7/23/25 which are more than 30 days apart.

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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In the outside play area was a broken alligator see-saw that caused a pinch point. There were 13 exposed bolts on the gate to the outside play space.

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: 3270.102(c)

Description: Outdoor equip.- protective surfacing

Noncompliance Area: The outside play space had embedded equipment. The Director was unable to provide the ASTM letter to show compliance with the recommendations of the United States Consumer Product Safety Commission for the unitary playground protective surface covering.

Correction Required: Outdoor equipment that requires embedded mounting must be mounted over a loose-fill or unitary playground protective surface covering that meets the recommendations of the United States Consumer Product Safety Commission. The equipment must be anchored firmly and be in good repair.

Regulation: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: In room 201 a tall cabinet for dress up clothes was not attached to the wall making it unstable when touched. In room 205 the back of a metal chair was separating making it not in good repair.

Correction Required: Furniture must be durable, safe, easily cleaned and appropriate for the child's size, age and special needs.

Regulation: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: The rest equipment in room 204 was not labeled for the use of a specific child.

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: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: Child #1's file contains a child service report dated 12/14/23 which is more than 6 months ago. Child #3's file did not contain a child service report, the child has been enrolled more than 6-months(See LIS Code Sheet).

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)(6)

Description: Insurance coverage information

Noncompliance Area: Child #2's file did not contain the policy number for a child under a family policy or Medical Assistance benefits.

Correction Required: Emergency contact information must include health insurance coverage and policy number for a child under a family policy or Medical Assistance benefits, if applicable.

Regulation: 3270.131(a)/3270.182(1)

Description: Health information/Initial and subsequent health reports

Noncompliance Area: Child #1's initial health assessment is dated 12/10/21 which is more that 60 days after enrollment(See LIS Code 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: 3270.131(b)(1)/3270.181(c)

Description: Infant: updated health report every 6 months/Emergency info/agreement updated 6 mos

Noncompliance Area: Child #3's, an infant age child(See LIS Code Sheet), current health assessment is dated 4/24/24 which is more than 6 months ago.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler. A parent is required to review and update the emergency contact information and the financial agreement at least once in a 6-month period or as soon as there is a change in the information.

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: In room 204 three medications were expired: Hyland's Baby Mucus + Cold Relief Exp. 9/2024, Children's Tylenol Exp. 9/2024, and TopCare Children's Pain and Fever Exp 10/2024.

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label.

Regulation: 3270.151(c)(1)/3270.192(3)

Description: Physical examination/Health assessment, TB test

Noncompliance Area: Staff #1's file did not contain a health assessment.

Correction Required: An adult health assessment must include a physical examination. 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)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: Staff #1's file did not contain a TB test.

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.166(4)

Description: Bottles labeled

Noncompliance Area: In room 202 four infant bottles were not labeled with the child's name.

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

Regulation: 3270.171(a)

Description: Pick-up and drop-off points

Noncompliance Area: The operator last notified local traffic safety authorities in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the child care facility on 11/3/22 which is more than 12 months ago.

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

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: Staff #2's file did not contain two written nonfamily references.

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: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The facility did not have information posted for parents on how to access the regulations electronically and with instructions for contacting the appropriate regional child care office.

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: 3270.27(d)

Description: Plan posted

Noncompliance Area: The emergency plan was not posted in the facility at a conspicuous location.

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

Regulation: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The letter provided to the parent of each enrolled child explaining the emergency procedures did not include accommodations for infants, toddlers, children with disabilities and children with chronic medical conditions.

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: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: In room 201 a power strip under the TV with 3 uncovered outlets was on the ground accessible to children.

Correction Required: Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In room 205 on the cabinet by the far exit was Mellow instant hand sanitizer which stated keep out of reach of children was accessible to 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: In room 201 a trash can that that had been contaminated by human secretions did not have a lid on it. In the girl's bathroom the trash can that had a used, contaminated pull-up inside, did not contain plastic lining.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In room 204 there was damaged paint and plaster on the left-hand side of the room near the kid's kitchen set.

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

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: In room 204 a handwashing sign was missing on the diapering table. In the girl's bathroom a handwashing sign was missing above the sink on the left.

Correction Required: A facility person and an able child shall wash his hands after toileting and before eating. A sign on which this requirement is written shall be posted at each toilet, training chair, diapering area and sink in the facility.

Regulation: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In room 204 foam blocks with teeth mark were observed accessible to children who are still placing objects in their mouths.

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: 3270.124(c)

Description: Each child care space

Noncompliance Area: In room 201 the emergency contact information was not present in the child care space for one child that was receiving care.

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.

Regulation: 3270.133(2)

Description: Written instructions

Noncompliance Area: In room 202 prescription Nystatin ointment was observed with no prescription label or instructions for administration.

Correction Required: A staff person shall administer a prescription medication only if written instructions are provided from the individual who prescribed the medicine. Instructions for administration contained on a prescription label are acceptable.

Regulation: 3270.133(3)

Description: Name on bottle

Noncompliance Area: In room 202 it was observed that the name of the child from whom the medication is intended was missing from: Children's Tylenol, Hyland's Kids Cough and Mucus, and Nystatin ointment.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: In room 202 Nystatin ointment was observed to be expired on 1/24. In room 204 it was observed infants Tylenol expired 1/24, another infants Tylenol expired 12/23, and Motrin Infant Drops expired 8/23. This means that the expired medication was not stored in accordance with the manufacturer's or health professional's instructions on the original label.

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label.

Regulation: 3270.133(6)

Description: Written consent

Noncompliance Area: In room 202 it was observed that there was no log forms or parents written consent for these medications: Infant's Pain and Fever, Children's Motrin, and Nystatin Ointment. In room 204 it was observed that there was no log form or parent's written consent for these medication: Childrens Tylenol and Ventolin Hfa.

Correction Required: A parent shall provide written consent for administration of medication or a special diet.

Regulation: 3270.151(c)(3)

Description: Exam communicable disease

Noncompliance Area: Staff #1's Health assessment did not include an examination for communicable diseases and the results of that examination.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Staff #1, working as a group supervisor, had a file that did not contain a signed disclosure statement. Staff #2, working as a group supervisor, had a file that contained a Department of Education FBI clearance which is not accepted by DHS.

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 #2 may not work in a child care position at the facility.

Regulation: 3270.35(b)(1)/3270.192(2)(ii)

Description: Bachelor's/Exp, educ., training prior to facility

Noncompliance Area: Staff #1 who has been working as a group supervisor had a file that did not contain proof of education or experience prior to service at the facility(See LIS Code sheet).

Correction Required: A group supervisor shall have a bachelor's degree from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.36(b)(1)/3270.192(2)(ii)

Description: HS/GED + 30 credits/Exp, educ., training prior to facility

Noncompliance Area: Staff #3, who has been working as an assistant group supervisor, had a file that did not contain proof of education or experience prior to service at the facility(See LIS Code sheet).

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 30 credit hours from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: In the gym 2 electrical outlets covers were missing.

Correction Required: Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In room 204, the older toddler room, the cabinet under the diaper table was unlocked and accessible to children. The diaper table cabinet contain a tube of Triple paste, 2 tubes of butt paste, and a tube of Balmex Diaper Rash cream, all stated to 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: 3270.75(c)

Description: Has all items

Noncompliance Area: A first aid kit in room 201 was missing soap and disposable nonporous gloves.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility has not been testing the fire system every 30 days. They do have an annual fire test letter for testing, but this does not apply since they are the only legal entity in the building.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: **Per staff statements, there were at least 3 incidents of children eloping to other rooms, unsupervised. Staff #1 was transitioning children back into the classroom. Child #1, a young toddler, left the group without Staff #1's knowledge and went into the adjoining school age classroom. Child #1 was observed to be alone in the school age room and was immediately returned to her classroom. The child was unsupervised for approximately 3-5 minutes. Staff #2 was supervising 3 school age children and 1 young toddler, Child #1. Child #1 left the room, without the knowledge of Staff #2. Staff #3 was in the youth lounge with the preschoolers. Child #2, a preschooler, left the youth lounge without the knowledge of Staff #3 and followed an adult into the fitness center. A community member using the fitness center called the front desk to notify them that the child was in the gym. Child #2 was then returned to the child care.

Correction Required: **The legal entity will schedule and participate in onsite technical assistance regarding supervision, including supervision during transitions. The technical assistance will be provided by ELRC 3. The Director and all staff will participate. Documentation of the completed technical assistance will be provided to the OCDEL-DHS representative by email upon completion.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: *Per staff statements, there were at least 3 incidents of children eloping to other rooms, unsupervised. Staff #1 was transitioning children back into the classroom. Child #1, a young toddler, left the group without Staff #1's knowledge and went into the adjoining school age classroom. Child #1 was observed to be alone in the school age room and was immediately returned to her classroom. The child was unsupervised for approximately 3-5 minutes. Staff #2 was supervising 3 school age children and 1 young toddler, Child #1. Child #1 left the room, without the knowledge of Staff #2. Staff #3 was in the youth lounge with the preschoolers. Child #2, a preschooler, left the youth lounge without the knowledge of Staff #3 and followed an adult into the fitness center. A community member using the fitness center called the front desk to notify them that the child was in the gym. Child #2 was then returned to the child care.

Correction Required: *The legal entity shall require all staff persons at the facility to attend a 2 hour in person training regarding supervision, including supervision during transitions, presented by ELRC 3 within 1 month of the approval of this plan of correction. The training must be approved by the Department prior to implementation. Documentation of the completed training will be provided to the OCDEL-DHS representative by email upon completion. The training may count towards the mandatory 12 training hours required by the Department.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Per staff statements, there were at least 3 incidents of children eloping to other rooms, unsupervised. Staff #1 was transitioning children back into the classroom. Child #1, a young toddler, left the group without Staff #1's knowledge and went into the adjoining school age classroom. Child #1 was observed to be alone in the school age room and was immediately returned to her classroom. The child was unsupervised for approximately 3-5 minutes. Staff #2 was supervising 3 school age children and 1 young toddler, Child #1. Child #1 left the room, without the knowledge of Staff #2. Staff #3 was in the youth lounge with the preschoolers. Child #2, a preschooler, left the youth lounge without the knowledge of Staff #3 and followed an adult into the fitness center. A community member using the fitness center called the front desk to notify them that the child was in the gym. Child #2 was then returned to the child care.

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: Per staff statements, there were at least 3 incidents of children eloping to other rooms, unsupervised. Staff #1 was transitioning children back into the classroom. Child #1, a young toddler, left the group without Staff #1's knowledge and went into the adjoining school age classroom. Child #1 was observed to be alone in the school age room and was immediately returned to her classroom. The child was unsupervised for approximately 3-5 minutes. Staff #2 was supervising 3 school age children and 1 young toddler, Child #1. Child #1 left the room, without the knowledge of Staff #2. Staff #3 was in the youth lounge with the preschoolers. Child #2, a preschooler, left the youth lounge without the knowledge of Staff #3 and followed an adult into the fitness center. A community member using the fitness center called the front desk to notify them that the child was in the gym. Child #2 was then returned to the child care.

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: 3270.51

Description: Similar Age Level

Noncompliance Area: Per staff statements, there were at least 3 incidents of children eloping to other rooms, unsupervised. Staff #1 was transitioning children back into the classroom. Child #1, a young toddler, left the group without Staff #1's knowledge and went into the adjoining school age classroom. Child #1 was observed to be alone in the school age room and was immediately returned to her classroom. The child was unsupervised for approximately 3-5 minutes. Staff #2 was supervising 3 school age children and 1 young toddler, Child #1. Child #1 left the room, without the knowledge of Staff #2. Staff #3 was in the youth lounge with the preschoolers. Child #2, a preschooler, left the youth lounge without the knowledge of Staff #3 and followed an adult into the fitness center. A community member using the fitness center called the front desk to notify them that the child was in the gym. Child #2 was then returned to the child care.

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: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: Upon entering room 202 it was observed that there was not the 2 feet of space that is required on 3 sides of rest equipment that was being used.

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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: In room 201 during nap Staff #4 was sitting on the floor patting a child's back. Staff #4 was unable to see 2 other children that were asleep on cots due to shelves being in the line of sight in the middle of the room.

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: In room 202 it was observed that staff # 2 and #3 where present with 1 infant, 1 younger toddler, and 5 older toddlers. When Staff #2 and #3 were ask which children they were assigned to they said that they did not know who they were assigned to and that they just came in to give breaks. None of the children were assigned to a specific staff person.

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: Staff person #4 reported that there were times that they used their arm to hold a child down on their cot to prevent them from getting up.

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: 3270.119

Description: Infant sleep position

Noncompliance Area: Upon entering room 202 it was observed that an infant was sleeping in a baby rocking seat which is not the recommended position by the American Academy of Pediatrics.

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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #1 was observed to be caring for children unsupervised in room 204. Staff person #1 has not completed the following pre-service training required prior to caring for children unsupervised: Pediatric First Aid/ CPR

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children. Until such time as the required pre-service trainings are completed, staff person #1 must be supervised, when interacting with children, by an AGS 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.

Regulation: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: In room 204 a child was observed asleep on a cot that was obstructing a side exit(203 doorway) from the room.

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

Regulation: 3270.131(b)(2)/3270.182(1)

Description: Toddler/preschool: updated health report every 12 months/Initial and subsequent health reports

Noncompliance Area: The file for child #1 contains a health assessment that was updated late. The health assessment was due 6/2023 and obtained 8/2023.

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. 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 files for staff #5, #7, #9, and #10 contain health assessments that were renewed late or obtained late initially. #5 - due 11/2022 and obtained 12/2022; #7 - due 8/2023 and obtained 9/2023; #9 - due 9/2023 and obtained 10/2023; #10 due 10/22 and obtained 8/2023.

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)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: The files for staff #7, and #10 contain TB tests that were obtained late initially. #7 - due 8/2023 and obtained 9/2023; #10 due 10/22 and obtained 8/2023.

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.151(c)(5)/3270.192(3)

Description: Physician/CRNP assessment/Health assessment, TB test

Noncompliance Area: The files for staff #2 and #4 lack the physician's or CRNP's assessment of the person's suitability to provide child care.

Correction Required: An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care. 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: 3270.27(a)(6)

Description: Emergency plan

Noncompliance Area: The facility hasn't conducted an emergency drill annually.

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

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The files for staff #6 and #7 lack current emergency plan training. #6 was due 6/2023; #7 was due 11/21/23.

Correction Required: The operator shall assure that each facility person receives training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The operator shall document the date of each training and the names of all facility persons who received the training and kept on file at the facility.

Regulation: 3270.27(c)/3270.192(2)(iii)

Description: Training regarding plan/Exp, educ., training at facility

Noncompliance Area: The file for staff #8 contains emergency plan training that was obtained late. it was due 8/2020 and obtained 8/2023.

Correction Required: The operator shall assure that each facility person receives training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The operator shall document the date of each training and the names of all facility persons who received the training and kept on file at the facility. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(e)(4)(ii)/3270.192(2)(iii)

Description: Fire safety - 1 yr./Exp, educ., training at facility

Noncompliance Area: The file for staff #8 contains fire safety training that was obtained late. It was due 1/2021 and obtained 10/2023.

Correction Required: Staff persons shall participate, at least annually, in firesafety training conducted by a fire protection professional. Staff persons and volunteers shall receive training in maintenance of smoke detectors, the duties of facility persons during a fire drill and during a fire and the use of the facility's fire extinguishers, not including discharge of the fire suppressant agent. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(e)(4)(iv)/3270.115(a)(8)

Description: Water safety/Included in ratio/annual training

Noncompliance Area: The files for staff #2 and #4 lack water safety training. Staff #2 and #4 were observed supervising children during swimming.

Correction Required: Competence in water safety instruction is demonstrated by the completion of basic instruction in water safety from a certified lifeguard. A facility person who is counted in the staff-child swimming ratio shall annually complete water safety instruction.

Regulation: 3270.31(e)/3270.192(2)(iii)

Description: Age and Training/Exp, educ., training at facility

Noncompliance Area: The files for staff #6 (6/2022-6/2023) and #9 (10/2022-10/2023) lack an annual minimum of 12 clock hours of child care training.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of child care training. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #9 has not completed the following required pre-service training within 90 days of their date of hire or the date designated by the department. (see LIS code sheet): health and safety update.

Correction Required: Staff person(s) shall complete professional development in the topics of 3270.31(f) within 90 days of hire or the designated OCDEL required date. Staff person #9 will have until 1/23/24 to complete the required training. Until such time as the required training has been completed, staff person 9 must be supervised, when interacting with children, by an AGS who has completed the required training related to this citation. If there are no staff available to supervise staff person #9, staff person #9 may not work in a child-care position at the facility.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The file for staff #10 contains mandated reporter training that was obtained late. It was due 1/2023 and obtained 11/2023.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services).

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff #1 lacks a criminal clearance. The clearance was due 5/24/23.

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 #--- may not work in a child care position at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff #4 was provisionally hired incorrectly. The FBI clearance and the NSOR clearances were not requested prior to initial service in the child care setting.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The files for staff #3, #5, #7 contain clearances that were obtained or updated late: #3 - NSOR was due 11/1/23 and obtained 11/2/2023; #5 - criminal was due 6/25/23 and obtained 6/29/23, child abuse was due 6/25/23 and obtained 6/29/23, FBI was due 6/2/23 and obtained 7/11/23; #7 - criminal was due 8/21/23 and obtained 8/23/23, FBI was due 8/21/23 and obtained 8/22/23, NSOR was due 8/21/23 and obtained 10/13/23.

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: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The files for staff #8 and #9 contain evaluations that were competed late. #8 was due 8/2020 and was completed 12/2022; #9 was due 10/2022 and completed 12/2022.

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: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The files for staff #4 and #6 lack an annual evaluation. It was due 6/2023.

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: 3270.35(b)(1)/3270.192(2)(ii)

Description: Bachelor's/Exp, educ., training prior to facility

Noncompliance Area: The file for staff #6 lacks a bachelor's degree from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field.

Correction Required: A group supervisor shall have a bachelor's degree from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

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

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

Noncompliance Area: The file for staff #1 lacks a high school diploma to qualify her as an AGS.

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: 3270.115(a)(5)

Description: Staff:child ratios while swimming

Noncompliance Area: At approximately 10:30 am, 14 children between the ages of 3-5 years were swimming in the pool. When asked, facility person #2 identified 6 preschool age children, facility person #3 also identified 6 preschool age children and facility person #4 identified 4 preschool age children. Two children were identified twice.

Correction Required: The staff-child ratios while children are swimming are Infant 1:1; Young or older toddler 1:2; Preschool 1:5; Young school-age 1:6; Older school-age1:8.

Regulation: 3270.115(a)(6)

Description: Lifeguard training/supervision

Noncompliance Area: At approximately 10:25 am, facility person #1, identified as the lifeguard for the childcare facility, exited the pool area through a door to the hallway while 14 preschool children were swimming. At approximately 10:35, facility person #1 returned to their lifeguarding duty as the children were swimming in the pool.

Correction Required: When children are swimming, supervision shall include one person certified in lifeguard training, as described in § 3270.31(e)(4)(iii) (relating to age and training).