Pocono Mountain Kids Village Llc

Regulation: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: A renewal inspection occurred at the facility. A physical site review was conducted. In the outdoor play area, four chairs with cracked seats were found.

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

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: A renewal inspection occurred at the facility. A review of children's files was conducted. Regulation requires child service reports to be done on children every 6-months. The following children did not have child service reports conducted at least every 6-months: Child #2 (previous 5/10/24, current 4/15/25) and Child #3 (current 4/30/25).

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

Regulation: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: A renewal inspection occurred at the facility. A review of staff files was conducted. Regulation requires staff to participate in annual fire safety training. Staff # 4 did not participate in annual fire safety training (previous 1/11/24, current 2/13/25).

Correction Required: Staff persons shall participate, at least annually, in fire safety 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.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: A renewal inspection occurred at the facility. A review of staff files was conducted. Staff #1 has not completed mandated reporter training within the last 60 months. This is evidenced by the previously documented mandated reporter training on file being dated 6/4/25. Staff #1 completed the training on 6/6/25.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Until such time as the required pre- service trainings are completed, staff person #1 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 #1, staff person #1 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: A renewal inspection occurred at the facility. A review of staff files was conducted. The CPSL requires staff to update their clearances at least every 60 months. The following staff did not update their clearances at least every 60 months: Staff #1 (NSOR previous 2/25/20, current 6/3/25), Staff #2 (NSOR previous 2/25/20, current 6/3/25) and Staff #3 (NSOR previous 2/25/20, current 6/4/25).

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 #1, #2 and #3 may not work in a child care position with direct contact with children at the facility.

Regulation: 3270.76/3270.77(a)

Description: Building Surfaces/No peeling paint or plaster

Noncompliance Area: A renewal inspection occurred at the facility. A physical site review was conducted. The following classrooms contained baseboard heaters that were rusty: Room 103 Pre-K/SA, Room 105 Toddlers and the Infant Room. Children were observed receiving care in these rooms and having access to the rusty baseboard heaters. The following areas contained peeling paint: Infant Room and the Indoor Gym. All these areas were identified and discussed with the director at the time of the inspection.

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

Regulation: 3270.166(1)

Description: Written statement

Noncompliance Area: A renewal inspection occurred at the facility. A review of children's files was conducted. See the code sheet for the date of birth. Regulation requires a written statement giving the formula and feeding schedule for an infant shall be obtained from the parent. Child #1 did not have this statement in the file at the time of the inspection.

Correction Required: A written statement giving the formula and feeding schedule for an infant shall be obtained from the parent.

Regulation: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: A renewal inspection occurred at the facility. A review of staff files was conducted. Regulation requires staff to participate in annual fire safety training. The following staff did not participate in annual fire safety training: Staff #1 (previous 9/26/23, current 10/2/24) and Staff #2 (previous 9/30/23, current 12/10/24).

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.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: A renewal inspection occurred at the facility. A review of staff files was conducted. See the code sheet for the date of hire. The CPSL requires staff to have an official child abuse clearance on file to be hired as a provisional hire. Staff # 3 was hired as a provisional hire but did not receive a child abuse clearance until 12/12/24. Staff #3 worked in the facility prior to obtaining this child abuse clearance.

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: 3270.102(g)

Description: Hazardous toys and equipment

Noncompliance Area: A renewal inspection occurred at the facility. A physical site review was conducted. In the infant/toddler room, a Bumbo seat was found that did not include the required safety straps.

Correction Required: Children's toys and equipment, including furniture and rest equipment, described as hazardous by the United States Consumer Product Safety Commission may not be used by children at the facility and may not be on the premises at the facility. At the time of inspection, the operator shall submit to the Department written affirmation on a form provided by the Department stating that the facility is in compliance with this requirement.

Regulation: 3270.133(2)

Description: Written instructions

Noncompliance Area: A renewal inspection occurred at the facility. A physical site review was conducted. In the SA/PreK room, medication for Virain was found and did not contain a prescription label for who the medication was intended for and how to administer the medication.

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: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A 24-second recorded video of an incident that occurred on 5/29/24 was viewed. Staff #1 is holding both upper arms of Child #1 and they are facing each other. Child #1 eventually breaks away but appears to go after Staff #1. Staff #1 pushes the child away and yells. Staff #1 then bends over to get to the level of Child #1, yells and grabs the child's left forearm near her elbow. Child #1 tries to pull away several times while screaming/crying. During one of the attempts to get away, Child #1 twists to the left and falls to the ground while Staff #1 is still holding the child's arm. Staff #1 eventually releases the child's arm. Child #1 is left kneeling on the ground upset. Staff #1 goes back to Child #1 after tending to another child and tells Child #1 to go sit on the bench. Child #1 does not comply. Staff #1 then grabs both upper arms of Child #1 again, picks the child up off the ground in the same holding grip and forcefully puts the child on the bench. Child #1 is heard hitting the bench with their butt and is forcefully bent over into a V-shape with their upper body and legs with Staff #1 still gripping the child. Child #1 is viewed screaming, crying and trying to get away. Staff #1 eventually releases the child from this grip but proceeds to place their left arm across Child #1's body while sitting down to the right side of the child and placing the hand of Staff #1 on the left leg of Child #1. Child #1 is viewed screaming, crying and trying to get away. Staff #1 then uses more of his arm to force the body of Child #1 to be pinned to the back of the bench. The video eventually cuts off with Staff #1 and Child #1 still in this position.

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

Regulation: 3270.113(b)/3270.113(e)

Description: No physical punishment /Restraints prohibited

Noncompliance Area: A 24-second recorded video of an incident that occurred on 5/29/24 was viewed. Staff #1 is holding both upper arms of Child #1 and they are facing each other. Child #1 eventually breaks away but appears to go after Staff #1. Staff #1 pushes the child away and yells. Staff #1 then bends over to get to the level of Child #1, yells and grabs the child's left forearm near her elbow. Child #1 tries to pull away several times while screaming/crying. During one of the attempts to get away, Child #1 twists to the left and falls to the ground while Staff #1 is still holding the child's arm. Staff #1 eventually releases the child's arm. Child #1 is left kneeling on the ground upset. Staff #1 goes back to Child #1 after tending to another child and tells Child #1 to go sit on the bench. Child #1 does not comply. Staff #1 then grabs both upper arms of Child #1 again, picks the child up off the ground in the same holding grip and forcefully puts the child on the bench. Child #1 is heard hitting the bench with their butt and is forcefully bent over into a V-shape with their upper body and legs with Staff #1 still gripping the child. Child #1 is viewed screaming, crying and trying to get away. Staff #1 eventually releases the child from this grip but proceeds to place their left arm across Child #1's body while sitting down to the right side of the child and placing the hand of Staff #1 on the left leg of Child #1. Child #1 is viewed screaming, crying and trying to get away. Staff #1 then uses more of his arm to force the body of Child #1 to be pinned to the back of the bench. The video eventually cuts off with Staff #1 and Child #1 still in this position.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs. For a period of 3 months, the facility shall have no occurrences of non-compliance related to physical discipline or restraints of children. The operator shall demonstrate compliance on unannounced visits over the next 3 months.

Regulation: 3270.113(d)

Description: No harsh language

Noncompliance Area: A 24-second recorded video of an incident that occurred on 5/29/24 was viewed. Staff #1 was observed holding Child #1 by the arm. At the same time, the staff got near to the child's face level, raising their voice and spoke loudly with a harsh tone in the face of Child #1. Child #1 was observed crying, upset. and trying to get away, but Staff #1 continued to speak to the child with harsh tones in his voice.

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

Regulation: 3270.19(a)/3270.19(b)

Description: Required to report/Child abuse reporting

Noncompliance Area: During interviews related to an incident that occurred on 5/29/24, multiple staff had repeated concerns about the inappropriate and aggressive physical interactions Staff #1 had with children during the staff's employment. Staff indicated that they expressed these concerns with the Director, but did not report these concerns to ChildLine until 5/29/24.

Correction Required: An operator or a staff person who has reason to believe that a child enrolled in the facility has been abused is required to report suspected child abuse to ChildLine as mandated by the CPSL. A facility person who has reasonable cause to suspect that a child is a victim of child abuse shall immediately make a report of suspected child abuse to ChildLine through the hotline at (800) 932-0313, online, or any other method as prescribed by the Department.

Regulation: 3270.19(a)/3270.19(b)

Description: Required to report/Child abuse reporting

Noncompliance Area: During interviews related to an incident that occurred on 5/29/24, multiple staff had repeated concerns about the inappropriate and aggressive physical interactions Staff #1 had with children during the staff's employment. Staff indicated that they expressed these concerns with the Director, but did not report these concerns to ChildLine until 5/29/24.

Correction Required: An operator or a staff person who has reason to believe that a child enrolled in the facility has been abused is required to report suspected child abuse to ChildLine as mandated by the CPSL. A facility person who has reasonable cause to suspect that a child is a victim of child abuse shall immediately make a report of suspected child abuse to ChildLine through the hotline at (800) 932-0313, online, or any other method as prescribed by the Department. The legal entity must arrange for all facility staff employed as of the date of the training to receive a minimum of two hours of PQAS-approved, in-person training, regarding mandated reporting. The legal entity must receive DHS approval of the training content prior to scheduling the training. The director will submit documentation of the completed training to the Northeast Regional Office.

Regulation: 3270.32(c)

Description: Convicted or awaiting trial

Noncompliance Area: Staff person #1 is awaiting trial for crimes of child abuse, child neglect, physical violence, or moral corruptness.

Correction Required: The operator may not allow an individual to enter the facility if the individual is awaiting trial for crimes of child abuse, child neglect, physical violence, or moral corruptness.

Regulation: 3270.52

Description: Mixed Age Level

Noncompliance Area: On 1/12/24, an Unannounced Monitoring Inspection was conducted. Staff person #1 and staff person #5 were observed in the Toddler Room supervising 13 young toddlers. This amount of children requires at least three staff persons. An acceptable plan of correction was received indicating that the correction would be implemented by 1/12/2024. On 3/27/24 an inspection to verify that the violations were fixed was conducted at the facility. Staff person #1 was observed to be supervising six mixed-age group children, with the youngest child being one years old. This amount of children requires at least two staff persons.

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 in § 3270.51 (relating to similar age level). The Legal Entity/Director will establish/update a supervision and ratio policy. The policy should include the following information, at minimum: 1. How the facility will demonstrate their knowledge and ability to adequately supervise children while maintaining appropriate ratio at all times. 2. How staff will maintain ratios when a staff suddenly calls off for an emergency or illness, or when staff are late for their shift. 3. How ratios will be maintained when children are unexpectedly dropped off to the facility. 4. How staff will maintain ratios during transition times, and when they need to move children to another classroom to immediately maintain proper ratios. 5. A procedure for reporting ratio and staffing issues to the designated person in charge immediately.

Regulation: 3270.52

Description: Mixed Age Level

Noncompliance Area: On 1/12/24, an Unannounced Monitoring Inspection was conducted. Staff person #1 and staff person #5 were observed in the Toddler Room supervising 13 young toddlers. This amount of children requires at least three staff persons. An acceptable plan of correction was received indicating that the correction would be implemented by 1/12/2024. On 3/27/24 an inspection to verify that the violations were fixed was conducted at the facility. Staff person #1 was observed to be supervising six mixed-age group children, with the youngest child being one years old. This amount of children requires at least two staff persons.

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 in § 3270.51 (relating to similar age level).

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Staff #5 admitted to pulling Child #1 down the hall inappropriately by the child's leg on 1/3/2024.

Correction Required: A facility person may not use any form of physical punishment, including pulling on a child's body part. The legal entity must arrange for all facility staff hired at the time of the training to receive a minimum of 2 hours of PQAS-approved, in-person training, regarding behavior management of children. The legal entity must receive DHS approval of the training content prior to scheduling the training.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: Staff #5 admitted to pulling Child #1 down the hall inappropriately by the child's leg on 1/3/2024.

Correction Required: A facility person may not use any form of physical punishment, including pulling on a child's body part.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #6 (see code sheet for date of hire) does not have documentation that they completed the required one-hour Health and Safety training update. This training should have been completed by 12/30/2022.

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. Staff person #6 will have until 2/16/24 to complete the required training.

Regulation: 3270.151(a)

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

Noncompliance Area: Staff person #6 (see code sheet for date of hire) did not have an updated health assessment on file. The last health assessment in their file is dated 2/19/2020.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: During the inspection, there was no documentation provided which showed that staff #6 (see code sheet for date of hire) had any emergency plan training since 4/27/2018.

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 #6 does not have current pediatric first-aid/CPR training. This is evidenced by the previously documented pediatric first-aid/CPR training expiration date of 5/2018.

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.

Regulation: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: Staff person #6 (see code sheet for date of hire) did not have documentation on file which showed that they completed their annual fire safety training. Their last fire safety training was documented as 5/7/2019.

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.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person #6 (see code sheet for date of hire) has not completed mandated reporter training within the last 60 months. This is evidenced by the previously documented mandated reporter training on file being dated 4/1/2015.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to Child Protective Services). Staff person #6 will have until 2/16/24 to complete the mandated reporter training. Until such time as the required training has been completed, staff person #6 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 #6, staff person #6 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 person #2 did not have a disclosure statement on file (see code sheet for date of hire). Staff person #6 (see code sheet for date of hire) did not have a completed NSOR on file.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). 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 # 2 and facility person #6 may not work in a child care position at the facility.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: Staff person #1 and staff person #5 were observed in the Toddler Room supervising 13 young toddlers. This amount of children requires at least three staff persons.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The documentation on file showed that the fire detection system was not tested every 30 days as evidenced by the following dates: 10/12/23 to 11/13/23.

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

Regulation: 3270.131(b)(2)

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

Noncompliance Area: Inspection on 5/3/23 revealed that child #1 does not have a valid updated health report on file.

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

Regulation: 3270.31(e)

Description: Age and Training

Noncompliance Area: Inspection on 5/10/23 revealed that staff # 2 does not have a valid record of training.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Inspection on 5/10/23 revealed that; Staff # 1 was hired without the required hiring documents under guidelines of the CPSL.

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: 3270.131(a)

Description: Health information

Noncompliance Area: Inspection on 5/18/22 revealed that child number 1 does not have a record of a health report.

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.

Regulation: 3270.21/3270.62(b)

Description: General Health and Safety/Play space - 65 square feet/child

Noncompliance Area: During inspection om 5/11/22 observed a mixed group of 21 children within the outdoor play space from 9:58 until 10:02. This space measured at 65 square feet per child has a capacity of 19.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. Outdoor or indoor play space shall be measured at 65 square feet per child.

Regulation: 3270.27(a)(5)/3270.27(a)(6)

Description: Emergency plan/Emergency plan

Noncompliance Area: Inspection on 5/12/22 revealed that the facility has infants and toddlers in care and the emergency plan does not provides accommodations for infant and toddlers. Operator is not conducting an annual emergency drill.

Correction Required: The facility shall have an emergency plan that provides for accommodations for infants, toddlers, children with disabilities, and children with chronic medical conditions. Emergency drills shall be conducted annually. Annual emergency drills shall be documented and on file at the facility.

Regulation: 3270.27(f)

Description: Emergency plan

Noncompliance Area: Per inspection on 5/11/22 it was revealed that the emergency plan has not been set to the local municipality.

Correction Required: The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency.

Regulation: 3270.31(g)

Description: Professional development certificate

Noncompliance Area: Inspection on 5/18/22 revealed that staff numbers one and two do not have a valid record of training.

Correction Required: Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date professional development was completed. Documentation shall be retained in the facility person's file or maintained in an electronic system as designated by the Department. Documentation of the completion of the professional development under subsection (f) taken from September 30, 2016, forward satisfies this requirement.