Lyons Family Daycare

Regulation: 3290.131(b)(2)/3290.181(c)

Description: Updated toddler/preschool health report: every 12 months/Emergency info/agreement updated 6 mos

Noncompliance Area: The file(s) for Child(ren) #1 (OT) and #2 (OT) reflects that the most recent Updated Health Assessment was completed more than 12 months after the Initial Health Assessment. Specifically, the initial health assessment for Child(ren) #1 was dated: 04.14.2025 and the updated health assessment was dated: 05.05.2026. The initial health assessment for Child(ren) #2 was dated: 11.12.2024 and the updated health assessment was dated: 05.07.2026. (SEE LIS CODE SHEET)

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 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: 3290.22(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The facility's expired certificate of compliance was observed to be posted in a conspicuous location used by parents and not the current certificate of compliance

Correction Required: The facility's current certificate of compliance shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional child care office posted at the same location.

Regulation: 3290.113(a)

Description: Supervised at all times

Noncompliance Area: On 5/8/25 at 10:30 AM, observed Facility Person #1 go into the kitchen to wash hands after a diaper change. While in the kitchen, Facility Person could not adequately supervise children in care who were in the living room. Further conversation with Facility Person #1 concludes the facility lacks a procedure for supervision during diaper changes/handwashing.

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. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio).

Regulation: 3290.131(b)(1)/3290.182(1)

Description: Updated infant health report: every 6 months/Initial and subsequent health assessments

Noncompliance Area: The most recent updated health reports in the file for Child #1, a Young Toddler, exceeded six months between reports.

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 child's record must contain initial and subsequent health reports.

Regulation: 3290.151(a)/3290.192(2)

Description: Within 3 months, then 12 months/Health assessment, TB test

Noncompliance Area: The most recent health assessments in the file for Facility Person #1 exceeded 24 months between assessments.

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 on file at the facility. 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: 3290.31(f)

Description: Age and training

Noncompliance Area: Facility Person #1 did not include documentation of 12 annual hours of child care training for the most recent full year of service: April, 2024-April, 2025. Staff file contained 4.5 hours of training for this period.

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

Regulation: 3290.32(a)

Description: Comply with CPSL

Noncompliance Area: The most recent Mandated Reporter Trainings in the file for Facility Person #1 exceeded 60 months between trainings.

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

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The most recent State Police, Child Abuse Clearances and NSOR Certificate in the file for Facility Person #1 exceeded 60 months between clearances. The most recent State Police, Child Abuse, FBI Clearances and NSOR Certificate in the file for Facility Person #2 exceeded 60 months between clearances. The file for Facility Person #1 did not include a current FBI Clearance conducted within the past 60 months.

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

Regulation: 3290.102(a)

Description: Clean and good repair

Noncompliance Area: Observed a small wooden toy house on the table located in the outdoor play space, The wood was starting to splinter, and the toy house was broken in many places so that it couldn't stand on its own on the table.

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: 3290.105(a)

Description: Clean, age appropriate

Noncompliance Area: Child #1 was sleeping on the provider's daughter's bed which was not labeled with the child's name and was not only being used by child #1.

Correction Required: Individual, clean, age-appropriate rest equipment shall be provided for preschool, toddler and infant children as agreed between the parent and the operator. The rest equipment must be labeled with the child's name and used only by the named child while enrolled in the program.

Regulation: 3290.113(a)

Description: Supervised at all times

Noncompliance Area: At nap time on 9/19/24, staff #1 stated that she had five children in her care. Three children were observed napping in the main room with staff #1. When asked where the other two children were, staff #1 stated that they were sleeping in a bedroom. Staff #1 was unable to see the two children napping in the bedroom while staff #1 was in the main room of the facility. .

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. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio).

Regulation: 3290.118

Description: Infant sleep position

Noncompliance Area: On 9/19/24, child #2, who is an infant, was napping in a bouncy seat and not the recommended sleeping position recommended by the American Academy of Pediatrics. There was no documented medical reason on file as to why the infant should not sleep in this position.

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: 3290.18

Description: General Health and Safety

Noncompliance Area: In the outdoor play space, observed a sharp pair of scissors located on a table posing a threat to the health and safety of the children who play in this space. In the outdoor play space, observed a propane tank on the ground near the back exit posing a threat to the health and safety of the children. In the outdoor play space, observed a large white unlocked Igloo cooler which had standing water at the bottom, causing a threat to the health and safety of the children.

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

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: Staff person #1 was observed to be caring for children unsupervised. Staff person #1 does not have current pediatric first-aid/CPR training. This is evidenced by the previously documented pediatric first-aid/CPR training expiration date of 5/2024.

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 trainings are completed, staff person #1 must be supervised, when interacting with children, by family child care home staff person who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #1 , staff person #1 may not work in a child care position at the facility.

Regulation: 3290.22(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The facility's current certificate was not posted in a conspicuous location used by the parents.

Correction Required: The facility's current certificate of compliance shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional child care office posted at the same location.

Regulation: 3290.31(f)(4)(i)/3290.192(4)

Description: Age and training/Required training

Noncompliance Area: The most current pediatric first-aid and pediatric CPR for staff #1 expired 5/2024 and was not renewed on or before the expiration of the most current certification.

Correction Required: Competence is the completion of training by a professional in the field of first-aid and 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 records of training required by the Department.

Regulation: 3290.32(d)

Description: Age and training

Noncompliance Area: On 9/19/24, it was observed that there were no facility persons who were competent in pediatric first-aid and pediatric CPR at the facility while five children were observed in care as the CPR/FA on file for staff #1 expired 5/2024.

Correction Required: One or more facility persons competent in pediatric first-aid and pediatric cardiopulmonary resuscitation techniques shall be at the facility when one or more children are in care.

Regulation: 3290.74(a)

Description: Requirements

Noncompliance Area: Observed that the wooden ramp which leads up the front door had one of the wooden floor planks which was higher than the others causing a tripping hazard. Observed three areas of the front of the facility's steel/aluminum siding which were coming loose and had sharp points. Two were located directly before you start up the entrance ramp of the facility and one was under the window area of the entrance ramp of the facility. On the outdoor play space siding near the air conditioner unit, mold was observed on the siding.

Correction Required: Floors, walls, ceilings and other surfaces, including the facility's outdoor play area, shall be kept clean, in good repair and free from visible hazards.

Regulation: 3290.94(a)(1)

Description: Every 60 days

Noncompliance Area: On 9/19/24, it was observed that the last documented fire drill was dated on 4/3/24 and not within the past 60 days.

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

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: On 9/19/24, it was observed that the last documented manual test of the smoke detectors was dated on 5/3/2024 and not within the past 30 days.

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)). The operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3290.95(a) are met.

Regulation: 3290.24(d)

Description: Emergency plan

Noncompliance Area: It was observed that an emergency drill was not conducted within the past year.

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

Regulation: 3290.31(f)/3290.192(4)

Description: Age and training/Required training

Noncompliance Area: The file for staff person #1 lacked an annual minimum of 12 clock hours of childcare training. There is 1 clock hour of childcare training in the file.

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 records of training required by the Department.

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for household member #2 lacked a signed and dated disclosure statement, State Police, Child Abuse, and FBI Clearances and NSOR verification certificate.

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. Household member #2 may not work in a childcare position at the facility.

Regulation: 3290.74(a)

Description: Requirements

Noncompliance Area: Mildew was observed on the siding and wooden fence near the corner of the house where the gutter comes down creating a visible hazard. The metal door frame was observed to have metal pieces broken off creating a visible hazard.

Correction Required: Floors, walls, ceilings and other surfaces, including the facility's outdoor play area, shall be kept clean, in good repair and free from visible hazards.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: It was observed that the smoke alarms in this family child care home were not approved by a testing laboratory recognized by OSHA 35 P.S. § 1223.6(f.1)(1.1)(ii).

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 operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3290.95(a) are met.

Regulation: 3290.131(a)

Description: Within 60 days

Noncompliance Area: The file for child #1 lacked an initial health report that was completed 60 days following the first day of attendance at the facility. Child #1 was enrolled on (see LIS code sheet) and the child health report in the file is dated 3/4/23.

Correction Required: The operator shall require the parent of an enrolled child to provide an initial health report no later than 60 days following the first day of attendance at the facility.

Regulation: 3290.131(d)(5)/3290.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The files for children #2, #3, #4, and #5 lacked information that included documentation of ongoing vaccines administered to an infant, toddler or preschool child in accordance with the schedule recommended by the ACIP and did not implement dismissal policies in accordance with the Department of Health regulation in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. The facility shall implement dismissal policies in accordance with the Department of Health regulation in 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings).

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: The file for staff person #1 whom was hired prior to October 4, 2022 lacked the Pennsylvania Health and Safety Update 2022 training.

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

Regulation: 3290.117(c)

Description: Vet's certificate required

Noncompliance Area: It was observed that two cats at the facility lacked current rabies immunizations.

Correction Required: A veterinarian's certificate of current rabies immunization is required for a cat or dog at the facility. The certificate shall be on file when the cat or dog is present.

Regulation: 3290.94(a)(1)

Description: Every 60 days

Noncompliance Area: The fire drill log was observed and there were more than 60 days between the following fire drill dates. There were 62 days between 6/1/21 and 8/2/21, 63 days between 10/1/21 and 12/3/21, and 62 days between 12/3/21 and 2/3/22.

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

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: The fire drill log was observed and there were more than 30 days between the following smoke detector checks. There were 38 days between 10/1/21 and 11/8/21, 31 days between 12/3/21 and 1/3/22, and 31 days between 3/1/22 and 4/1/22.

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 operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3290.95(a) are met.