Sheryl Buffingtons Daycare Preschool Palace

Regulation: 3270.102(g)

Description: Hazardous toys and equipment

Noncompliance Area: In the infant room, there was a 4moms baby swing that had been recalled by the United States Consumer Product Safety Commission.

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: 3270.131(a)(4)

Description: Initial health report for school age; accordance with school attendance

Noncompliance Area: The file for child #2 lacked an initial health assessment for a school-age child in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code § 23.2 (relating to medical examinations).

Correction Required: The initial health report for a school-age child must be dated in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code § 23.2 (relating to medical examinations).

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, a preschooler, had health assessments that exceeded 12 months between assessments.

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(c)(3)/3270.151(c)(5)

Description: Exam communicable disease/Physician/CRNP assessment

Noncompliance Area: The file for staff person #4 had a health assessment that lacked an examination for communicable diseases and the results of that examination and the physician's or CRNP's assessment of the person's suitability to provide child care.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination. An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care.

Regulation: 3270.31(e)

Description: Age and Training

Noncompliance Area: The file for staff person #1 lacked 2.5 of the 12 required hours of annual child care training. The file for staff person #2 lacked 1.5 of the 12 required hours of annual child care training.

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

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

Description: Fire safety - 1 yr.

Noncompliance Area: The files for staff person #1, #2, and #4 lacked current fire safety training completed within the last year. The file for staff person #5 had fire safety trainings that exceeded a year between trainings.

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: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #1 and #6 completed the following required pre-service training on 12-1-25 that was over 90 days after their date of hire (see LIS code sheet): Pediatric first-aid/CPR training.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #5 had FBI clearances that exceeded 60 months between clearances.

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: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: In the great hall, there was a power strip on the back wall that had 2 electrical outlets that lacked outlet covers and was accessible to children 5 years of age and younger.

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

Regulation: 3270.72(d)

Description: Above ground window opening restricted to 6"

Noncompliance Area: In the upstairs preschool room on the second floor, the back window that was accessible to children was not restricted to open 6 or fewer inches.

Correction Required: Windows or doors above the ground floor that open directly to the outdoors and are accessible to children shall be constructed, modified or adapted to limit the opening to 6 or fewer inches.

Regulation: 3270.75(a)

Description: In child care spaces

Noncompliance Area: The homework hall lacked a first-aid kit.

Correction Required: A first-aid kit shall be in a child care space.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: In the homework hall, the windowsill had visible dirt including dead bugs.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In the toddler room, there was one area of peeling paint on the far blue wall.

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

Regulation: 3270.124(c)

Description: Each child care space

Noncompliance Area: On the outdoor toddler play space, the emergency contact forms were not present on the play space for the preschoolers, young toddlers, and older toddlers that were receiving care on the play 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 the infant room, there was a bottle of Up & Up Infants' Acetaminophen that was not labeled with the child's name. In the toddler room, there was a bottle of Parent's Choice Infant Ibuprofen that was not labeled with 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(4)

Description: Locked

Noncompliance Area: In the toddler room, there was an open bag on the floor in a child's cubby that contained a bottle of Parent's Choice Infant Ibuprofen that was accessible to children.

Correction Required: Medication shall be stored in a locked area of the facility or in an area that is out of the reach of children.

Regulation: 3270.135(a)(3)

Description: Disposable diapers

Noncompliance Area: In the 3 year old room, the diapering can near the sink and changing area contained diapers/pull-ups and was not plastic-lined inside the hands-free covered can.

Correction Required: If disposable diapers are provided by a parent or by a facility, a soiled diaper shall be discarded by immediately placing the diaper into a plastic-lined, hands-free covered can.

Regulation: 3270.151(c)(5)

Description: Physician/CRNP assessment

Noncompliance Area: The file for staff person #1 had a health assessment that said the person was not suitable to provide child care and lacked an explanation from the physician or CRNP.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #1 lacked a disclosure statement.

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: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: In the toddler room, a power strip that was plugged into an outlet in the back left corner of the room lacked 6 outlet covers and was accessible to children 5 years of age and younger.

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: On the toddler play space on a shelf, there was a bottle of Purell Hand Sanitizer that was labeled "Keep out of reach of children" and was accessible to children. In the large preschool/school-age room in an unlocked drawer in a desk, there was a bag of Luden's Wild Cherry Throat Drops that was labeled "Keep out of reach of children" and 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: 3270.76

Description: Building Surfaces

Noncompliance Area: On the upper preschool play space, there were multiple areas of the green carpet surface that were torn, not secured on the ground, and had overlapping areas of the carpet that resulted in a tripping hazard. On the toddler play space, there was a piece of metal wire that was protruding out from the top of the fence that had sharp edges and was accessible to children. In the preschool bathroom downstairs in the last stall, there was a board with knobs attached for hanging coats that was leaning against the wall and was a visible hazard.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In the infant room, there was peeling paint on the wall in a couple areas in the back left corner behind a chair. In the 3 year old room downstairs, there were multiple areas of peeling paint on the wall to the left of the sink and one area on the wall to the left of the freezer. In the toddler room, there were a couple areas of peeling paint on the right wall.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: According to the log, the operator did not manually test the interconnected fire detection system in the facility at least once every 30 days between 2-13-25 to 3-18-25.

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(a)(4)/3270.182(1)

Description: Initial health report for school age; accordance with school attendance/Initial and subsequent health reports

Noncompliance Area: The file for child #1 lacked an initial health assessment for a school-age child in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code § 23.2 (relating to medical examinations).

Correction Required: The initial health report for a school-age child must be dated in accordance with the requirements for medical examinations for school attendance in 28 Pa. Code § 23.2 (relating to medical examinations). A child's record shall contain initial and subsequent health reports.

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Staff person #1, prior to their hire date, had completed the health and safety course titled Health and Safety Basics: Requirements for Certification (6 hours) and had the required health and safety update course titled Pennsylvania Health and Safety Update 2022 (1 hour) training dated 6-14-24 that was over 90 days after their date of hire.

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

Regulation: 3270.151(a)

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

Noncompliance Area: The files for staff person #2 and #4 had a health assessment that 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 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: 3270.31(e)(4)(i)

Description: Age and Training

Noncompliance Area: The file for staff person #3 had current pediatric first-aid/CPR training with a completion date of 6-10-24 that was after the May 2024 expiration of the prior training.

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: The file for staff person #3 had fire safety training that exceeded a year between trainings.

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 #1 completed mandated reporter training on 6-9-24 that was over 90 days after their date of hire. (see LIS code sheet)

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 person #3 had state police clearances, child abuse clearances, FBI clearances, and NSOR verification certificates that exceeded 60 months between clearances/certificates.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In the Great Hall, there were multiple bottles of hand sanitizers, including Bath & Body Works Hand Sanitizer, in an unlocked drawer in the desk that were labeled "Keep out of reach of children" and were 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: 3270.76

Description: Building Surfaces

Noncompliance Area: On the front preschool play space, there were multiple bolts on the base of the awnings that were protruding upwards and were a visible hazard. On the back preschool play space near the back left corner, a piece of the fence had come apart and was on the ground leaving a gap in the fence. There was a stake in the ground near that area of the fence that had sharp edges on top and was accessible to children.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In the back left room on the bottom floor, there was peeling paint in a few areas on the small wall that's connected to the back wall and one area in the back right corner. In the toddler towers room, there were a few areas of peeling paint on the left wall and one area on the right wall. In the infant room, there were multiple areas of peeling paint on the back wall.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: According to the log, the operator did not manually test the interconnected fire detection system in the facility at least once every 30 days between 4-3-24 to 6-19-24 and 7-12-24 to 8-12-24.

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: On the preschool play space, there was a red tricycle with a cracked seat that had sharp edges and a circular merry-go-round with bikes that had one bike that had a wheel coming apart from the bike and was missing a pedal.

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the infant/toddler room with infants and 1 year olds present in the room, there were multiple blocks with tears in multiple areas that had small pieces coming apart with a diameter of less than 1 inch and were 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: 3270.104(a)

Description: Clean, good repair, proper size

Noncompliance Area: In the older toddler room in the right bathroom, there were 3 loose wooden doors from a toy cabinet that were laying on a shelf in the bathroom and had hinges that had sharp edges that were accessible to children. In the infant/toddler room, there was a cubby in the front left corner of the room that had a partition/divider that was loose and coming apart from the cubby. In the older toddler room, the cabinet near the sink had a plastic drawer that was cracked and had sharp edges that were accessible to children.

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

Regulation: 3270.105

Description: High Chairs

Noncompliance Area: In the infant room, there was a highchair that was missing the center strap for the T-shaped safety strap.

Correction Required: High chairs shall have a wide base and a T-shaped safety strap.

Regulation: 3270.107

Description: Refrigerator

Noncompliance Area: In the great hall, the refrigerator that contained food for the children had a bottom drawer that had food that was dried and sticking to the inside of the drawer.

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

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The files for child #2 and #4 had an emergency contact form that lacked the telephone number of the child's physician.

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

Regulation: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The file for child #7 had an emergency contact form that lacked the name of the health insurance and the policy number.

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: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The file for child #7 had an emergency contact form that lacked the address of the individual designated by the parent to whom the child may be released.

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

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

Description: Infant: updated health report every 6 months/Initial and subsequent health reports

Noncompliance Area: The file for child #4, a young toddler, lacked a current health assessment updated within the last 6 months.

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 shall contain initial and subsequent health reports.

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, a preschooler, lacked a current health assessment updated within the last 12 months. The files for child #5 and #6, preschoolers, had a health assessment that exceeded 12 months between assessments.

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: 3270.131(d)(5)/3270.131(e)(3)

Description: Immunization record/Dismissal policy

Noncompliance Area: The file for child #2, a 6 month old enrolled more than 60 days at the facility, lacked documentation of the 1st & 2nd Hepatitis B, DTAP, HIB, Pneumococcal, & Polio vaccinations and the 2nd Rotavirus vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #3, a 2 year old enrolled more than 60 days at the facility, lacked documentation of the 2nd Hepatitis A vaccination being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation. The file for child #4, a 1 year old enrolled more than 60 days at the facility, lacked documentation of the 4th DTAP & Pneumococcal vaccinations and the 1st MMR & Varicella vaccinations being administered in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

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). Children #2, #3, and #4 must be dismissed from care by close of business on 3-5-24 and may only return to care when the immunization record is updated or when a parent provides a written, signed exemption letter.

Regulation: 3270.133(3)

Description: Name on bottle

Noncompliance Area: In the infant/toddler room, there was Mommy Bliss Gripe Water that was not labeled with the name of the child for whom the medication was intended. In the older toddler room, there was a bottle of Infants' Tylenol that was not labeled with the name of the child for whom the medication was 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(5)

Description: Original label

Noncompliance Area: In the older toddler room, there was a bottle of Infants' Tylenol that was expired.

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 the infant/young toddler room, there was Children's Tylenol for child #8 that lacked written parental consent for administration of the medication. In the infant/young toddler room, there was Mommy Bliss Gripe Water for child #3 that lacked written parental consent for administration of the medication.

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

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The emergency plan lacked requirements for continuity of operations according to federal requirements at 45 CFR § 98.41(a)(1)(vii).

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

Regulation: 3270.15(b)

Description: Building Codes

Noncompliance Area: The facility lacked a current occupancy permit posted or on file at the facility.

Correction Required: The legal entity shall maintain ongoing compliance with the applicable requirements prescribed by the Department of Labor and Industry in 34 Pa. Code § 403.23 and under section 1016(c) of the act at all times following issuance of any certificate of compliance issued by the Department under this chapter.

Regulation: 3270.151(c)(2)

Description: Mantoux TB

Noncompliance Area: The file for staff person #3 had a tuberculosis screening by the Mantoux method that was dated after initial employment at the facility.

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.

Regulation: 3270.161(a)

Description: Wholesome

Noncompliance Area: In the great hall in the refrigerator where food stored for children is contained, there was a bag stored in the refrigerator that contained moldy cheese.

Correction Required: Food stored, prepared or served shall be clean, wholesome, free from spoilage, free from adulteration and safe for human consumption.

Regulation: 3270.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: The file for child #4 lacked a current emergency contact form and agreement updated within the last 6 months.

Correction Required: 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: 3270.27(a)(2)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan lacked a plan that provides for accommodations for evacuation of children to a location away from the facility premises.

Correction Required: The facility shall have an emergency plan that provides for accommodations for evacuation of children from the facility building and evacuation of children to a location away from the facility premises. The evacuation routes and evacuation plans to exit the building may be the same as those required by §3270.94 (relating to fire drills).

Regulation: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: The facility's emergency plan lacked a plan that provides for accommodations for infants, toddlers, and children with chronic medical conditions.

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.

Regulation: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The facility lacked a letter to provide to the parent of each enrolled child explaining the emergency procedures.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff person #4, hired provisionally, lacked an FBI clearance or verification of being fingerprinted for the FBI clearance at their start date to be a provisional hire and requires a current FBI clearance.

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. Staff Person #4 may not work in a child care position at the facility.

Regulation: 3270.33(a)/3270.192(2)(ii)

Description: Each staff person meets quals/Exp, educ., training prior to facility

Noncompliance Area: The file for staff person #1, functioning as a staff person, lacked verification of education to qualify as a staff person.

Correction Required: A staff person or a substitute staff person shall meet one of the applicable staff qualifications for the position in which the person is performing. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

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

Description: 8th grade & enrolled in training/Exp, educ., training prior to facility

Noncompliance Area: The file for staff person #2, functioning as an aide, lacked verification of child care experience to qualify as an aide.

Correction Required: An aide shall have a minimum of an 8th grade education and enrollment in a training curriculum described at §3270.31(c). The classroom training portion of the curriculum shall be completed. Documentation of completion of classroom training and continuing enrollment in the training curriculum shall be included in the staff person's file. 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 the preschool palace room, there were multiple bottles of hand sanitizer that were under the sink in an unlocked cabinet and bottles of Bic Cover-It Correction Fluid and The Original Super Glue in a bin that were labeled "Keep out of reach of children" and were accessible to children. In the great hall, there were multiple bottles of hand sanitizer on the table that were labeled "Keep out of reach of children" and were accessible to children. On the toddler play space, there were multiple bottles of hand sanitizer in a bin on a shelf that were labeled "Keep out of reach of children" and were accessible to children. In the downstairs hallway, there was a container of Boudreaux's Butt Paste labeled "Keep out of reach of children" that was in a child's open backpack that was hanging on a hook on the wall near the entrance and 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(b)

Description: Trash removed grounds once/week

Noncompliance Area: On the toddler play space, there was a trash can that contained trash inside that had not been removed from the facility grounds in over a week. According to staff, the outdoor play space had not been used in months.

Correction Required: Trash shall be removed from the facility grounds at least once per week.

Regulation: 3270.72(c)

Description: Good repair

Noncompliance Area: In the prince and princess room, the left window had a screen that had a large hole and had tears in the screen.

Correction Required: Screens shall be in good repair.

Regulation: 3270.75(a)

Description: In child care spaces

Noncompliance Area: The homework hall lacked a first-aid kit.

Correction Required: A first-aid kit shall be in a child care space.

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: On the toddler play space, the first-aid kit was in a bin on a shelf that was accessible to children. In the preschool palace room, the first-aid kit was in an unlocked cabinet on a shelf that was accessible to children.

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

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: On the preschool play space, there was a wooden stake with sharp edges that was protruding out near the back fence and was accessible to children.

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: In the infant room, there was peeling paint in one area on the back wall.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: According to the log, the operator did not manually test the interconnected fire detection system in the facility at least once every 30 days on multiple occasions within the last year.

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(g)

Description: Hazardous toys and equipment

Noncompliance Area: In the Kings & Queens Room, there were 2 Boppy Newborn Lounger Pillows, one in use by an infant, that were observed in the room and were recalled by the United States Consumer Product Safety Commission.

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: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: In the Kings & Queens Room, there were 2 Boppy Newborn Lounger Pillows, one in use by an infant, that were observed in the room and were recalled by the United States Consumer Product Safety Commission and therefore were not age-appropriate rest equipment.

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: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: In the Kings & Queens Room during naptime, there was one child observed on a cot that lacked 2 feet of space on three sides.

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: 3270.119

Description: Infant sleep position

Noncompliance Area: In the Kings & Queens Room, an infant was observed sleeping on a Boppy Newborn Lounger Pillow and was not placed in the sleeping position recommended 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: 3270.182(7)

Description: Reports of accidents, injuries and illnesses. Original report - parent same day Copy - facility accident file. Copy - child's file

Noncompliance Area: Staff person #1 did not give a written report to the parent when their 7-month-old child received a serious injury while receiving care in the facility.

Correction Required: A child's record shall contain reports of accidents, injuries and illnesses involving a child in care at the facility. The original report shall be given to the parent on the day of the incident. The second copy of the report shall be retained at the facility in an accident file. The third copy of the report shall be retained at the facility in the child's file.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: From June through August of 2023, Staff Persons # 2, #3, #4, #5, and #6 were interviewed and reported that Staff Person # 1 (1) forcefully tossed infants onto sleeping mats located on the floor from approximately 3 to 4 feet high, (2) aggressively grabbed infants by one arm and pulled them off the ground, (3) grabbed infants by the hand or wrist and snapped them up from the ground, (4) dragged infants on their mats away from other infants, and /or (5) yelled at the infants out of frustration. These Staff Persons reported that Staff Person # 1 acted in these ways with the children when he/she was frustrated. These Staff Persons also reported that the way in which Staff Person #1 handled the children could result in the children breaking their bones or sustaining head injuries due to how hard they hit the ground. Staff Person #6 reported that he/she has observed Staff Person #1 use a flashlight to check the infants' eyes/pupils after he/she threw them to the ground because they hit their heads.

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

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: * From June through August of 2023, Staff Persons # 2, #3, #4, #5, and #6 were interviewed and reported that Staff Person # 1 (1) forcefully tossed infants onto sleeping mats located on the floor from approximately 3 to 4 feet high, (2) aggressively grabbed infants by one arm and pulled them off the ground, (3) grabbed infants by the hand or wrist and snapped them up from the ground, (4) dragged infants on their mats away from other infants, and /or (5) yelled at the infants out of frustration. These Staff Persons reported that Staff Person # 1 acted in these ways with the children when he/she was frustrated. These Staff Persons also reported that the way in which Staff Person #1 handled the children could result in the children breaking their bones or sustaining head injuries due to how hard they hit the ground. Staff Person #6 reported that he/she has observed Staff Person #1 use a flashlight to check the infants' eyes/pupils after he/she threw them to the ground because they hit their heads.

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

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: ** From June through August of 2023, Staff Persons # 2, #3, #4, #5, and #6 were interviewed and reported that Staff Person # 1 (1) forcefully tossed infants onto sleeping mats located on the floor from approximately 3 to 4 feet high, (2) aggressively grabbed infants by one arm and pulled them off the ground, (3) grabbed infants by the hand or wrist and snapped them up from the ground, (4) dragged infants on their mats away from other infants, and /or (5) yelled at the infants out of frustration. These Staff Persons reported that Staff Person # 1 acted in these ways with the children when he/she was frustrated. These Staff Persons also reported that the way in which Staff Person #1 handled the children could result in the children breaking their bones or sustaining head injuries due to how hard they hit the ground. Staff Person #6 reported that he/she has observed Staff Person #1 use a flashlight to check the infants' eyes/pupils after he/she threw them to the ground because they hit their heads.

Correction Required: The operator will develop and add a policy to the Staff Handbook that all staff must report suspected child abuse to ChildLine. The statement must be submitted to the Certification Representative for approval. All staff must sign a written statement that they have read and understand the policy.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: *** From June through August of 2023, Staff Persons # 2, #3, #4, #5, and #6 were interviewed and reported that Staff Person # 1 (1) forcefully tossed infants onto sleeping mats located on the floor from approximately 3 to 4 feet high, (2) aggressively grabbed infants by one arm and pulled them off the ground, (3) grabbed infants by the hand or wrist and snapped them up from the ground, (4) dragged infants on their mats away from other infants, and /or (5) yelled at the infants out of frustration. These Staff Persons reported that Staff Person # 1 acted in these ways with the children when he/she was frustrated. These Staff Persons also reported that the way in which Staff Person #1 handled the children could result in the children breaking their bones or sustaining head injuries due to how hard they hit the ground. Staff Person #6 reported that he/she has observed Staff Person #1 use a flashlight to check the infants' eyes/pupils after he/she threw them to the ground because they hit their heads.

Correction Required: The operator will develop and add a policy to the Staff Handbook that all staff must report inappropriate interactions that they witness staff exhibit toward children to the management of the facility. The policy must be submitted to the Certification Representative for approval. All staff must sign a written statement that they have read and understand the policy.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: **** From June through August of 2023, Staff Persons # 2, #3, #4, #5, and #6 were interviewed and reported that Staff Person # 1 (1) forcefully tossed infants onto sleeping mats located on the floor from approximately 3 to 4 feet high, (2) aggressively grabbed infants by one arm and pulled them off the ground, (3) grabbed infants by the hand or wrist and snapped them up from the ground, (4) dragged infants on their mats away from other infants, and /or (5) yelled at the infants out of frustration. These Staff Persons reported that Staff Person # 1 acted in these ways with the children when he/she was frustrated. These Staff Persons also reported that the way in which Staff Person #1 handled the children could result in the children breaking their bones or sustaining head injuries due to how hard they hit the ground. Staff Person #6 reported that he/she has observed Staff Person #1 use a flashlight to check the infants' eyes/pupils after he/she threw them to the ground because they hit their heads.

Correction Required: The operator will provide in-person training regarding Child Protective Services Law, mandatory for all staff to attend, to be conducted by Butler Co CYS. Proof of training will be submitted to the regional office after completion.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: ***** From June through August of 2023, Staff Persons # 2, #3, #4, #5, and #6 were interviewed and reported that Staff Person # 1 (1) forcefully tossed infants onto sleeping mats located on the floor from approximately 3 to 4 feet high, (2) aggressively grabbed infants by one arm and pulled them off the ground, (3) grabbed infants by the hand or wrist and snapped them up from the ground, (4) dragged infants on their mats away from other infants, and /or (5) yelled at the infants out of frustration. These Staff Persons reported that Staff Person # 1 acted in these ways with the children when he/she was frustrated. These Staff Persons also reported that the way in which Staff Person #1 handled the children could result in the children breaking their bones or sustaining head injuries due to how hard they hit the ground. Staff Person #6 reported that he/she has observed Staff Person #1 use a flashlight to check the infants' eyes/pupils after he/she threw them to the ground because they hit their heads.

Correction Required: The operator will provide in-person training regarding Anger Management, mandatory for all staff to attend, to be conducted by the ELRC. The operator will submit the training to the regional office for preapproval prior to it being conducted. Proof of training will be submitted to the regional office after completion.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In the Royal Nursery, there was one rest mat that had a tear in the fabric exposing the stuffing inside.

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the Royal Nursery, there was a mat on the floor that had multiple areas with small pieces of fabric coming apart that were less than 1 inch in diameter and were accessible to infants in the room 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: 3270.105

Description: High Chairs

Noncompliance Area: In the Prince and Princess room with 1 and 2 year olds in the room, there was a table with 8 high chair seats that lacked a T-shaped safety strap.

Correction Required: High chairs shall have a wide base and a T-shaped safety strap.

Regulation: 3270.124(c)

Description: Each child care space

Noncompliance Area: In the preschool room at approximately 9:30 a.m., there were 3 children receiving care in the room that lacked emergency contact forms in the room.

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: 3270.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The file for child #4 had a health assessment that lacked a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

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

Regulation: 3270.131(d)(8)

Description: Age appropriate screenings complete

Noncompliance Area: The file for child #2 had a health assessment that lacked a statement that age-appropriate screenings recommended by the American Academy of Pediatrics were conducted since the time of the previous health report.

Correction Required: A health report shall include a statement that age-appropriate screenings recommended by the American Academy of Pediatrics were conducted since the time of the previous health report required by this section.

Regulation: 3270.131(e)(1)/3270.182(1)

Description: Exemption documentation from parent/guardian/Initial and subsequent health reports

Noncompliance Area: The files for child #1, a 22 month old, and child #3, a 4 year old, had an immunization record that lacked verification of the Influenza vaccination being administered within the last calendar year in accordance with the schedule recommended by the ACIP and lacked exemption documentation.

Correction Required: The facility shall require the parent to provide updated written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of ongoing vaccines administered to an infant, toddler or preschool child in accordance with the schedule recommended by the ACIP. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: In the Kings and Queens room, child #5 had Auvi-Q medication that was expired.

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 the Kings and Queens room, child #5 had Auvi-Q medication that lacked written parental consent for administration of the medication.

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 the Prince and Princess room, the Royal Nursery, and the Toddler Towers room, the diaper changing pad had a fabric cover that was not being changed after each use between diapering.

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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The facility had a policy and procedure to identify the prevention of shaken baby syndrome, abusive head trauma, and child maltreatment that did not address the prevention of child maltreatment as required to comply with 45 CFR 98.41(a)(1)(vi). The emergency plan lacked requirements for volunteer emergency preparedness training and continuity of operations according to federal requirements at 45 CFR § 98.41(a)(1)(vii).

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

Regulation: 3270.151(a)

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

Noncompliance Area: The files for staff person #1 and #4 had a health assessment that 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 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: 3270.151(c)(3)/3270.151(c)(5)

Description: Exam communicable disease/Physician/CRNP assessment

Noncompliance Area: The files for staff person #1 and #9 had a health assessment that lacked an examination for communicable diseases and the results of that examination and the physician's or CRNP's assessment of the person's suitability to provide child care.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination. An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: The file for staff person #7 lacked current emergency plan training completed within the last year. The files for staff person #1, #2, #4, and #10 had emergency plan training that exceeded a year between trainings.

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)

Description: Age and Training

Noncompliance Area: The file for staff person #7 lacked 12 hours of child care training completed within a year of their start date.

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

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

Description: Fire safety - 1 yr.

Noncompliance Area: The file for staff person #7 had fire safety training that was completed over a year after their start date.

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: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #11 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): Pediatric first-aid/CPR training. Staff person #3 had not completed the following required pre-service training within 90 days of their date of hire with a completion date of 9-10-22 (see LIS code sheet): Pediatric first-aid/CPR training. Staff person #8 had not completed the following required pre-service training within 90 days of their date of hire with a completion date of 9-10-22 (see LIS code sheet): Pediatric first-aid/CPR training. Staff person #8 had not completed the following required pre-service training within 90 days of their date of hire with a completion date of 3-21-22 (see LIS code sheet): Health and Safety Training in the topics of 3270.31(f)(1-9).

Correction Required: Staff person(s) shall complete professional development in the topics of 3270.31(f)(1-10) within 90 days of hire. Staff person #11 will have until 11-4-22 to complete the required training. Until such time as the required training has been completed, staff person #11 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 #11, staff person #11 may not work in a child-care position at the facility.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person #1 had not completed mandated reporter training within 60 months. This is evidenced by the documented mandated reporter trainings on file being dated 11-3-15 and 12-2-20. Staff person #5 had not completed mandated reporter training within 60 months. This is evidenced by the documented mandated reporter trainings on file being dated 9-14-16 and 10-6-21. Staff person #8 had mandated reporter training dated 3-5-22 that was not completed within 90 days of their date of hire (see LIS code sheet).

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 person #6 lacked a disclosure statement and had state police and child abuse clearances that were dated after their start date. The file for staff person #2 had state police and FBI clearances that exceeded 60 months between clearances.

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 file for staff person #7 lacked a current staff evaluation completed within the last 12 months.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In the Great Hall, there were a bottle of Bic Wite Out, Elmer's Rubber Cement, Micro Ban Sanitizing Spray, and Assured Men's Shave Cream in unlocked drawers and Anker Multi-purpose Adhesive Spray on a shelf that were labeled "Keep out of reach of children" and were 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.