Smart Alecks Learning Center

Regulation: 3270.131(b)(1)

Description: Infant: updated health report every 6 months

Noncompliance Area: Child 1 did not have a health report that was less than 6 months old (one on file was dated 10/26/2022).

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.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: On the play space at the time of inspection, there was a grate that was bend on the edges that may pose a hazard to the children in care.

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: Along the wall and fence area at the time of inspection, there was peeling paint and plaster.

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

Noncompliance Area: At the time of inspection on 9/18/19, there were large white shelves in the (1) restroom used for diapering on the first level. There was (2)one on the second level.

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

Noncompliance Area: At the time of inspection on 9/18/19, facility child #1 was observed sleeping/ not eating in a high chair. During the inspection period child #2 mother came to the facility to drop-off snack. The parent stated their concern because was sleeping in the high chair at pick-up and was not strapped in.

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.

Noncompliance Area: The facility refrigerator in the kitchen, with food inside; on the second level of the facility did not have a working thermometer during the inspection on 9/18.19.

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.Potentially hazardous food brought from the child's home or provided by the facility shall be refrigerated.

Noncompliance Area: At the time of inspection on 9/18/19, staff #2 was observed changing a child diaper. Once the change was complete; the staffer did not wash the child's hands, clean the surface, and picked-up another child wearing the same pair of gloves.

Correction Required: A staff person shall ensure that a child's hands are washed before meals and snacks, after toileting and after being diapered.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.

Noncompliance Area: The health assessment in the file for staff #5-hire date 9-9-19; who was observed working in the infant room did not have written proof of a TB test being applied or read with negative results at the time of inspection on 9/18/19. The health assessment in the file for staff #1 had positive TB results with no chest XRay results. Staff #1 was also observed working in the infant room on 9/18/19.

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

Noncompliance Area: At the onset of the inspection on 9/18/19 pizza was served for lunch. During lunch observation CR did not see fruit of vegetable to supplement the meal.

Correction Required: A lunch or dinner prepared at the facility for children of toddler age or older shall include at least one fruit or vegetable.

Noncompliance Area: There were fourteen children in the infant room at the time of inspection on 9/18/19. Thirteen were under the age of one-year. Eight of the thirteen had written feeding schedules on file at the facility.

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

Noncompliance Area: The file for staff #4-hire date 2/11/19, did not have written proof of complying with the CPSL (child abuse)requirements. The form on file was for a volunteer, not employment or child care.

Correction Required: A facility person's record shall include a copy of requests for the FBI, 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 #4- may not work in a child care position at the facility.

Noncompliance Area: The file for staff #6-hire date 9/18/19 did not have the two written references as required by the regulations.

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

Noncompliance Area: There was no emergency plan training in the file for staff #1 and #4 during the inspection on 9/18/19.

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.

Noncompliance Area: The file for staff #1-hire date 4/3/18 and #4-hire date 2/11/19, did not have written proof of complying with the CPSL (child abuse)requirements. The form on file was for a volunteer, not employment or child care.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). SAFETY PLAN: The operator is required to submit to the Children and Youth Agency a plan of supervision or alternate arrangement as required by the Child Protective Services Law. LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 4 may not work in a child care position at the facility. PROVISIONAL HIRE UNSUPERVISED: A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee. A facility person's record shall include a copy of requests for the FBI, 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 #4 may not work in a child care position at the facility.

Noncompliance Area: There was no written proof of education to support their position in the file for staff #1, #2 and #3 at the time of inspection on 9/18/19.

Correction Required: An aide shall have a minimum of an 8th grade education and 2 years of experience with children. A facility person's record shall include acceptable verification of experience, education or training is a transcript or a diploma or a letter signed by a representative of the experiential, educational or training entity.

Noncompliance Area: During the inspection on 9/18/19, thirteen (13) younger and older toddlers were observed in the classroom and on the play space with two facility staff.

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). IF USING TIERED LIS: The required staff:child ratios must be maintained at all times.The legal entity must submit documentation in a format approved by DHS proving that the facility is maintaining the required staff:child ratios at all times. The legal entity will confirm continuing compliance by sending copies of the documentation to the -------- Region Office on a weekly basis for a period of three months after DHS approves the documentation format.

Noncompliance Area: When tested with a thermometer at the time of inspection, the water tempeturer at the sink used by the children to wash their hands was 116 degrees.

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

Noncompliance Area: During the inspection on 9/18/19, there was an open un-screened window in the toddler classroom.

Correction Required: Windows or doors used for ventilation shall be screened when open. 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.

Noncompliance Area: Throughout the facility on the entrance door, along the railings leading to the second level, by the door (leading to play space) and near the entrance in the toddler#1 room. In the preschool room on the second level peeling paint and broken plaster were observed. There were also damaged ceiling tiles in the preschool room and the area adjacent to the room; at the time of inspection on 9/18/19.

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.

Noncompliance Area: Both the exit leading from the toddler room (multiply items) and the diapering changing area (pack-n-play) infant room were blocked at the time of inspection on 9/18/19.

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

Noncompliance Area: At the time of inspection, facility child #1 was observed sleeping in a cradle/chair. This is not the appropriate rest equipment for a child under the age of one-year-old. When asked staff placed the child in a pack-n-play that was labeled with the name of another child; child #2.

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.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.

Noncompliance Area: A PRE-SCHOOL CHILD SUSTAINED NAIL MARKS ON HIS SKIN AS A RESULT OF HIS TEACHER GRABBING ON HIM.

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

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION, OBSERVED STAFF PERSON #1 (P/S RM) ROUTINELY GRAB CHILDREN, PICK THEM UP BY THE ARM AND PLACE THEM ROUGHLY IN THEIR SEATS. A CHILD WHO SHE REPEATEDLY DID THIS TO WAS SEATED WHERE HIS LEGS COULD NOT BE UNDERNEATH THE TABLE BECAUSE THE TABLE-LEGS OF THE TWO ACTIVITY TABLES WERE PUSHED TOGETHER RESULTING IN HIS LEGS BEING REPEATEDLY PUSHED INTO THE LEGS OF THE TABLE WHEN SHE IMPATIENTLY PUSHED HIS CHAIR UP TO THE TABLE. ADDITIONALLY, STAFF#1 DID NOT INTERACT OR COMMUNICATE POSITIVELY AND HER TONE WAS HARSH AND DISMISSIVE. HER SUPERVISION OF THE CHILDREN WAS INAPPROPRIATE AND UNACCEPTABLE.

Correction Required: A facility person may not use any form of physical punishment, including spanking a child. A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION NEWLY HIRED STAFF PERSON #1 DID NOT HAVE A HEALTH ASSESSMENT CONDUCTED PRIOR TO PROVIDING DIRECT CARE TO CHILDREN. STAFF PERSON #6 DID NOT HAVE A CURRENT HEALTH ASSESSMENT AND REPORT ON FILE.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION STAFF PERSONS #1, #2, AND #5 DID NOT HAVE REFERENCES ON FILE AS REQUIRED.

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

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION STAFF FILES LACKED THE REQUIRED DISCLOSURE STATEMENT ON FILE.

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.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION STAFF PERSONS #1, #2, #4, AND #5 LACKED DOCUMENTED QUALIFICATIONS FOR THE POSITION FOR WHICH THEY WERE HIRED/ PERFORMING.

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.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION STAFF PERSONS #1, #2, #4, AND #5 LACKED DOCUMENTED QUALIFICATIONS FOR THE POSITION FOR WHICH THEY WERE HIRED/ PERFORMING. THE REMAINING STAFF QUALIFIED AT AN AIDE AND AGS LEVEL.

Correction Required: At least 50% of the staff persons in a facility shall be individuals qualified and functioning as directors, group supervisors and assistant group supervisors. No more than 50% of the staff persons may be of aide qualification level.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION, WHILE CONDUCTING A CLASSROOM OBSERVATION ON THE 2ND FLOOR OF THE FACILITY, TWO REPRESENTATIVES FROM AN OUTSIDE AGENCY ARRIVED IN THE CLASSROOM, AND WITH NO COMMUNICATION TO THE DIRECTOR AND/ OR DHS REP. PROCEEDED TO THE 3RD FLOOR OF THE FACILITY FOR A MEETING REGARDING AN ENROLLED DAYCARE CHILD. THE DIRECTOR HAD NO PRIOR KNOWLEDGE OF THE MEETING HELD AND OR VERIFICATION OF ATTENDING PARTICIPANTS.

Correction Required: A director is responsible for the general management of the facility, including the minimum duties described at 3270.34(a)(1) - (6).

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION THE DIRECTOR WAS FUNCTIONING AS A GROUP SUPERVISOR. DURING THIS INSPECTION SHE WAS NEEDED IN THE TODDLER ROOM AND THE INFANT ROOMS TO MAINTAIN THE RATIO.

Correction Required: A director may not function as a group supervisor in a facility in which more than 45 children are enrolled.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION THERE WERE NO GROUP SUPERVISORS EMPLOYED AT THE FACILITY, AND THERE WERE MORE THAN 46 CHILDREN ENROLLED.

Correction Required: In a facility in which more than 45 children are enrolled, a group supervisor is required for the first group of 45 enrolled children and for each group or partial group of 45 additional enrolled children. Each additional group supervisor shall be employed by and be present at the facility for a minimum of 30 hours per week. OPERATOR MUST 1- EMPLOY (2) GROUP SUPERVISORS AND THEY MUST BE PRESENT FOR AT LEAST 30 HOURS A WEEK OF OPERATIONAL HOURS. 2- OPERATOR MUST REDUCE THE CURRENT CHILD ENROLLMENT TO ACCOMODATE THE STAFFING ISSUE.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION THERE WERE (11) INFANTS WITH (2) STAFF. AN ADDITIONAL STAFF WAS REQUIRED.

Correction Required: STAFF RATIOS MUST BE MAINTAINED AT ALL TIMES. 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.

Noncompliance Area: ON 4/24/18 RENEWAL INSPECTION FACILITY FIRE DRILLS WERE NOT HELD AT MINIMUM EVERY 60 DAYS (10/11/17, 4/3/18) AS REQUIRED.

Correction Required: A fire drill shall be held at least every 60 days. Facility persons and children in attendance shall participate in the fire drill. Facility persons and children shall exit the building, weather permitting.

Noncompliance Area: A complaint investigation was conducted on a November 2017 incident in which a staff called a child an asshole to the mother's face. The director reported that the teacher agreed with the parent who stated her child was an A-hole.

Correction Required: A facility person may not single out the child for ridicule, threaten harm to the child or the child's family and may not specifically aim to degrade the child or the child's family.