Someones Brilliant Performing Arts Llc

Regulation: 20.71(a)(7)

Description: Fraud or deceit in obtaining or attempting to obtain a certificate of compliance

Noncompliance Area: At the time of renewal inspection on 2/24/26, a health assessment for Staff Person #3 was submitted for review. Upon follow-up with the respective physician's office, it was confirmed that the health assessment had not been completed by the office on the date indicated on the document. Based on this verification, the health assessment submitted for Staff Person #3 has been determined to be fraudulent.

Correction Required: The Department may deny, refuse to renew or revoke a certificate of compliance for fraud or deceit in obtaining or attempting to obtain a certificate of compliance.

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: At the time of renewal inspection, emergency contact form of child #1 and #3 did not include the work address and phone number of the enrolling parent.

Correction Required: Emergency contact information must include the home and work addresses and telephone numbers of the enrolling parent.

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: At the time of the inspection, emergency contact information of child #1, #2, and #3 did not include 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: 3270.124(f)/3270.181(c)

Description: Updated every 6 months/Emergency info/agreement updated 6 mos

Noncompliance Area: At the time of renewal inspection, emergency contact information and agreement for child #1 and #3 had not been updated every 6 months as required. Emergency contact forms were not updated in each child care space.

Correction Required: The parent shall update in writing emergency contact information once in a 6-month period or as soon as there is a change in the information. 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: 3270.151(a)/3270.192(3)

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

Noncompliance Area: At the time of renewal inspection, files of staff persons #3 did not have current health assessment.

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

Regulation: 3270.151(c)(5)

Description: Physician/CRNP assessment

Noncompliance Area: At the time of renewal inspection, staff health assessment of staff person #2 did not include the physician's or CRNP's assessment of the person's suitability to provide childcare.

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: At the time of renewal inspection, file of staff person #1 did not include a current state criminal history check and state child abuse and neglect registry check. Pa state police clearance has "request under review for control" status. PA child abuse from 2/17/21 was conducted more than 60 months ago.

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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: At the time of renewal inspection observed chipped and peeling paint on the white shelf unit located in preschool area and white under the sink cabinet located in the bathroom in the font room. Trash can located in the bathroom in the front room had signs of rust.

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: 3270.124(f)/3270.181(c)

Description: Updated every 6 months/Emergency info/agreement updated 6 mos

Noncompliance Area: At the time of renewal inspection, emergency contact form and agreement of child #1 was last updated on 2/12/24, which is more than 6 months ago.

Correction Required: The parent shall update in writing emergency contact information once in a 6-month period or as soon as there is a change in the information. 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: 3270.94(a)(4)

Description: Hypothetical locations

Noncompliance Area: At the time of renewal inspection observed that hypothetical locations of fire drills was the same for the past year.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that the hypothetical locations of the fire are rotated around the facility for each drill such that the hypothetical location is never the same for consecutive drills.

Regulation: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: At the time of renewal inspection observed children sleeping in pack n plays that did not have at least 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: 3270.111(a)/3270.111(b)

Description: Written plan/Posted in group space

Noncompliance Area: At the time of renewal inspection observed that a written plan of daily activities for preschool age children is not developed and posted in the Back room.

Correction Required: A written plan of daily activities and routines, including a time for free play shall be established for each group. The plan shall be flexible to accommodate the needs of individual children and the dynamics of the group. The written plan of daily activities shall be posted in the group space.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: At the time of renewal inspection observed that staff preschool and school age staff in the back room did not assign responsibilities for supervision of three school age children, who were sleeping with preschoolers. Staff person #2 and #3 were assigned to 6 preschoolers, staff person #4 was assigned to 11 preschoolers, who were sleeping, staff person #5 was assigned to 9 school age children at the tables. Staff #1 and #3 were caring for 19 young school age and 4 older school age children.

Correction Required: Each staff person shall be assigned the responsibility for supervision of specific children. The staff person shall know the names and whereabouts of the children in his assigned group. The staff person shall be physically present with the children in his group on the facility premises and on facility excursions off the facility premises.

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: At the time of renewal inspection, emergency contact form of child #1 did not include the work address and phone number of the enrolling parent.

Correction Required: Emergency contact information must include the home and work addresses and telephone numbers of the enrolling parent.

Regulation: 3270.131(e)/3270.131(e)(2)(i)

Description: ACIP recommended immunization record /Exemption documentation from parent/guardian

Noncompliance Area: At the time of renewal inspection, immunization record of child #2 did not include MMR and Varicella immunization recommended by ACIP. A letter of exemption was not observed in the file of child #2.

Correction Required: The facility may not accept or retain an infant 2 months of age or older, a toddler or a preschool child at the facility for more than 60 days following the first day of attendance at the facility unless the parent provides written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP. Exemption from immunization for religious belief or strong personal objection equated to a religious belief shall be documented by a written, signed and dated statement from the child's parent or guardian. The statement shall be kept in the child's record.

Regulation: 3270.24(f)

Description: Director ID

Noncompliance Area: At the time of renewal inspection, staff person #1, who holds the position of the director, was not present during the renewal inspection with a valid photo identification.

Correction Required: A valid photo identification of the director or designated staff person who is responsible for compliance with this chapter shall be provided to the agent of the Department at the time of inspection.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: At the time of renewal inspection, file of staff person #6 did not include NSOR certificate. Staff person #6 is not a provisional hire.

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 #6 must be removed from childcare position by close of business. NSOR must be obtained before facility person #6 may resume a child care position.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: At the time of renewal inspection, the files for staff member #4 did not include an annual staff evaluation. Last evaluation on file was from 7/7/22.

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

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

Noncompliance Area: At the time of renewal inspection files of staff person #6 did not include verification of education and childcare experience that qualifies for a position of an assistant group supervisor and is required prior to service at the facility.

Correction Required: An assistant group supervisor shall have a high school diploma or a general educational development certificate and 2 years experience with children. A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: At the time of the complaint investigation on 1/4/24, staff person #3 confirmed that staff was using backpack leash with child #1 while child was playing in the indoor play space to prohibit child #1 from going to another area.

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

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: At the time of the complaint investigation on 1/4/24, staff person #1 confirmed that staff was using backpack leash with child #1 while child was playing in the indoor play space to prohibit child #1 from going to another area.

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

Regulation: 3270.131(a)/3270.131(e)

Description: Health information/ACIP recommended immunization record

Noncompliance Area: At the time of the complaint investigation on 1/4/24, file of child #1 did not include an initial health report and written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP.

Correction Required: The operator shall require the parent of an enrolled child, including a child, a foster child and a relative of an operator or a facility person, to provide an initial health report no later than 60 days following the first day of attendance at the facility. The facility may not accept or retain an infant 2 months of age or older, a toddler or a preschool child at the facility for more than 60 days following the first day of attendance at the facility unless the parent provides written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP.

Regulation: 3270.151(a)/3270.192(3)

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

Noncompliance Area: At the time of the unannounced monitoring inspection on 1/4/24, file of staff person #1 included staff health report from 12/17/19, file of staff person #2 included staff health report from 7/21/19. Both staff heath reports were more than 24 months old and were not valid.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: At the time of the complaint investigation on 1/4/24, file of staff person #1 included PA state police clearance from 3/19/18 and was more than 60 months old. File of staff person #2 included DHS required FBI clearance from 12/3/18, PA state police clearance from 12/3/18, and mandated reporter training from 11/14/18. Both clearances and mandated reporter training were more than 60 months old and were not valid.

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 # 1and #2 must be removed from childcare position by close of business. PA state police clearance and FBI clearance must be obtained before staff persons #1 and #2 may resume a childcare position.

Regulation: 3270.151(a)

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

Noncompliance Area: It was observed during the inspection of the files that Staff 1 and Staff 2 did not have a current physical 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.

Regulation: 3270.151(a)

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

Noncompliance Area: STAFF 1 DID NOT HAVE A CURRENT PHYSICAL (LAST ONE DATED 1/14/2020).

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

Noncompliance Area: CHILD 1 DID NOT HAVE A CURRENT PHYSICAL ON FILE (LAST ONE DATED 6/13/2019).

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

Noncompliance Area: STAFF 2 HAD A PHYSICAL FORM THAT WAS SIGNED BY THE CLERK.

Correction Required: A health assessment shall be conducted and a report shall be written and signed by a physician, physician's assistant or CRNP. The signature must include the individual's professional title.

Noncompliance Area: STAFF 1 AND STAFF 2 HAVE AN EXPIRED CHILD ABUSE CLEARANCE (STAFF 1 - DATED 9/25/2014; STAFF 2 DATED 3/11/2014) AND STAFF 1'S MANDATED REPORTER TRAINING EXPIRED (DATED 12/12/2014).

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 1 AND 2 -- may not work in a child care position at the facility. 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: STAFF 1 AND 2 DID NOT HAVE PROOF OF A PHYSICAL NOR TB TEST AT THE TIME OF THE INSPECTION.

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.

Noncompliance Area: THE HEATER COVERS WERE MEASURED AT 170 DEGREES, USING A THERMOMETER, AND WERE IN THE REACH OF CHILDREN.

Correction Required: Hot water pipes and other sources of heat exceeding 110 F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact.

Noncompliance Area: At the time of the inspection staff member #4 was changing the diaper of an infant and did return the infant to the child care space without washing hands of the child whose diaper they had just changed. .

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

Noncompliance Area: At the time of the inspection the record of staff person #3 was lacking in the current valid health assessment.

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

Noncompliance Area: At the time of the inspection the record of staff person # 3 was lacking in the two letters of reference.

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: At the time of the inspection the record of staff member #2 had an incomplete State police clearance and the FBI fingerprint report did reveal a felony conviction from 10 years ago.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Staff Person # 2 may not work in a child care position at the facility. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person # 2 may not work in a child care position at the facility.

Noncompliance Area: At the time of the inspection the records of the following staff members were lacking in the following qualifications: staff persons #6 , 3, #4 and #5 was lacking in verification of child care experience, Staff person #6 was lacking in the proof of educational level.

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: At the time of the initial inspection the Land Line for the facility was not operational.

Correction Required: A facility shall have an operable telephone and a published telephone number.