Tender Care Learning Center/Mccandless

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: There were no criminal history or sex offender clearance on file for Facility Person #1 from a state in which they resided in the previous 5 years.

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 without all required current completed clearances on file.

Regulation: 3270.119

Description: Infant sleep position

Noncompliance Area: The following was observed on video footage provided by the operator recorded on 3/10/26 at 3:35pm: In the infant room, one infant wearing a blue bib was sitting in a motion swing, making small arm and leg movements within the first few seconds of footage. As of 3:36pm onward, the infant appears to have fallen asleep in the swing, as evidenced by lack of movement of the infant's head, arms, and legs. The infant remains asleep in the swing for approximately 23 minutes until approximately 3:59pm, when arm movement is observed. The infant does not have a documented medical reason why they should not sleep in the recommended sleeping position by the American Academy of Pediatrics.

Correction Required: TIERED IS: 1.) 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. The portion of the plan shall have an immediate correction date. 2.) The director, assistant director, and representative(s) from executive leadership will participate in a virtual technical assistance session with the senior health management staff at PA Key to conduct a Root Cause Analysis to determine "next steps" for improving systemic issues regarding supervision and risk management. Discussions can include, but are not limited to, the topics of: active supervision, classroom management, anticipating children's movements, response to child injuries, and creating a safe environment for caring for infants. Prior to attending the TA meeting, the director, assistant director, and representative(s) from executive leadership will be required to watch the video of the incident from 3/10/26 and come to the meeting prepared to discuss. The correction date for this portion of the plan will be based on when this technical assistance training is to be scheduled.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: During a complaint investigation conducted on 3/24/26, based on information obtained during staff interviews, it was determined that on 3/3/26 an infant had been placed in their crib for a nap, a bib was observed around the infant's neck underneath their sleep sack.

Correction Required: TIERED LIS: 1.) Conditions at the facility may not pose a threat to the health or safety of the children. The portion of the plan shall have an immediate correction date. 2.) Director, Assistant Director, and all staff shall complete the following Better Kid Care training titled 'Reduce the Risk of SUID Through Safe Sleep Practices'. Proof of training will be submitted to the OCDEL Western Region Certification Rep upon completion and may be counted towards annual training hours. The operator shall provide a date for when this training will be completed.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: At approximately 1:45pm, during naptime in the Preschool Readiness Room where Staff #2 was positioned in the room they could not adequately supervise one of the napping children due to a child's table and chairs obstructing Staff #2's ability to see and assess that child who was napping.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The child file for Child #1 and Child #2 contained a current child service report that was dated Dec. 2025, and the previous report was observed to lack a date; therefore, it was unable to be determined if the child service reports were completed within six months of each other.

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

Regulation: 3270.124(c)

Description: Each child care space

Noncompliance Area: In the Infant Room, an emergency contact form was not present for Child #6 who was receiving care 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(a)

Description: Health information

Noncompliance Area: The child file for Child #4, who is an older toddler, was observed to lack a valid health report within 60 days following the first day of attendance at the facility.

Correction Required: The operator shall require the parent of an enrolled child, including a child, a foster child and a relative of an operator or a facility person, to provide an initial health report no later than 60 days following the first day of attendance at the facility.

Regulation: 3270.131(b)(2)

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

Noncompliance Area: The child file for Child #3, who is a preschool age child, was observed to contain an updated health report dated 2/4/26 which was conducted more than 12 months from the previously dated 1/28/25 health report on file.

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

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: In the PreK Room, an epi pen for Child #5 was observed to have expired as of 12/2025.

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label.

Regulation: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

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

Correction Required: The facility's current certificate of compliance shall be posted in a conspicuous location used by parents. The operator shall provide the parent of each child enrolled with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional childcare office.

Regulation: 3270.27(d)

Description: Plan posted

Noncompliance Area: The facility's emergency plan was observed not to be posted in a conspicuous location.

Correction Required: The operator shall post the emergency plan in the facility at a conspicuous location.

Regulation: 3270.31(e)(4)(i)

Description: Age and Training

Noncompliance Area: The staff file for Staff person #6 contained current pediatric first aid/CPR training dated October 2025 which was not renewed on or before the expiration of the previous training certificate on file dated August 2023.

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 staff file for Staff person #3 was observed to contain fire safety trainings that were conducted more than 12 months apart; those fire safety trainings are dated 10/7/25 and 8/9/24.

Correction Required: Staff persons shall participate, at least annually, in fire safety training conducted by a fire protection professional. Staff persons and volunteers shall receive training in maintenance of smoke detectors, the duties of facility persons during a fire drill and during a fire and the use of the facility's fire extinguishers, not including discharge of the fire suppressant agent.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The staff file for Staff person #1 contained current mandated reporter training dated 3/2/25 which was not renewed within 60 months from the previously existing mandated reporter certificate dated 12/26/19. The staff file for Staff person #2 contained current mandated reporter training dated 6/3/25 which was not renewed within 60 months from the previously existing mandated reporter certificate dated 4/17/20.

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

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

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

Noncompliance Area: The staff file for Staff person #4 and Staff person #5, who are functioning as an Assistant Group Supervisor, lacked proof of education.

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.