Tender Care Learning Center-monroeville

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: A bin in the Toddler Room on a 3 x 3 wooden shelf with Play-Doh was dirty with dried Play-Doh and a dried white liquid.

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: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: The last two fire safety trainings in the file for Staff #1 (Dated: 02.17.2025 and 03.03.2026), #2 (Dated: 01.06.2025 and 03.03.2026) and #3 (Dated: 06.27.2025 and 07.08.2026) dated more than one year apart. (SEE LIS CODE SHEET)

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: 3270.124(c)

Description: Each child care space

Noncompliance Area: The pre-school room lacked the required emergency contact information for the children receiving care in the 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: 3270.131(a)/3270.182(1)

Description: Health information/Initial and subsequent health reports

Noncompliance Area: The initial health assessment for Child File #1 was dated 04/2025 which is more than 60 days from the first day of attendance at the facility. (SEE LIS CODE SHEET)

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. A child's record shall contain initial and subsequent health reports.

Regulation: 3270.151(a)

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

Noncompliance Area: The two most recent health assessments for Staff #1 (Dated: 03.12.2023) and (04.08.2028) were dated more than 24 months apart.

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: 3270.21

Description: General Health and Safety

Noncompliance Area: In the Pre-School Room was a pair of adult scissors that were accessible to children posing a cutting or puncture hazard.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The PA State Police clearance in the file(s) for #2 was dated 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). 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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: There are areas on the outdoor play equipment with excessive dirt and moss on it. The soft blocks/pillows in the toddler room have rips/tears in the corners.

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: On the shelf next to the tables in the toddler room, there were several items accessible to the younger and older toddlers that were labeled for children ages 3 and up, including play dough and ink pads. The small gray couch in the toddler room has a tear on the arm exposing foam 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: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: During nap time ratio check, the mats in the transitional preschool space were less than 2 feet apart.

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: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file for Child #1 lacked a current child service report. The most recent report was dated January 2024.

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: 3270.134(a)

Description: Child's hands washed

Noncompliance Area: The children in the transitional preschool group were not observed to wash their hands before eating lunch.

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

Regulation: 3270.135(a)(3)

Description: Disposable diapers

Noncompliance Area: Staff person #1 did not immediately dispose of the soiled diaper when changing the child's diaper.

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: 3270.152

Description: Adult Hygiene

Noncompliance Area: Staff Person #2 was not observed to wash their hands before serving lunch to the transitional preschool group.

Correction Required: A facility person shall wash his hands before meals and snacks, and after toileting and after diapering a child.

Regulation: 3270.66(c)

Description: Toxic use- no contamination

Noncompliance Area: Disinfectant labeled "keep out of reach of children" were stored in a cupboard in the restroom next to items used for changing children's diapers/pull ups. Goo-Gone was also stored in a cabinet in the toddler area next to items used for diaper changes.

Correction Required: Cleaning materials and other toxic materials shall be used in a way that does not contaminate play surfaces, food, food preparation areas and does not constitute a hazard to the children.

Regulation: 3270.66(d)

Description: Toxic plants not permitted

Noncompliance Area: There were 3 plants identified to be toxic to children in the infant, toddler, and preschool rooms.

Correction Required: Toxic plants are not permitted in a child care space.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: There was a nail/screw protruding from the building next to the sand table in the outdoor toddler area. The jagged edge on the thin wire reinforcement at the bottom of the chain linked fence in the outdoor preschool play area next to the tree line is sharp and hazardous. The black edging on the preschool side of the fence separating the outdoor play areas is not connected presenting a tripping hazard. The artificial turf in the preschool play area is loose along the seam presenting a tripping 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: The picnic table in the preschool play area has peeling paint on the surface. The cabinet under the changing table in the toddler room had chipping paint on the surface.

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

Regulation: 3270.82(g)

Description: Clean and good repair

Noncompliance Area: The toilet in the last stall of the restroom has a loose toilet seat.

Correction Required: Toilet areas and fixtures shall be cleaned daily and be in good repair.

Regulation: 3270.95(a)

Description: Devices must be compliant

Noncompliance Area: Testing of the fire alarm system exceeded 30 days between 4/5/24 and 5/8/24 and between 5/8/24 and 6/10/24.

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)).

Regulation: 3270.123(a)(5)

Description: Designated release persons

Noncompliance Area: The agreement in the file for child #1 through #4 did not list the release persons.

Correction Required: An agreement shall specify the persons designated by a parent to whom the child may be released.

Regulation: 3270.124(b)(4)/3270.182(3)

Description: Written consent/Consent for emergency medical care required prior to admission

Noncompliance Area: The most recent emergency contact information in the file for child #2 did not include signed parental consent for emergency medical care.

Correction Required: Emergency contact information must include the written consent signed by a parent for emergency medical care. A child's record shall contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission.

Regulation: 3270.131(a)(3)/3270.182(1)

Description: Initial health report for older toddler/preschool no more than 1 year/Initial and subsequent health reports

Noncompliance Area: The last two health reports in the file for child #5, who is a preschooler, were 12/30/21 and 6/2/23.

Correction Required: The initial health report for an older toddler or preschool child shall be dated no more than 1 year prior to the first day of attendance at the facility. 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: The 1 hour health and safety training in the file for staff person #8 and #9, both hired before 10/4/22, were dated 7/24/23 and 7/14/23 respectively.

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)/3270.192(3)

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

Noncompliance Area: The last two health assessments in the file for staff person #1 were dated 5/21/21 and 6/9/23. The last two health assessments in the file for staff person #7 were dated 11/12/20 and 11/22/22.

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)(3)

Description: Exam communicable disease

Noncompliance Area: The health assessment in the file for staff person #6 did not include an examination for communicable diseases and the results of that examination.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination.

Regulation: 3270.151(c)(5)

Description: Physician/CRNP assessment

Noncompliance Area: The health assessment in the file for staff person #6 did not include an assessment of the person's suitability to provide child care.

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: 3270.182(5)

Description: Consent for administration of minor first-aid required prior to admission

Noncompliance Area: The most recent emergency contact information in the file for child #2 did not include signed parental consent for emergency medical care.

Correction Required: A child's record shall contain signed parental consent for administration of minor first-aid procedures by facility staff. Written consent is required prior to admission.

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

Description: Fire safety - 1 yr.

Noncompliance Area: The last two fire safety trainings in the file for staff person #4 were dated 3/14/22 and 5/10/23. The last fire safety training in the file for staff person #5 was 8/19/22.

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: The 10 hour health and safety training in the file for staff person #2, hired on (SEE LIS CODE STREET), was dated 3/14/23, which was more than 90 days beyond their first day working with children.

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

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The last mandated reporter training in the file for staff person #5 was dated 8/9/18. The last two mandated reporter training in the file for staff person #8 were dated 9/3/17 and 9/29/22.

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 disclosure statement in the file for staff person #2, who began working with children on (SEE LIS CODE SHEET), was dated 10/24/22, which was after the individual began working with children. The disclosure statement in the file for staff person #3 was not dated, so timeliness could not be assessed. The last two state police clearances in the file for staff person #8 were dated 8/9/17 and 6/12/23. The last two child abuse clearances in the file for staff person #8 were dated 8/14/17 and 9/12/22.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: In the rear left side of the toddler room, the garbage can next to the refrigerator had visible small stains that looked like liquid had dripped down the outside of it. The side of the regrigerator had food stuck to the side of it, as well as, what tooked like small areas of liquid had splashed. The front surface of the cabinet door under the diaper table in the front of the toddler room was peeling.

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: 3270.91(a)

Description: Stairs, exits, etc. unobstructed

Noncompliance Area: The door leading from the infant room to the main bathroom was locked from the other side, so it could not be opened from inside the infant room. The bathroom serves as a means of egress to the front room of the facility.

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

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: There was one time in the last year when the smoke alarms were tested 31 days apart: 7/7/23 and 8/7/23.

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: In the toddler room, there were sponge paint brushes, sponge letters and foam peg boards on low shelves, making them accessible to the toddlers in care at the time. Teeth marks could be seen on the peg boards. In the infant room, there were a few loose foam puzzle pieces on the floor, making them accessible to the mobile infants who were in care at the time.

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: 3270.123(a)(6)

Description: Admission date

Noncompliance Area: The most recent agreement in the file for child #2 did not specify the date of admission.

Correction Required: An agreement shall specify the date of the child's admission.

Regulation: 3270.124(f)/3270.181(c)

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

Noncompliance Area: The emergency contact form in the file for child #2 appeared to be dated ahead of time by staff with the date of 6.30.22, and the parents then added their signature, therefore, timeliness of the parental review could not be determined.

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 informationA 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: 3270.131(e)(2)(i)

Description: Exemption documentation from parent/guardian

Noncompliance Area: There was no evidence of a flu shot for child #1, who is older than 6 months. The file did not include a written statement of exemption by a parent.

Correction Required: 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: 3270.151(a)/3270.192(3)

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

Noncompliance Area: The last two health assessments in the file for staff person #1, #2 and #3 were dated more than 24 months apart.

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: 3270.192(5)

Description: Two written references

Noncompliance Area: The file for staff person #4 did not include 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

Regulation: 3270.27(a)(5)

Description: Emergency plan

Noncompliance Area: Based on review of the facility's emergency plan, there were no accomodations for infants and toddlers.

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: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The first-aid/CPR training in the file for staff person #6 was dated beyond their first 90 days at the facility.

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

Regulation: 3270.33(a)/3270.35(b)(1)

Description: Each staff person meets quals/Bachelor's

Noncompliance Area: There was a bachelor of science diploma in the file for staff person #5, who held the title of GS, but the diploma did not specify what the degree was in.

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 group supervisor shall have a bachelor's degree from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field.

Regulation: 3270.61(c)

Description: 40 square feet wall-to-wall

Noncompliance Area: At approximately 2:30 pm, 46 children were observed in the preschool room, which has a capcity of 40. 14 preschoolers were eating snack, 10 preschoolers were lined up at the bathroom and 22 school-agers were reading or playing.

Correction Required: Indoor child care space is measured within permanent stationary partitions or walls. The allowable number of children in a space is determined by dividing the total square feet in a space by 40.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: A small bottle of bubbles was observed in the back left corner of the preschool room in an unzipped bookbag. A small bottle of hand sanitizer was observed in an unlocked wooden locker at the rear of the preschool room. Both items included instructions to keep out of the reach of children and were accessible to the preschoolers and schoolagers in care at the time.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: There was one time in the last 12 months where the fire detection system was tested at slightly more than 30 days.

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