The Devine School

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During the renewal inspection on 12/4/25 Staff # had an outdated state police clearance dated 8/29/20, outdated child abuse dated 8/2/20, and an outdated NSOR clearance dated 9/10/20. Staff #2 had an outdated FBI clearance dated 10/21/20. Staff #3 had an outdated NSOR clearance dated 11/12/20. Making them more than 5 years since the last update.

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, 2 & 3 may not work in a childcare position at the facility.

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: Child #1 is missing 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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The facility does not have a policy to address continuity of operations.

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: 3270.171(a)

Description: Pick-up and drop-off points

Noncompliance Area: The operator has not notified the local traffic authorities annually in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the childcare facility.

Correction Required: An operator shall notify local traffic safety authorities annually in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the child care facility.

Regulation: 3270.182(3)/3270.182(5)

Description: Consent for emergency medical care required prior to admission/Consent for administration of minor first-aid required prior to admission

Noncompliance Area: Child #2 is missing signed parental consent for emergency medical care and minor first-aid.

Correction Required: A child's record shall contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission. 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: 3270.76

Description: Building Surfaces

Noncompliance Area: Cert Rep observed rust on the wall in the middle stall of the bathroom in the PreK room.

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: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: On 9/13/24 staff #1 left child #1 unsupervised in the outdoor play space for approximately 5 minutes.

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. Children must be supervised at all times. 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: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: On 9/13/24 staff #1 left child #1 unsupervised in the outdoor play space for approximately 5 minutes.

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. The legal entity must arrange for all facility staff to receive a minimum of two hours of PQAS training regarding supervision of children.

Regulation: 3270.95(b)

Description: Director or designated staff person ensure compliance

Noncompliance Area: Operator tested the fire system on 5/13/24 and again on 6/26/24 which is a span of 44 days. The system was tested on 7/24/24 and again on 8/27/24 which is a span of 34 days. Which exceeds the requirement of testing every 30 days.

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

Description: Immunization record/Dismissal policy

Noncompliance Area: Child 1 did not have the flu shot on file.

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).

Regulation: 3270.133(5)

Description: Original label

Noncompliance Area: During the annual inspection on 12/20/2023, in the school age room, the medication Zyrtec was expired. It had the expiration date of 10/2023.

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

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff person #2 has not completed the following required pre-service training within 90 days of their date of hire (see LIS code sheet): Get Started in Center Based Care-Revised 2022.

Correction Required: Staff persons shall complete professional development within 90 days of hire as listed in subsections (f). Staff person 2 will have until 11/28/2023 to complete the required training. Until such time as the required training has been completed, staff person #2 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 #2, staff person #2 may not work in a child-care position at the facility.

Regulation: 3270.31(f)(10)

Description: Health and Safety Training - Pediatric First Aid and CPR

Noncompliance Area: Staff person #1 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. Staff 3 had an expired pediatric first aid/cpr training on file.

Correction Required: Staff persons 1 and 3 shall complete professional development in the topics of 3270.31(f)(10) within 90 days of hire. Staff persons #1 and 3 will have until 11/28/2023 to complete the required training. Until such time as the required training has been completed, staff person #1 and 3 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 persons #1 and 3, staff persons #1 and 3 may not work in a child-care position at the facility.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: Child 1 was observed to be alone with his speech therapist. Upon review of files, it was observed that child 1 did not have an agreement between parents and facility that he could be alone with the speech therapist.

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(f)/3270.181(c)

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

Noncompliance Area: Child 1's emergency form and fee agreement are currently up to date. However, the emergency form and fee agreement were updated on 6/24/2021 and then again on 1/6/2022, making it more than 6 months during that time frame.

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(b)

Description: Conducted by physician, PA or CRNP

Noncompliance Area: Staff 1 did not have a health assessment that was documented and signed by a physician, physician's assistant or CRNP.

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.

Regulation: 3270.182(3)/3270.182(5)

Description: Consent for emergency medical care required prior to admission/Consent for administration of minor first-aid required prior to admission

Noncompliance Area: Child 2 didn't have updated permission for emergency medical and minor first aid on file.

Correction Required: A child's record shall contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission. 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: 3270.192(5)

Description: Two written references

Noncompliance Area: Staff 1 did not have two letters of reference on file.

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: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The facility did not have electronic means for parents to access regulations. The facility also did not have contact information on file for DHS.

Correction Required: 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 child care office.

Regulation: 3270.27(b)

Description: Plan reviewed/updated annually

Noncompliance Area: Emergency plan was last reviewed on 7/8/2021.

Correction Required: The operator shall review the emergency plan at least annually and update the plan as needed. The operator shall document in writing each review and update of the emergency plan and kept on file at the facility.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: During an inspection on 6/30/2022, the facility had more than 30 days between alarm testing. Alarm testing occurred on 5/16/2022 and then again on 6/28/2022.

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: 3270.21/3270.119

Description: General Health and Safety/Infant sleep position

Noncompliance Area: During a complaint investigation, it was found that on 5/19/2022 child 1 was placed on a mat on her stomach. Child 1 is 10 months old. The mat that the child was laying on was also under a microwave, which also posed a hazard as hot drinks and food can be pulled from the microwave. It was also found during the complaint investigation that hot water was pulled from the microwave and spilled onto the child.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.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. Facility will review the infant safe sleep policy with all staff during a staff meeting. The meeting agenda, with staff signatures stating that they understand infant safe sleep policies, will be forwarded to certification representative upon completion of the meeting.

Regulation: 3270.21/3270.119

Description: General Health and Safety/Infant sleep position

Noncompliance Area: During a complaint investigation, it was found that on 5/19/2022 child 1 was placed on a mat on her stomach. Child 1 is 10 months old. The mat that the child was laying on was also under a microwave, which also posed a hazard as hot drinks and food can be pulled from the microwave. It was also found during the complaint investigation that hot water was pulled from the microwave and spilled onto the child.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.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 facility will have all staff take a 1hour training through Better Kid Care titled Infant-Toddler Care: Safety. The training will not count towards the 12 hours of annual training. Proof of staff taking the training, such as training certificates, will be sent to the certification representative upon completion of the training.

Regulation: 3270.21/3270.69(b)

Description: General Health and Safety/110º F or less

Noncompliance Area: During a complaint investigation, it was determined through video evidence and staff interviews, that hot water was spilled onto a 10 month old child during nap time. The incident occurred on 5/19/2022. The hot water was pulled out of a microwave which was near the child's mat. When it was pulled out of the microwave, staff 1 accidentally spilled it onto the child.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.Hot water temperature, in areas accessible to children, may not exceed 110° F.

Regulation: 3270.21/3270.69(b)

Description: General Health and Safety/110º F or less

Noncompliance Area: During a complaint investigation, it was determined through video evidence and staff interviews, that hot water was spilled onto a 10 month old child during nap time. The incident occurred on 5/19/2022. The hot water was pulled out of a microwave which was near the child's mat. When it was pulled out of the microwave, staff 1 accidentally spilled it onto the child.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children.Hot water temperature, in areas accessible to children, may not exceed 110° F. A staff meeting will be conducted where staff 2 will review the importance of ensuring that hot water in excess of 110 degrees is not accessible to children. A staff meeting agenda, with signatures of all facility staff, stating that regulation 3270.69 was reviewed with staff will be forwarded to OCDEL.

Regulation: 3270.111(b)

Description: Posted in group space

Noncompliance Area: The preschool room did not have a daily schedule posted.

Correction Required: The written plan of daily activities shall be posted in the group space.

Regulation: 3270.123(a)

Description: Signed

Noncompliance Area: Facility did not sign the fee agreement for child 3.

Correction Required: An agreement shall be signed by the operator and the parent.

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

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

Noncompliance Area: Children 1 and 2 did not have updated immunizations on file. Child 1 needed an additional DTAP immunization. Child 2 did not have the recommended amount of doses for the DTAP, HiB, Varicella and Hepatitis A. Child 3 did not have immunizations on file and was past 90 days (90 days due to COVID-19 regulation suspensions) since the date of admission. No exemptions were one file.

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.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.

Regulation: 3270.136(d)

Description: Communicate report to DOH

Noncompliance Area: During the annual renewal inspection on 12/13/2021, facility stated that there was previous COVID-19 cases at the facility and they were not aware that they needed to report them to OCDEL.

Correction Required: A facility person who knows of a communicable disease for which 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases) requires reporting, or who knows of a group expression of an illness which may be of public concern, whether or not it is known to be of a communicable nature, shall report it promptly to the appropriate division of the Department of Health as specified in Chapter 27, or to a local department of health.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility was not able to locate the receipt for the fire alarm system. The facility did not document monthly fire alarm testing.

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.

Noncompliance Area: Staff have not been checking Child #1's diaper every 2 hours or as needed. Child #1 is non verbal and is unable to let the staff know when he needs to be changed.

Correction Required: A staff person shall check a child's diaper at least every 2 hours and whenever the child indicates discomfort or exhibits behavior that suggests a soiled diaper. A staff person shall change a child's diaper when the diaper is soiled.

Noncompliance Area: Facility persons #9 & 10 did not know what children were assigned in their group.

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.

Noncompliance Area: Child #1 & 2 are missing persons designated by a parent to whom the child may be released.

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

Noncompliance Area: Child #1 & 2 are missing emergency contact information.

Correction Required: Emergency contact information is required for each enrolled child. Emergency contact information must reference who shall be contacted in an emergency.

Noncompliance Area: Child #1 is missing the name, address and 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.

Noncompliance Area: Child #1 is missing health insurance coverage and 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.

Noncompliance Area: Facility person #1, 2, 3, 4, 5, 6, 7, 8 & 9 are missing verification of child care experience.

Correction Required: A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Noncompliance Area: Facility person #2 does not have proof of request for the National Sex Offender Registry (NSOR)clearance, date of hire 10/14/19. Facility person #4 does not have proof of request for the NSOR clearance, date of hire 11/14/19. Facility person #8 does not have proof of request for the NSOR clearance, date of hire 11/4/19.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person #2, 4, & 8 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: Facility person #1 & 2 admitted that at times they are out of ratio in the toddler room in the morning until another staff comes in the classroom.

Correction Required: 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: Facility person #2 has a health assessment that does not include the 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.

Noncompliance Area: Facility person #1 is missing an updated annual written evaluation.

Correction Required: A director is responsible for written evaluation of staff persons on a regular basis, a minimum of one evaluation every 12 months.

Noncompliance Area: The first two bathroom stalls in the preschool room have several areas of rust on the bottom of the metal walls. The first bathroom stall in the gym has several areas of rust on the bottom of the metal wall. The first 2 bathroom stalls have several areas of rust on the bottom of the metal wall.

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.

Noncompliance Area: The 2 waste receptacles near the sink in the toddler room are missing lids. The 2 waste receptacles near the sinks in the preschool room are missing lids. The waste receptacle near the sink in the gym is missing a lid. The waste receptacle near the sink by the door is missing a lid.

Correction Required: A toilet area, training chair area, diapering area and sink area shall be equipped with a clean, lidded waste receptacle.