Tutor Time Child Care/learning Center

Regulation: 3270.106(f)

Description: 2 feet apart

Noncompliance Area: An occupied crib, located in the Infant room, did not have the required 2' of space on three (3) sides, as one (1) of the three (3) sides had 1'.

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)(5)

Description: Designated release persons

Noncompliance Area: The Agreement, in the files for Child #1, Child #2, Child #3, Child #4, Child #5, Child #6, Child #8, Child #9, and Child #10, did not specify the 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.

Regulation: 3270.123(a)(6)/3270.182(2)

Description: Admission date/Application, admission, withdrawal dates

Noncompliance Area: The Agreement, in the files for Child #4, Child #6, and Child #7, did not specify the date of the child's admission.

Correction Required: An agreement shall specify the date of the child's admission. A child's record shall contain the dates of application, admission and withdrawal of the child.

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The Emergency Contact form, in the file for Child #7, did not include the phone number of the physician or source of medical care. The Emergency Contact form, in the file for Child #9, did not include the phone number or address of the physician or source of medical care.

Correction Required: Emergency contact information must include the name, address and telephone number of the child's physician or source of medical care.

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The Emergency Contact form, in the file for Child #2, did not include the enrolling parent's work address or work phone number. The Emergency Contact form, in the file for Child #8, did not include the enrolling parent's work phone number.

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

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

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

Noncompliance Area: The Emergency Contact form, in the files for Child #3, Child #4, and Child #6, did not include the written consent signed by a parent 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: 3270.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: The Emergency Contact form, in the file for Child #4, did not include the health insurance coverage or policy number. The Emergency Contact form, in the file for Child #8, did not include the health insurance policy number. The Emergency Contact form, in the file for Child #9, did not include the health insurance coverage.

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.

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The Emergency Contact forms, in the files for Child #3, Child #4, Child #6, Child #7, and Child #10, did not include the release person's address.

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: 3270.131(b)(2)/3270.182(1)

Description: Toddler/preschool: updated health report every 12 months/Initial and subsequent health reports

Noncompliance Area: The two (2) most recent Health Assessments, in the file for Child #6, exceeded the 12-month requirement. An updated Health Assessment was not located in the file for Child #7, which exceeded the 12-month requirement.

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

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 two (2) most recent Health Assessments in the file for Staff #3 exceeded the 24-month renewal requirement.

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: 3270.182(5)

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

Noncompliance Area: The Emergency Contact form, in the files for Child #3, Child #4, and Child #6, did not contain signed parental consent for administration of minor first-aid.

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)/3270.192(2)(iii)

Description: Fire safety - 1 yr./Exp, educ., training at facility

Noncompliance Area: The file for Staff #10 contained documentation of Fire Safety training on 8.16.24 and 10.17.25, which exceeded the annual requirement.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The file for Staff #2 contained Child Abuse Clearances dated 3.8.18 and 3.21.23, which exceeded the 60-month renewal requirement. The file for Staff #3 contained Mandated Reporter trainings dated 12.30.20 and 1.21.26, which exceeded the 60-month renewal requirement. The file for Staff #11 (see IS Code Sheet) contained an NSOR Certificate dated 3.17.20, which exceeded the start date with children. The file for Staff #14 (see IS Code Sheet) contained an NSOR Certificate dated 11.6.20, which exceeded the start date with children. The file for Staff #14 contained NSOR Certificates dated 11.6.20 and 1.23.26, which exceeded the 60-month renewal requirement. The file for Staff #16 contained Mandated Reporter trainings dated 5.25.21 and 6.9.26, which exceeded the 60-month renewal requirement.

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

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The file for Staff #1 (see IS Code Sheet) did not contain an evaluation within 12 months of the start date. The files for Staff #2, Staff #3, Staff #4, Staff #5, Staff #6, Staff #7, Staff #8, Staff #11, Staff #14, Staff #16, Staff #17, and Staff #18 contained evaluations dated 7.5.24 and 9.29.25, which exceeded 12 months. The file for Staff #9 contained evaluations dated 8.21.24 and 9.29.25, which exceeded 12 months. The files for Staff #10 (see IS Code Sheet), Staff #12 (see IS Code Sheet), and Staff #13 (see IS Code Sheet) contained evaluations dated 9.29.25, which exceeded 12 months after start date. The file for Staff #15 contained evaluations dated 8.22.24 and 9.29.25, which exceeded 12 months.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: In an unlocked cabinet below the sink in the PK-A room, an 8 oz. bottle of Sanibet Sanitizer, which stated "Keep out of reach of children," was accessible to children in care.

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: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: The first-aid kit, in the YSA - OSA room, was located on the floor of an unlocked closet, which was accessible to children in care.

Correction Required: A first-aid kit must be inaccessible to children.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first-aid kit, located in the PS room, did not contain tweezers.

Correction Required: A first-aid kit must contain the following: soap, an assortment of adhesive bandages, sterile gauze pads, tweezers, tape, scissors and disposable, nonporous gloves.

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: In the PK-A room, a handwashing sign was not posted at either toilet. In the PS room, a handwashing sign was not posted at either toilet. In the Older Toddler room, a handwashing sign was not posted at either toilet.

Correction Required: A facility person and an able child shall wash his hands after toileting and before eating. A sign on which this requirement is written shall be posted at each toilet, training chair, diapering area and sink in the facility.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Based on the facility's self-report and staff statements, on 10/16/25 at approximately 9:30 am, child #1 was unsupervised in the classroom bathroom for a few minutes while the other children and staff exited the classroom during a fire drill. Staff #1, #2 & #3 were responsible for supervising the group of preschool aged children, including child #1 in the room prior to the fire drill. The staff had not been assigned supervision of specific children. None of the staff observed child #1 go inside the bathroom while the other children were lining up to leave the room. Child #1 was discovered to be in the bathroom by another staff who was assigned to check and clear all of the rooms during the fire drill.

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. TIERED LIS: 1. Children must be supervised at all times. This portion of the plan shall have an immediate correction date. 2. The legal entity will require all staff persons at the facility to complete a training regarding supervision that focuses on room transitions. The training must be offered by ELRC 5. The training may be virtual or in-person and must be a minimum of 2 hours in length. The training must be completed within 3 months of the approval of this plan of correction. The training must be approved by the Department prior to implementation. Upon completion of the training, staff training documentation will be provided to the OCDEL-DHS representative by email. The training may count towards the mandatory 12 training hours required by the Department. The operator shall provide a date for when this training will be complete.

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: Based on the facility's self-report and staff statements, on 10/16/25 at approximately 9:30 am, child #1 was unsupervised in the classroom bathroom for a few minutes while the other children and staff exited the classroom during a fire drill. Staff #1, #2 & #3 were responsible for supervising the group of preschool aged children, including child #1 in the room prior to the fire drill. The staff had not been assigned supervision of specific children. None of the staff observed child #1 go inside the bathroom while the other children were lining up to leave the room. Child #1 was discovered to be in the bathroom by another staff who was assigned to check and clear all of the rooms during the fire drill.

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: 3270.51

Description: Similar Age Level

Noncompliance Area: Based on the facility's self-report and staff statements, on 10/16/25 at approximately 9:30 am, child #1 was unsupervised in the classroom bathroom for a few minutes while the other children and staff exited the classroom during a fire drill. Staff #1, #2 & #3 were responsible for supervising the group of preschool aged children, including child #1 in the room prior to the fire drill. The staff had not been assigned supervision of specific children. None of the staff observed child #1 go inside the bathroom while the other children were lining up to leave the room. Child #1 was discovered to be in the bathroom by another staff who was assigned to check and clear all of the rooms during the fire drill.

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.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: Observed a torn seat cushion on a children's bench in the outside large muscle space. Observed a torn cushion in the village classroom.

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: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: Observed cots in the PS room that were not properly labeled for the use of a specific child. Observed a child in a crib in the infant room that was not labeled for the use of that child. another child's name was on the crib.

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.

Regulation: 3270.124(f)/3270.181(c)

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

Noncompliance Area: The files for children #1 - #4 and #6 contain emergency contact forms that were updated late. The forms were being updated every 9 to 12 months.

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: 3270.131(b)(2)/3270.182(1)

Description: Toddler/preschool: updated health report every 12 months/Initial and subsequent health reports

Noncompliance Area: The files for children #3, #5, and #6 contain health assessments that were updated late. #3 due 7/2024 and obtained 12/2024; #5 due 11/2024 and obtained 12/2024; # 6 due 1/2025 and obtained 6/2025.

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

Regulation: 3270.151(c)(5)/3270.192(3)

Description: Physician/CRNP assessment/Health assessment, TB test

Noncompliance Area: The health assessment on file for staff #3 indicated that she was NOT suitable to provide child care duties.

Correction Required: An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care. 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)

Description: Comply with CPSL

Noncompliance Area: Staff person #5 had not completed mandated reporter training within the 60 month window. This is evidenced by the previously documented mandated reporter training on file being dated 8/2019 and the updated one dated 2/2025.

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 file for staff #4 contains a NSOR clearance that was renewed late. It was due 1/2025 and obtained 3/2025.

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: 3270.37(c)

Description: Aides supervised all times

Noncompliance Area: Staff #1 and Staff #2 were observed to be caregivers in the YSA room at 10:45am without the direct supervision of a staff person qualified at minimum as an assistant group supervisor.

Correction Required: An aide or a combination of aides shall be supervised at all times by a staff person qualified at minimum as an assistant group supervisor.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed a hole in the wall in the Village classroom from the door hinge hitting into the wall. Observed the handle on the bathroom door in the YSA room to be broken. Observed the front door to the facility to not be closing properly. Observed 2 exposed toilet bolts on the toilets in the Early PS and YSA classrooms.

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: 3270.82(i)

Description: Lidded waste receptacles

Noncompliance Area: The waste can in the bathroom in the PS room lacked a lid.

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

Regulation: 3270.163(a)(4)

Description: Grain

Noncompliance Area: The lunch that was observed being served to children on 4/10/25 consisted of BBQ beef potato skins with cheese, carrots, blueberries and milk. The lunch did not contain a grain product.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: SELF REPORTED: The facility reported that staff #1 and staff #2 left child #1 unattended in the early toddler classroom for approximately 3 minutes when they transitioned to the village classroom, therefore, child #1 was unsupervised and ratio was not maintained in that instance.

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: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: SELF REPORTED: The facility reported that staff #1 and staff #2 left child #1 unattended in the early toddler classroom for approximately 3 minutes when they transitioned to the village classroom, therefore, each staff person did not know the whereabouts of the children in her assigned group. The staff persons were not physically present with the children in her group on the facility premises.

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: 3270.51

Description: Similar Age Level

Noncompliance Area: SELF REPORTED: The facility reported that staff #1 and staff #2 left child #1 unattended in the early toddler classroom for approximately 3 minutes when they transitioned to the village classroom, therefore, child #1 was unsupervised and ratio was not maintained in that instance.

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.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: Observed 2 torn pillows in the Village room and 1 torn block bag in the early PS room.

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: The files for children #1 -#4 contain written updates done by the parents on the agreements and emergency contact forms that exceeded 6 months.

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: 3270.131(a)/3270.182(1)

Description: Health information/Initial and subsequent health reports

Noncompliance Area: The file for child #1 contains an initial health assessment that was obtained late. It was due 9/2022 and obtained 1/2023.

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: 3270.131(b)(2)/3270.182(1)

Description: Toddler/preschool: updated health report every 12 months/Initial and subsequent health reports

Noncompliance Area: The file for child #2 contains a health assessment that was updated late. it was due 7/2023 and was obtained 11/2023.

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

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 files for staff #10, #13, #14, #15 contain health assessments that were obtained/updated late. #10 due 10/2022 and obtained 9/2023; #13 due 5/2024 and obtained 6/2024; #14 due 2/2023 and obtained 10/2023; #15 due 8/2023 and obtained 9/2023.

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: 3270.27(c)/3270.192(2)(iii)

Description: Training regarding plan/Exp, educ., training at facility

Noncompliance Area: The files for staff #5 and #8 lack verification of emergency plan training. The training was due 2/2024.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(e)(4)(ii)/3270.192(2)(iii)

Description: Fire safety - 1 yr./Exp, educ., training at facility

Noncompliance Area: The files for staff #5-#9 contain fire safety training that was updated late. #5-#8 was due 4/2024 and completed 6/2024; #9 was due 1/2023 and completed 11/2023.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(f)

Description: Health and Safety Training

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): 10 hours of health and safety training.

Correction Required: Staff person(s) shall complete professional development in the topics of 3270.31(f)(1 -- 10) within 90 days of hire. Staff person #1 will have until 8/29/24 to complete the required training. Until such time as the required training has been completed, staff person #1 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 #1, staff person #1 may not work in a child-care position at the facility.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: Staff #3 and Staff #9 completed first aid/cpr training late. #3 was due 1/2024 and completed 2/2024; #9 was due 11/2023 and completed 2/2024.

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 file for staff #11 contains mandated reporter training that was renewed late. It was due 12/2023 and obtained 6/2024.

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: Staff files #11 and #16 contain clearances that were updated late. the FBI, state police and child abuse clearances for staff #11 were due 12/2023 and obtained 6/2024; the state police clearance for #16 was due 5/2024 and obtained 6/2024.

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: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The files for staff #4 and #6 contain evaluations that were completed late. #4 was due 6/2023 and completed 7/2023; #6 was due 7/2023 and completed 8/2023.

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: 3270.35(b)(3)/3270.192(2)(ii)

Description: Associate's + 2 yrs/Exp, educ., training prior to facility

Noncompliance Area: The file for staff #2 lacks verification of 2 years of experience with children.

Correction Required: A group supervisor shall have an associate's degree from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field and 2 years of 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(b)

Description: No physical punishment

Noncompliance Area: According to staff statements, staff #1, on multiple occasions has pulled and tugged children's arms to redirect the child's behavior.

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

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: According to staff statements, staff #1, has restricted children by physically holding children in place or by the hand, to force the child to stay next to the staff.

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: 3270.124(f)/3270.181(c)

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

Noncompliance Area: The files for children #4, #5, #6 and #7 contained a parental written review and update of the emergency contact information and the financial agreement that exceeded a 6-month period.

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: 3270.124(f)/3270.181(c)

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

Noncompliance Area: The files for children #1, #2, #3 and #8 lacked a parental written review and update of the emergency contact information and the financial agreement at least once in a 6-month period. Each file was due for an update at various times, however, all 4 files are overdue at this time.

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: The files for staff #16, #18, #22, and #23 lack health assessments conducted within 12 months prior to providing initial service in a child care setting or have not renewed their health assessment that is on file within the past 24 months.

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(a)/3270.192(3)

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

Noncompliance Area: The files for staff #1, #6, #7, #8, #9, #13, #14, #15, #19, #20, #21 obtained health assessments late by either obtaining them after their initial start in child care service or renewing them beyond the 24 month expiration period.

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)(2)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: The file for staff #1 obtained a TB test late by obtaining after the staff's initial start in child care service.

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.

Regulation: 3270.151(c)(5)/3270.192(3)

Description: Physician/CRNP assessment/Health assessment, TB test

Noncompliance Area: The file for staff #11 contains a health assessment that lacks the physician's or CRNP's 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. 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: 3270.31(e)(4)(ii)/3270.192(2)(iii)

Description: Fire safety - 1 yr./Exp, educ., training at facility

Noncompliance Area: The files for staff #7, #8, #11 and #12 contain firesafety training conducted by a fire protection professional that was renewed late. It was not completed in 2022 but was done in 2021 and 2023.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(e)(4)(ii)/3270.192(2)(iii)

Description: Fire safety - 1 yr./Exp, educ., training at facility

Noncompliance Area: The files for staff #9 and #10 lack firesafety training conducted by a fire protection professional on an annual basis.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The file for staff #11 contains pediatric first aid and cpr that was renewed late. The training was due 4/2023 and done 7/2023.

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

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The files for staff #12, #15 and #17 contain health and safety update trainings that were completed late. The trainings were due 12/2022 and were completed 1/2023, 4/2023, and 9/2023.

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 file for staff #7 contains a mandated reporter training that was renewed late. it was renewed 8/2023 and was due 4/2023.

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 files for staff #1 and #2 indicate that they were improperly provisionally hired. Neither file contained a valid child abuse clearance. Both files contained FBI clearance requests that were initiated late. Both files contained NSOR clearance requests that were initiated late. Staff file #1 contained a criminal clearance that was obtained late.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Facility Persons #1 and #2 may not work in a child care position at the facility until all valid clearances are on file. 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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The files for staff #1 and #2 lack a valid child abuse clearance. Both staff were improperly hired provisionally without the child abuse clearance. The file for staff #7 lacks an updated child abuse clearance. The child abuse clearance for staff #7 was due 1/24/23.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Facility Persons #1 and #2 may not work in a child care position at the facility until valid clearances are on file 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.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The files for staff #7 and #9 contain a staff evaluations that were completed late. The evaluations were due 3/2023 and 5/2023 and were done 6/2023.

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)(iv)

Description: HS/GED + 2 yrs/Transcript, diploma and letters

Noncompliance Area: The files for staff #4 and #5 lack verification of a high school diploma or a general educational development certificate to qualify them as AGSs.

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 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.

Regulation: 3270.61(c)

Description: 40 square feet wall-to-wall

Noncompliance Area: On 9/21/23 at 7:45am, the early toddler room, room #7 had 12 children in care (7 OT, 5 YT). The capacity of the room is 11.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: A small area on the wall in the Village room was damaged.

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: 3270.82(i)

Description: Lidded waste receptacles

Noncompliance Area: The waste can in the bathroom in the Village room lacked a lid.

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

Regulation: 3270.113(a)(1)

Description: Staff assigned to specific children

Noncompliance Area: On 7/12/22, at approximately 11:15am, neither staff #1 nor staff #2 named one of the preschool -aged children in the classroom as part of 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.

Regulation: 3270.131(b)(1)/3270.182(1)

Description: Infant: updated health report every 6 months/Initial and subsequent health reports

Noncompliance Area: The file for child #1 lacks an updated health assessment.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddlerA child's record shall contain initial and subsequent health reports.

Regulation: 3270.131(d)(5)/3270.182(1)

Description: Immunization record/Initial and subsequent health reports

Noncompliance Area: The file for child #2 lacks verification of the flu vaccination.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP.A child's record shall contain initial and subsequent health reports.

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 files for staff #3 and #4 lack current health assessments. The file for staff #6 contains a health assessment that was updated one month late.

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: 3270.31(e)(4)(ii)/3270.192(2)(iii)

Description: Fire safety - 1 yr./Exp, educ., training at facility

Noncompliance Area: The file for staff #5 lacks updated fire safety training.

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.A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: Observed one bottle of a cleaning product accessible to the children on a counter in the school aged classroom.

Correction Required: Cleaning materials and other toxic materials shall be kept in an area or container that is locked or made inaccessible to children.

Noncompliance Area: Observed an exposed bolt on the gate in the fenced playground area.

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.

Noncompliance Area: The files for the following staff lack updated health assessments: #4, #7, #9, #10, and #12.

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: Staff files #12, #13, #16, and #17 lack annual emergency plan training.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Noncompliance Area: The files for staff #12, #13, #16, and #17 lack fire safety training.

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.A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Noncompliance Area: The files for the following staff lack updated mandated reporter training: #8, #11, and #14.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Noncompliance Area: The files for the following staff obtained NSOR clearances late: #4, and #7. Staff #15 was provisionally hired incorrectly. The NSOR clearance was applied for late. However, a current NSOR is on file for staff #15.

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 the criminal history record, the FBI clearance, the NSOR, the child abuse registry clearance information, and a copy of the disclosure statement as required under the CPSL.

Noncompliance Area: The file for staff #15 lacks 2500 hours of child care experience verification.

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.

Noncompliance Area: Observed weeds with sharp thorns on them on the playground along the fence line.

Correction Required: If unsafe areas or conditions are in or near an outdoor play space, fencing or natural barriers are required to restrict children from those unsafe areas or conditions.

Noncompliance Area: The waste can in the Early Tods bathroom at the sink was 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.

Noncompliance Area: The agreements in the files for the children lacked an operator's/director's signature.

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

Noncompliance Area: The service reports that were reviewed for the children were not signed by staff and were not dated.

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).

Noncompliance Area: The file for child #6 lacks a current health assessment. Child #6 is an infant.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddlerA child's record shall contain initial and subsequent health reports.

Noncompliance Area: The files for children #7, #8, and #9 lacked an updated flu vaccination verification.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP.A child's record shall contain initial and subsequent health reports.

Noncompliance Area: The file for staff #11 contains a health assessment that was obtained after initial service in the child care setting.

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: The file for staff #11 contains a TB test that was obtained after initial service in the child care setting.

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: The files for staff #1, #2, #3, #4, #7, #8, #9, #11, #12, and #14 lack two non-family references. Many of the references on file had nothing to do with the person's ability to serve as a facility/staff person.

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: The facility's current certificate of compliance and a copy of the applicable regulations under which the facility is certified was not posted in a conspicuous location used by parents.

Correction Required: The facility's current certificate of compliance and a copy of the applicable regulations under which the facility is certified shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional day care office posted at the same location.

Noncompliance Area: The file for staff #6 lacks verification of mandated reporter training.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Noncompliance Area: The file for staff #11 contains a Department of Education FBI clearance that is no longer acceptable by The Department of Human Services.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Facility Person # 11 may not work in a child care position at the facility until the correct FBI clearance is obtained. A facility person's record shall include the correct FBI clearance as required under the CPSL.

Noncompliance Area: The file for staff #1 lacks verification of education to qualify her as a group supervisor.

Correction Required: A group supervisor shall have attained one of the qualification levels specified at 3270.35(b)(1)-(4). A facility person's record shall include verification of child care experience, education and training prior to service at the facility.

Noncompliance Area: The files for staff #3 and #10 lack verification of education/experience to qualify them as assistant group supervisors.

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.

Noncompliance Area: Staff/facility person #1 has been named as a perpetrator in an indicated report of child abuse.

Correction Required: A facility person who has been named as perpetrator in a founded/an indicated report of child abuse may not be present in the facility.

Noncompliance Area: Based on a video that was observed from the infant room in 2017, and based on a statement made by Tutor Time management, staff #1 was disciplined for not adequately supervising children whenever she was on her cell phone.

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.

Noncompliance Area: Based on a September 2017 video that was observed by OCDEL and an outside agency, child #1 was physically disciplined when a boppy pillow was thrown on her face and she was also kicked by staff #1.

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

Noncompliance Area: The operator and/or staff person who had reason to believe that a child enrolled in the facility has been abused failed to report suspected child abuse to ChildLine as mandated by the CPSL.

Correction Required: An operator or a staff person who has reason to believe that a child enrolled in the facility has been abused is required to report suspected child abuse to ChildLine as mandated by the CPSL.

Noncompliance Area: Based on a September 2017 video that was observed by OCDEL and an outside agency, child #1 was physically disciplined when a boppy pillow was thrown on her face and she was also kicked by staff #1.

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