Up With Kids Childcare Center

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: In room G-05, a plastic, sliding drawer which held various toys, was cracked, not in good repair, and contained sharp edges. In room G-02, the middle section of the seat of a baby bouncer, which was made of material, was ripped and not in good repair. In room 202, a blue and white toy pet carrier contained cracked plastic which was not in good repair and contained sharp edges.

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: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The file for Staff #1 contained an NSOR Certificate dated 1.10.20, and none thereafter, which exceeded the 60-month renewal requirement The file for Staff #2 contained an NSOR Certificate dated 1.10.20, and none thereafter, which exceeded the 60-month renewal requirement. The file for Staff #3 contained an NSOR Certificate dated 10.22.20, and none thereafter, which exceeded the 60-month renewal requirement. The file for Staff #4 contained an NSOR Certificate dated 1.10.20, and none thereafter, which exceeded the 60-month renewal requirement. The file for Staff #5 contained an NSOR Certificate dated 1.16.20, and none thereafter, which exceeded the 60-month renewal requirement.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Staff #1, #2, #3, #4, and #5 may not work in a child care position at the facility.

Regulation: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: The boys' restroom, on the top floor, did not contain a handwashing sign at a urinal.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: Fire System testing was conducted on 12.15.25 and 1.15.26, which was 31 days between tests, exceeding the 30-day test requirement.

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: 3270.111(b)

Description: Posted in group space

Noncompliance Area: A written plan of daily activities was not posted in room G-05.

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

Regulation: 3270.123(a)

Description: Signed

Noncompliance Area: The initial agreement for child #4 was not signed by the parent.

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

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The Ages and Stages screening tool was used to provide information to the family about the child's growth and development, which is not accepted.

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: 3270.123(b)/3270.182(8)

Description: Parent receives original/Copy of initial and subsequent agreements. Parent receives original.

Noncompliance Area: The facility retained the original agreement for child #1, #2, #3, #4, #5 and #6.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement. A child's record shall contain a copy of the initial agreement and subsequent written agreements between the parent and the operator. The parent receives the original agreement.

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 record for child #3, who is a preschool child, contained a current health report dated more than 12 months following the date of their previous health report.

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: 3270.192(5)

Description: Two written references

Noncompliance Area: The record for staff #1 did not include two, written, nonfamily references from individuals attesting to the person's suitability to serve as a facility 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.

Regulation: 3270.27(e)

Description: Letter to parents

Noncompliance Area: The parent letter did not include the facility's emergency plan for accommodations for shelter of children during a lock-down; and accommodations for infants, toddlers, children with disabilities, and children with chronic medical conditions.

Correction Required: The operator shall provide to the parent of each enrolled child a letter explaining the emergency procedures. The operator shall also provide to the parent of each enrolled child a letter explaining any subsequent update to the plan.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The record for staff #2 included a current state police clearance dated 9/4/2024, which was more than 60 months following the date of their previous clearance on 6/17/2019; a current child abuse clearance dated 9/13/2024, which was more than 60 months flowing the date of their previous clearance dated 6/24/2019; and a current FBI clearance dated 9/6/2024, which was more than 60 months following the date of their previous clearance dated 6/22/2019.

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: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: The following cleaning materials and other toxic materials were labeled keep out of the reach of children and observed in areas accessible to children in care: A Swiffer Jet Mop containing cleaning fluid was leaning against the wall in room 204 and an open container of ice melt was sitting on the floor inside the entrance to the facility.

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: 3270.67(d)

Description: Contaminated trash in closed plastic-lined receptacle

Noncompliance Area: Trash that appeared to have been contaminated by human secretions was contained in an open receptacle in the hallway outside of the bathroom.

Correction Required: Trash that has been contaminated by human secretions or excrement shall be contained in closed, plastic-lined receptacles.

Regulation: 3270.72(d)

Description: Above ground window opening restricted to 6"

Noncompliance Area: All windows in the classrooms and the hallway on the 2nd floor were accessible to children and they were not constructed, modified or adapted to limit the opening to 6 or fewer inches.

Correction Required: Windows or doors above the ground floor that open directly to the outdoors and are accessible to children shall be constructed, modified or adapted to limit the opening to 6 or fewer inches.

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: A first-aid kit was observed in an unlocked storage container in the outdoor play space, 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 in room G-05 lacked adhesive bandages.

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: 3270.92(a)

Description: No portable space heaters

Noncompliance Area: A portable space heater was observed in the director's office.

Correction Required: Portable space heaters are not permitted.

Regulation: 3270.94(a)(1)

Description: Every 60 days

Noncompliance Area: A fire drill was not conducted at least once every 60 days between 10/17 to 12/17/2024.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at least once every 60 days.

Regulation: 3270.94(a)(2)

Description: Different times of day

Noncompliance Area: Fire drills were not conducted at different times of the day.

Correction Required: The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that fire drills are conducted at different times of the day or night, or both, if applicable.

Regulation: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The fire detection system was not tested at least once every 30 days between 3/14 to 4/16/2024 and 4/16 to 6/15/2024.

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: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: There was a broken red and green toy track in room G-5. There was a blue cracked bin in room 100. There was a blue cracked bin in room 102 There was a cracked clear bin with a cracked gray lid in room 202. There were 2 cracked clear bins in room 204. There were 2 clear cracked bins in room 207.

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(f)

Description: 2 feet apart

Noncompliance Area: There were 4 mats that did not have at least 2 feet of space on three sides in room. 100.

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: 3270.108(c)

Description: No styrofoam

Noncompliance Area: There were Styrofoam plates in room G-5.

Correction Required: Styrofoam cups and plates may not be used.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file for child #1,3,5,6 and 8 contained a current Child Service Report that was conducted more than 6 months apart.

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(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The file for child # 2 and 9 lacked the home addresses and work telephone numbers of the enrolling parent on the emergency contact form.

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

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The file for children # 2 lacked the address of the individual designated by the parent to whom the child may be released on the emergency contact form.

Correction Required: Emergency contact information must include the name, address and telephone number of the individual designated by the parent to whom the child may be released.

Regulation: 3270.124(f)/3270.181(c)

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

Noncompliance Area: The files for child # 1 and 4 contained an emergency contact form and an agreement form that were not reviewed within six months 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: 3270.131(a)

Description: Health information

Noncompliance Area: The file for child # 2 an infant contained a current health report dated 12/2023, that was obtained after 60 days. The file for child # 2 a preschooler contained a current health report dated 12/14/23, that was obtained after 60 days.

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

Regulation: 3270.131(b)(2)

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

Noncompliance Area: The file for child # 1 a preschooler contained a current health report dated 4/6/23. The report was obtained after 12 months the prior report was dated 3/17/23. The file for child # 6 a preschooler contained a current health report dated 1/17/24. The report was obtained after 12 months the prior report was dated 10/27/22. The file for child # 8 a preschooler contained a current health report dated 11/10/233. The report was obtained after 12 months the prior report was dated 8/10/22.

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

Regulation: 3270.151(a)

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

Noncompliance Area: The file for staff # 2 contained a current health assessment dated 12/7/23. It was not obtained within 24 months of the previous assessment dated 11/19/21.

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: 3270.161(c)

Description: Food served discarded

Noncompliance Area: There was a bottle with milk that was not discarded in the infant room.

Correction Required: Food that has been previously served to a person or returned from a table shall be discarded.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff #2 contained a current Child Abuse clearance dated 1/24/20, that was not obtained prior the first day of employment.

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 lacked a 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.

Regulation: 3270.65

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: There were 2 uncovered outlets accessible to children 5 years of age or younger in room 100.

Correction Required: Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: There was a ripped carpet creating a tripping hazard in room G-5. There was a cracked light switch cover in the indoor gross motor room. There was rubber base board pulling off the wall in room 100 in room 202 and on the hallway by room 202. The bottom of the door in room 100 was damaged and had exposed splinters.

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: There was peeling paint on the blue wall on back of the room in room 100. There was damaged plaster by the window in room 102.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: **Per staff statements, on 5/26/23, staff were unable to see, hear, asses and direct a group of four preschool-aged children who had gathered under the playground equipment for several minutes.

Correction Required: **The legal entity must arrange for and complete, Supervision Technical Assistance from their Early Learning Resource Center. The TA should include guidance on identifying and eliminating supervision blind spots in the child care and gross motor spaces.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: ***Per staff statements, on 5/26/23, staff were unable to see, hear, asses and direct a group of four preschool-aged children who had gathered under the playground equipment for several minutes.

Correction Required: ***The legal entity must create a written active supervision policy statement that includes the following regulations: 3290.4 (definition of supervise), and 3290.113 (Supervision of children). The policy must be approved by DHS. Each staff must review and sign the supervision policy and a copy of the policy shall be included in the facility's staff handbook.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: *Per staff statements, on 5/26/23, staff were unable to see, hear, asses and direct a group of four preschool-aged children who had gathered under the playground equipment for several 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.

Regulation: 3270.31(f)

Description: Health and Safety Training

Noncompliance Area: The file for Staff #1, contained the 1-hr, Pennsylvania Health and Safety Update 2022 certificate dated 4/2/23. The update was required to be completed by 12/30/22, per Announcement C-22-06. The file for Staff #2, contained the 1-hr, Pennsylvania Health and Safety Update 2022 certificate dated 3/7/23. The update was required to be completed by 12/30/22, per Announcement C-22-06. The file for Staff #4, contained the 1-hr, Pennsylvania Health and Safety Update 2022 certificate dated 3/3/23. The update was required to be completed by 12/30/22, per Announcement C-22-06.

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

Regulation: 3270.124(b)(5)

Description: Information re: special needs

Noncompliance Area: The emergency contact form in the file for Child #4 did not include information on the child's special needs.

Correction Required: Emergency contact information must include information on the child's special needs, as specified by the child's parent, physician, physician's assistant or CRNP, which is needed in an emergency situation.

Regulation: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: The most recent immunization records in the files for Child #2, 3 and 4 did not include documentation of a flu shot conducted within the past year or a letter of exemption from the parent or physician.

Correction Required: 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: 3270.135(a)(3)

Description: Disposable diapers

Noncompliance Area: The diaper disposal receptacles in the infant and toddler rooms were Diaper Genies, which are not approved by the department as a hands-free can.

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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The emergency plan for the facility did not include requirements for continuity of operations (backing up or retrieving health and other key records/files and managing financial issues such as paying employees and bills during the aftermath of the disaster).

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: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: The files for Staff Persons #1, 2, 3, 4, 5, 6, 9, 10, 11 and 12 did not include documentation of training in the 1-hour Health and Safety Update. The prescribed time frame for completion was 12/30/22.

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(c)(3)/3270.151(c)(5)

Description: Exam communicable disease/Physician/CRNP assessment

Noncompliance Area: The health assessment in the file for Staff Person #7 did not include an examination for communicable diseases and the results of that examination or the physician's or CRNP's assessment of the person's suitability to provide child care.

Correction Required: An adult health assessment must include an examination for communicable diseases and the results of that examination. An adult health assessment must include the physician's or CRNP's assessment of the person's suitability to provide child care.

Regulation: 3270.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: The first parental updates for the emergency contact form and fee agreement in the file for Child #1 were dated more than 6 months after the child's start date.

Correction Required: 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: 3270.27(a)(6)

Description: Emergency plan

Noncompliance Area: The facility did not have documentation that an emergency drill had been conducted for the most recent year: 12/19/21-12/19/22.

Correction Required: Emergency drills shall be conducted annually. Annual emergency drills shall be documented and on file at the facility.

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

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

Noncompliance Area: The initial emergency plan training in the file for Staff Person #7 (1/31/23) was more than 90 days after the staff person's start date (See LIS Code Sheet).

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 most recent annual fire safety trainings in the file for Staff Person #5 exceeded one year between trainings: 11/1/21-1/5/23. The first annual fire safety training in the file for Staff Person #10 (1/5/23) was more than one year after the Staff Person's start date (See LIS Code Sheet).

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 #11 has acceptable pediatric first aid/CPR training in an approved curriculum; however, the trainer has not provided documentation that they are PQAS-certified in that training topic.

Correction Required: Staff persons shall complete professional development in the topics of 3270.31(f)(10) within 90 days of hire. Staff person #11 must receive pediatric first-aid/CPR training in an approved curriculum by a PQAS-certified trainer. Until such time as the correction is implemented, staff person #11 must be supervised, when interacting with children, by an AGS or higher who has completed the required training related to this citation. If there are no staff available to supervise staff person #11, staff person #11 may not work in a child-care position at the facility.

Regulation: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: The most recent Mandated Reporter Trainings in the file for Staff Person #3 exceeded 60 months between trainings: 6/11/15-7/2/20.

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 statements in the files for Staff Persons #7, 8, 9, 12 and 14 were on an outdated form that was no longer valid when staff were hired. The disclosure statement in the file for Staff Person #13 is on a volunteer form. The most recent Child Abuse clearances in the file for Staff Person #1 exceeded 60 months between clearances: 6/16/15-8/28/20. The file for Staff Person #7, who has been working for more than 45 days (See LIS Code Sheet) did not contain an NSOR Certificate.

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 #7 may not work at the facility.

Regulation: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: The most recent staff evaluations in the files for Staff Persons #5, 6 and 11 exceeded one year between written evaluations. Staff Person #5: 6/18/20-7/20/22 Staff Person #6: 7/19/21-1/19/23 Staff Person #11: 11/28/20-1/3/23. The file for Staff Person #10 did not have documentation of a written evaluation for the past 12 months (1/25/22).

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

Regulation: 3270.62(b)

Description: Play space - 65 square feet/child

Noncompliance Area: On the day of the inspection, Cert Rep observed 24 Preschool children playing in the gross motor room, which has a maximum capacity of 20.

Correction Required: Outdoor or indoor play space shall be measured at 65 square feet per child.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: Observed by the window in Room 204, wall heater cover was separating from the wall, which creates a potential pinch 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: 3270.82(h)

Description: Handwashing signs

Noncompliance Area: The second floor boy's restroom lacked a handwashing sign above one urinal and one toilet. The second floor girl's restroom lacked a handwashing sign above two of the toilets.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The facility was not documenting fire system checks conducted a minimum of every thirty 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.

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): Health and Safety training topics 1-9.

Correction Required: Staff persons shall complete professional development in the topics of 3270.31(f)(1 -- 10), within 90 days of hire. Staff person #1 will have until 12/1/22 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: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Per staff statements, Staff #1 placed Child #1 in the church nursery room, which is not a measured child care space. The child was unattended, with the door locked for approximately 10-15 minutes at a time on several occasions to allow the child to calm down. Staff #1 also placed Child # 2 unattended, in the nursery room for redirection at times.

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(e)

Description: Restraints prohibited

Noncompliance Area: *Per staff statements, Staff #1 placed Child #1 in the church nursery room, which is not a measured child care space. The child was unattended, with the door locked for approximately 10-15 at a time on several occasions to allow the child to calm down. Staff #1 also placed Child # 2 unattended, in the nursery room for redirection at times.

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

Regulation: 3270.113(e)

Description: Restraints prohibited

Noncompliance Area: **Per staff statements, Staff #1 placed Child #1 in the church nursery room, which is not a measured child care space. The child was unattended, with the door locked for approximately 10-15 at a time on several occasions to allow the child to calm down. Staff #1 also placed Child # 2 unattended, in the nursery room for redirection at times.

Correction Required: ** The legal entity must arrange for all facility staff to receive a minimum of two hours of in person training from the ELRC, regarding the managing of challenging behaviors in children. The legal entity must receive DHS approval of the training content prior to scheduling the training. All facility staff should complete the training within 60 days.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: Per staff statements, the Preschool room was left out of ratio on several occasions when staff #1 left the 2nd preschool staff in the room to take one child into the hall or another room. The room would be out of ratio for 3-15 minutes at a time.

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. IF USING TIERED LIS: The required staff:child ratios must be maintained at all times. The legal entity must submit documentation in a format approved by DHS proving that the facility is maintaining the required staff:child ratios at all times. The legal entity will confirm continuing compliance by sending copies of the documentation to the -------- Region Office on a weekly basis for a period of three months after DHS approves the documentation format.

Regulation: 3270.111(b)

Description: Posted in group space

Noncompliance Area: A written plan of daily activities was not posted in the School-Age Room.

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

Regulation: 3270.131(b)(2)

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

Noncompliance Area: The file for Child #4 contained a most recent health report dated more than 12 months ago.

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

Regulation: 3270.131(d)(7)

Description: Free from contagious/communicable disease

Noncompliance Area: The file for Child #5 contained a health report which lacked a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Correction Required: A health report shall include a statement that the child is able to participate in child care and appears to be free from contagious or communicable disease.

Regulation: 3270.131(e)(1)

Description: Exemption documentation from parent/guardian

Noncompliance Area: The files for Child #1, #2 and #3 contained records of immunization history which lacked current influenza vaccinations.

Correction Required: 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: 3270.151(a)

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

Noncompliance Area: The fileS for Staff #1 and #6 contained consecutive health assessments 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: 3270.25(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: The posted regulations were observed not to be current.

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

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 contained consecutive fire safety trainings dated more than 12 months apart.

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)(10)/3270.192(2)(iii)

Description: Health and Safety Training - Pediatric First Aid and CPR/Exp, educ., training at facility

Noncompliance Area: The files for Staff #2 and #4 contained documentation of certification in pediatric first aid and pediatric cardiopulmonary resuscitation dated more than 90 days after the first days of employment.

Correction Required: Staff persons shall complete professional development in pediatric first aid and pediatric cardiopulmonary resuscitation within 90 days of hire.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(h)/3270.192(2)(iii)

Description: Health and Safety Training/Exp, educ., training at facility

Noncompliance Area: The files for Staff #3 contained documentation of health and safety training numbers 1 - 9, as listed in the regulation 3270.31(f), which was dated more than 90 days after hire. The file for Staff #5 lacked documentation of health and safety training numbers 1 - 9, as listed in the regulation 3270.31(f).

Correction Required: All staff persons shall complete the professional development under subsection (f). 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)/3270.192(2)(iii)

Description: Comply with CPSL/Exp, educ., training at facility

Noncompliance Area: The files for Staff #2 and #5 contained documentation of mandated child abuse reporter training completed more than 90 days after the first days of employment.

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.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for Staff #2 contained an FBI clearance containing a charge which lacked a disposition. The file for Staff #4 contained a child abuse and NSOR clearance dated after the first day of employment.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Staff #2 must be supervised for a period of 30 days or until disposition is obtained. Staff #2 must be removed from the facility if after 30 days the disposition is not obtained.

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

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

Noncompliance Area: The file for Staff #2, designated as an AGS, contained documentation of 2 years of experience with children yet lacked a high school diploma or GED.

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

Regulation: 3270.66(b)

Description: Original container

Noncompliance Area: A spray bottle reported to contain toxic cleaning solution was observed to be unlabeled, hanging on the top of the stall in the boys' bathroom upstairs.

Correction Required: Cleaning materials and other toxic materials shall be stored in an original labeled container or in a container that specifies the content. Toxics shall be stored away from food, food preparation areas and child care spaces.

Regulation: 3270.75(c)

Description: Has all items

Noncompliance Area: The first-aid kit in the gross motor room was observed to lack sterile gauze.

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: 3270.76

Description: Building Surfaces

Noncompliance Area: Animal feces were observed on the ground of both playgrounds.

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(h)

Description: Handwashing signs

Noncompliance Area: Handwashing signs were not posted at the urinal in the boys' bathroom upstairs, nor at 1 sink in the boys' bathroom upstairs.

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: 3270.95(a)/3270.95(b)

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

Noncompliance Area: The proof of purchase for the interconnected fire detection system was not available at the time of inspection.

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.