Ups And Downs Day Care

Regulation: 3270.151(a)/3270.192(3)

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

Noncompliance Area: At time of renewal, Staff #4 file did not contain an initial health assessment, including results of tuberculosis testing. Staff #1 file did not contain a health assessment (only results of tuberculosis testing was on file). Staff #2 file did not contain a health assessment dated within 24 months. Staff #2 health assessment was dated 1/16/23. Staff #6 file did not contain a health assessment.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. A facility person's record shall include a written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis.

Regulation: 3270.192(1)/3270.192(2)(i)

Description: Name, address, and phone/Age

Noncompliance Area: At time of renewal, Staff #5 and Staff #7 files did not contain verification of age and address.

Correction Required: A facility person's record shall include the name, address and telephone number of the facility person. A facility person's record shall include verification of age.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: At time of renewal, Staff #1 and Staff #8 files contained a reference letter written by a family member.

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: 3270.32(a)

Description: Comply with CPSL

Noncompliance Area: At time of renewal, Staff #1 and Staff #2 files did not contain a child abuse clearance as required by CPSL. Staff #5 file did not contain an NSOR clearance as required by CPSL. Staff #3 file did not contain out of state clearances as required by CPSL.

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

Regulation: 3270.61(h)/3270.62(b)

Description: Exceeding Capacity/Play space - 65 square feet/child

Noncompliance Area: On 1/23/26, at time of renewal, a total of 33 preschool aged children were observed participating in gross motor activity in the indoor movement room. The indoor movement room has a capacity of 14 children.

Correction Required: The capacity established for an indoor space may not be exceeded except in situations described in § 3270.61(h)(1-3) Outdoor or indoor play space shall be measured at 65 square feet per child.

Regulation: 3270.75(b)

Description: Inaccessible to children

Noncompliance Area: On 1/23/26, at time of renewal, bags containing first aid kits were observed accessible to children in Room 134, Room 121 and Room 125.

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

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: On 6/3/25, Staff #1 reported that Staff #2 pulled Child #1 arm to get them out of a chair. Staff #2 then put their hands on the back of Child #1 neck and forcibly pushed Child #1 down to the floor to clean up something.

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

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

Description: Fire safety - 1 yr.

Noncompliance Area: On 1/28/25, at time of renewal, Staff #1 and Staff #2 file did not contain annual 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.

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: On 4/5/24, at approx. 3:30pm, staff person #1 observed staff person #2 grabbing Child #1 hand, pulling Child #1 down the hallway towards the classroom door, and attempting to push Child #1 into the classroom.

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

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

Description: Age and Training

Noncompliance Area: On 2/15/24, at time of renewal, Staff person #1 and Staff person #2 do not have current pediatric first-aid/CPR training. This is evidenced by the previously documented pediatric first-aid/CPR training expiration date of 10/25/23.

Correction Required: Competence is the completion of training by a professional in the field of first-aid and cardiopulmonary resuscitation (CPR). All staff persons shall renew their certification in pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) on or before the expiration of the most current certification.

Regulation: 3270.31(f)/3270.31(f)(10)

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

Noncompliance Area: On 2/15/24, at time of renewal, Staff person #3, #4, #6, and #7 have not completed the following required pre-service training within 90 days of their date of hire: Pediatric First Aid/CPR from an approved curriculum.

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

Regulation: 3270.113(b)

Description: No physical punishment

Noncompliance Area: During unannounced monitoring certification rep verified that staff 1 forcefully grabbed a child by the arm and forcefully pulled him to a seat.

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

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: During renewal inspection certification rep observed a blue sofa in room 102 that had a hole in it exposing the foam the inside of the sofa.

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: 3270.107

Description: Refrigerator

Noncompliance Area: During renewal inspection certification rep checked the refrigerator in room 102. The temperature in the refrigerator was 65° F.

Correction Required: A facility shall have an operable, clean refrigerator used to store potentially hazardous foods. The refrigerator shall be capable of maintaining food at 45° F or below. An operating thermometer shall be placed in the refrigerator.

Regulation: 3270.133(5)/3270.133(7)

Description: Original label/Medication log

Noncompliance Area: During renewal inspection certification observed 2 of the medications for 1 that was passed the discard date. Epi-Pen had a discard date of 9-27-22 and the Benadryl discard date was 10-11-22.During renewal inspection certification rep asked to see the medication log for child 1. Child 1 did not have a medication log

Correction Required: Medication shall be stored in accordance with the manufacturer's or health professional's instructions on the original label. An operator is responsible to establish and maintain a medication log if prescription or nonprescription medication is administered.

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: During renewal inspection certification rep observed a loose outlet in room 102

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

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: During renewal inspection certification rep observed chipped/ plaster in the following rooms: 102, 103, 104, 105, 108, 112, 114, 116, 119, 126, 134. In rooms 108 and 112 the wall in the bathroom needs repair.

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

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During renewal inspection certification rep reviewed staff files. Staff #1 was missing NSOR. During renewal inspection certification rep reviewed staff files. Disclosure statement for staff #2 and 3 were not signed and dated by staff

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). SAFETY PLAN: The operator is required to submit to the Children and Youth Agency a plan of supervision or alternate arrangement as required by the Child Protective Services Law. LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 1 -- may not work in a child care position at the facility. PROVISIONAL HIRE UNSUPERVISED: A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee.A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person # 1 --- may not work in a child care position at the facility.

Regulation: 3270.69(b)

Description: 110º F or less

Noncompliance Area: During renewal inspection certification rep checked the water temperature. The water temperature in the following rooms were above 110° F: Room 116 water temperature was 132.2° F, Room 119 water temperature was 126.1° F, Room 134 water temperature was 113.7° F

Correction Required: Hot water temperature, in areas accessible to children, may not exceed 110° F.

Regulation: 3270.77(a)

Description: No peeling paint or plaster

Noncompliance Area: During renewal inspection certification rep observed chipped paint in rooms 105, 108, 112, 114 and 119. Certification rep observed chipped paint on the doors of the classroom

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: Facility staff left child unattended on the play yard for approximately 38 minutes.

Correction Required: TIERED LIS: Children must be supervised at all times.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Facility staff left child unattended on the play yard for approximately 38 minutes

Correction Required: TIERED LIS: The legal entity must arrange for all facility staff to receive a minimum of two hours of training regarding supervision of children. The legal entity must receive DHS approval of the training content prior to scheduling the training.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Facility staff left child unattended on the play yard for approximately 38 minutes

Correction Required: TIERED LIS: The legal entity must submit documentation in a format approved by DHS proving that the facility procedure for counting children is followed at all times e.g., a checklist. The legal entity will confirm continuing compliance by sending copies of the documentation to the Regional Office of Child Development and Early Learning on a weekly basis for a period of three months after DHS approves the documentation format.

Noncompliance Area: At the time of the renewal inspection, it was observed that a piece of furniture in the young toddler room had some stuffing exposed.

Correction Required: Furniture must be durable, safe, easily cleaned and appropriate for the child's size, age and special needs.

Noncompliance Area: At the time of the renewal inspection, it was observed that the refrigerator in room 11 needed to be defrosted and cleaned.

Correction Required: A facility shall have an operable, clean refrigerator used to store potentially hazardous foods. The refrigerator shall be capable of maintaining food at 45 F or below. An operating thermometer shall be placed in the refrigerator.

Noncompliance Area: At the time of the renewal inspection, the files of children #2 and #3 did not have updated emergency contact information once in a six 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

Noncompliance Area: At the time of the renewal inspection, the health assessment for child #1 did not contain and MMR or Varicella vaccine in accordance with the recommendations of the ACIP.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP.

Noncompliance Area: At the time of the renewal inspection, it was observed that, while the emergency plan training was completed for all employees, the emergency plan training for new employees was not completed within seven days of initial employment.

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.

Noncompliance Area: At the time of the unannounced inspection, an expired epi-pen from 2/2017 for child #1 was found in the medication box.

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

Noncompliance Area: At the time of the unannounced inspection, the file of staff #1 did not contain verification of the mandated health and safety training within 90 days of initial hire.

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: At the time of the unannounced inspection, it was observed that there were two unlocked cabinets in rooms 10 and 11 that had cleaning materials accessible to children in the classrooms.

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: At the time of the unannounced inspection, it was noticed that the green doors in rooms 7 and 10 had chipped paint.

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

Noncompliance Area: At the time of the complaint investigation, in the file of child #1, the emergency contact form had not been updated as soon as there was a change in the information (in this instance, a peanut allergy was verified).

Correction Required: The parent shall update in writing emergency contact information once in a 6-month period or as soon as there is a change in the informationA parent is required to review and update the emergency contact information and the financial agreement at least once in a 6-month period or as soon as there is a change in the information.

Noncompliance Area: At the time of the complaint investigation, the certification representative observed that at approximately 10:15, staff #1 changed a toddler's diaper and did not wash the child's hands or her own after toileting. It was then observed that staff #1 changed a 2nd child's diaper and did not wash the child's hands or her own after the diapering.

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

Noncompliance Area: ON 2/9/18, FEE AGREEMENTS UPDATED WITHIN 6 MONTHS WERE NOT OBSERVED IN THE FILES BELONGING TO CHILD #1, #2, #3, #4, #5 AND #6. (FEE AGREEMENTS WERE DATED 7/2017)

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.

Noncompliance Area: ON 2/9/18, TRASH SUCH AS AN EMPTY ALUMINUM BEER CAN, USED STYROFOAM CUPS WITH USED DRINKING STRAWS, CANDY WRAPPERS AND DEAD LEAVES WERE OBSERVED ON THE OUTDOOR TODDLER PLAY SPACE. RUST WAS OBSERVED ON THE TOILET STALL DIVIDER LOCATED IN ROOM 5 BATHROOM. A DIRTY REFRIGERATOR WAS OBSERVED IN ROOM 11. THE LOWER HALF OF THE WALLS LOCATED IN ROOM 11 AND ROOM 5 WERE DIRTY.

Correction Required: Outside walkways shall be free from ice, snow, leaves, equipment and other hazards.Floors, walls, ceilings and other surfaces, including the facility's outdoor play space surfaces shall be kept clean, in good repair and free from visible hazards.

Noncompliance Area: ON 2/9/18, MR. CLEAN CLEANER WAS OBSERVED ACCESSIBLE TO CHILDREN IN AN UNLOCKED SINK CABINET LOCATED IN ROOM 12.

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: ON 2/9/18, PEELING PAINT WAS OBSERVED ON THE GREEN UTILITY CLOSET DOOR LOCATED IN THE BACK OF ROOM 7.

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

Noncompliance Area: ON 2/9/18, BATHROOM WASTE RECEPTACLES LOCATED IN ROOM 5 AND ROOM 18 DID NOT CONTAIN 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: ON 12/6/17, DIRECTOR SELF REPORTED THAT STAFF #1 AND STAFF #2 LEFT CHILD #1 (DOB 8/13/13) UNSUPERVISED ON THE SIDE OUTDOOR PLAY SPACE FOR APPROX 7 MINUTES 30 SECONDS (TIME VERIFIED BY VIDEO CAMERA). DIRECTOR ACKNOWLEDGED THAT CHILD #1 WAS NOT ASSIGNED TO A SPECIFIC STAFF PERSON FOR THE PURPOSE OF SUPERVISION. ADDITIONALLY, ON 12/8/17, DURING UNANNOUNCED VISIT, STAFF IN THE PRESCHOOL CLASSROOM WERE NOT ABLE TO NAME THE ASSIGNED CHILDREN IN THEIR GROUP FOR THE PURPOSE OF SUPERVISION.

Correction Required: Children must be supervised at all times.Each staff person shall be assigned the responsibility for supervision of specific children. The staff person shall know the names and whereabouts of the children in his assigned group. The staff person shall be physically present with the children in his group on the facility premises and on facility excursions off the facility premises.

Noncompliance Area: ON 2/14/17, THE CHILD SIZE BLUE SOFA AND CHAIR SET LOCATED IN ROOM 4 WAS TORN. ADDITIONALLY, THE DIAPER MAT LOCATED ON THE CHANGING TABLE IN ROOM 4 WAS TORN.

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: ON 2/14/17, THE FIRE SAFETY TRAININGS OBSERVED IN FILES BELONGING TO STAFF #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14, #15 WERE NOT CONDUCTED BY A FIRE PROTECTION PROFESSIONAL.

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.

Noncompliance Area: ON 2/14/17, WET CEILING TILES WERE OBSERVED IN ROOM 2. THE BATHROOM FLOOR LOCATED IN ROOM 5 IS COMING UP AROUND THE DRAIN, CAUSING A TRIP HAZARD. THE SHED LOCATED ON THE OUTDOOR PRESCHOOL PLAY SPACE CONTAINED A BROKEN WINDOW. LEAVES, DEBRI AND AN EMPTY BLACK GARBAGE BAG WAS OBSERVED ON THE TODDLER PLAY SPACE.

Correction Required: Floors, walls, ceilings, windows and other surfaces, including the facility`s outdoor play space surfaces shall be kept clean, in good repair and free from debri and visible hazards.

Noncompliance Area: ON 2/14/17, PEELING PAINT WAS OBSERVED ON THE RAILINGS ALONG THE OUTDOOR SHED LOCATED ON THE PRESCHOOL PLAY SPACE.

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