Vivan E Ray

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: The Emergency Plan did not contain a section for Continuity of Operations.

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

Regulation: 3290.32(a)

Description: Comply with CPSL

Noncompliance Area: The file for Staff #1 contained NSOR Certificates dates 6.5.20 and 6.17.25, 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: 3290.63

Description: Protective Outlet Covers 5 yrs. or less

Noncompliance Area: A protective outlet cover was missing on one (1) outlet, on the surge protector, behind the television.

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

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: The Fire Detection Testing Log contained documentation of manual testing which exceeded 30 days: 1.3.24 to 2.3.24, 3.3.24 to 4.3.24, 5.1.24 to 6.3.24, and 7.3.24 to 8.3.24.

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)). The operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3290.95(a) are met.

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: Staff person #1 was observed to be caring for children unsupervised. Staff person #1 has not completed the following pre-service training required prior to caring for children unsupervised: health and safety training one hour update.

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. Until such time as the required pre-service trainings are completed, staff person #1 must be supervised, when interacting with children, by an (AGS, primary staff person, or family child care home staff person) who has completed the required training related to this citation. If there are no staff person(s) available to supervise staff person #1, staff person #1 may not work in a child-care position at the facility

Regulation: 3290.31(g)

Description: Age and training

Noncompliance Area: Staff person #1 has not completed the following required pre-service training by the 12/2022 due date: health and safety one hour update.

Correction Required: Staff person(s) shall complete professional development in the topics of 3270.31(f)(1 -- 10), 3280.31(f) (1-10), or 3290.31(g) (1-10) within the due date. Staff person #1 will have until 9/26/23 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 a or family child care home staff person 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: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: On 2 occasions, the operator tested the fire protection system monthly but the test exceeded 30 days. (11/21/22- 12/28/22) and (3/4/23-4/12/23).

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)). The operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in § 3290.95(a) are met.

Regulation: 3290.131(b)(2)/3290.182(1)

Description: Updated toddler/preschool health report: every 12 months/Initial and subsequent health assessments

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 12 months for an older toddler or preschool child.A child's record must contain initial and subsequent health reports.

Regulation: 3290.32(a)

Description: Comply with CPSL

Noncompliance Area: Staff person/facility person #1 had not completed mandated reporter training within the 60 month requirement. This is evidenced by the previously documented mandated reporter training on file being dated 2/5/17. Mandated reporter training was completed on 8/31/22.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to Child Protective Services).

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The file for staff #1 lacks the following updated clearances: state police, child abuse. The FBI clearance is current however, was updated late (beyond 60 months). It was updated on 3/16/22 and was due 1/6/22.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). Staff/ Facility Person #1 may not work in a child care position at the facility until 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: 3290.74(a)

Description: Requirements

Noncompliance Area: Observed exposed bolts on the gate to the fence in the outdoor play space.

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

Regulation: 3290.22(b)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: At the time of the inspection, parents have not been given information on how to access the regulations in this chapter electronically.

Correction Required: The operator shall provide the parent of each child enrolled in the facility with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional child care office.

Regulation: 3290.24(f)

Description: Emergency plan

Noncompliance Area: The emergency plan was updated on 8/28/21. Parents have not been given a letter explaining these updates.

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

Regulation: 3290.24(g)

Description: Emergency plan

Noncompliance Area: The emergency plan as updated on 8/28/21. A copy of the plan with these updates has not been sent to the municipality and the county emergency management agency.

Correction Required: The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency.

Regulation: 3290.64(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: An unlabeled reusable bottle, containing blue liquid cleaner, was observed on top of the refrigerator in the care space.

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 kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

Noncompliance Area: The files for children #1-4 contained emergency contact information and agreements which have not been updated since 6-12-19. The updates were due prior to the regulation being suspended due to COVID 19.

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.

Noncompliance Area: The facility lacked posted instructions for contacting the appropriate regional day care office.

Correction Required: The facility's current certificate of registration 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: At the time of the inspection, the operator did not provide an emergency plan for review.

Correction Required: The facility shall have an emergency plan.The operator shall post the emergency plan in the facility at a conspicuous location.

Noncompliance Area: The file for child #5, a young toddler, contained a health report which was not updated within 6 months. The most recent health report on file is now current.

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 must contain initial and subsequent health reports.

Noncompliance Area: The files for children #1 and #2, both preschool age, contained health reports that have not been updated within 12 months.

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 must contain initial and subsequent health reports.

Noncompliance Area: The files for children #2 and #5 contain immunization records which lacked documentation of having received the influenza vaccine within the last 12 months.

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.

Noncompliance Area: The file for staff #1 contained a health assessment which lacked the results of an examination for communicable diseases.

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

Noncompliance Area: The files for children #2-5 contained emergency contact information and financial agreements which were not updated at least once in a 6 month period. For each child, updates occurred in August 2018 and then again in June 2019. The most recent updates are current for all children.

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: The facility did not have a current certificate of compliance posted on the day of the inspection. The posted certificate expired 12/20/18.

Correction Required: The facility's current certificate of registration 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 facility emergency plan did not contain details regarding evacuation from the facility to a location away from the premises.

Correction Required: The facility shall have an emergency plan that provides for evacuation of children from the facility building and evacuation of children to a location away from the facility premises. The evacuation routes and evacuation plans to exit the building may be the same as those required by 3290.94 (f) and (g) (relating to fire drills).

Noncompliance Area: The operator was unable to provide documentation that the emergency plan had been reviewed and updated within the last 12 months.

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

Noncompliance Area: The file for staff #1 contained documentation of completing 6 of the 12 required clock hours of biennial training.

Correction Required: A staff person shall obtain an biennial minimum of 12 clock hours of child care training.A facility person's record shall include records of training required by the Department.

Noncompliance Area: Cleaning materials were accessible to children on the floor of the laundry room, behind an unlocked door attached to the care space.

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 kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

Noncompliance Area: A pack and play, in use by a child during the inspection, was not labeled with the child's name.

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.

Noncompliance Area: The files for child #1, #2, and #3 contained original agreements.

Correction Required: A parent shall receive the original agreement. The facility shall retain a copy of the agreement.

Noncompliance Area: The care space did not have a posted emergency transportation plan.

Correction Required: A written plan shall be conspicuously posted which identifies the means of transporting a child to emergency care and the facility staffing provisions in the event of an emergency. The plan must accompany a staff person who leaves the facility on an excursion with children.

Noncompliance Area: The file for child #1 contained a health report conducted more than 60 days following the first day of attendance at the facility.

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

Noncompliance Area: Acetaminophen intended for use by child #1 was not labeled with the child's name.

Correction Required: The label of a medication container shall identify the name of the medication and the name of the child for whom the medication is intended. Medication shall be administered to only the child whose name appears on the container.

Noncompliance Area: Acetaminophen was observed in a pack back on the floor of the care space.

Correction Required: Medication shall be stored in a locked area of the facility or in an area that is out of the reach of children.

Noncompliance Area: The facility lacked a written statement from the parent detailing the formula and feeding schedule for child #4, an infant, observed in care on the day of the inspection.

Correction Required: A written statement giving the formula and feeding schedule for an infant shall be obtained from the parent.

Noncompliance Area: An infant's bottle lacked a label with the child's name.

Correction Required: Disposable nursers and bottles shall be labeled with the child's name.

Noncompliance Area: The emergency plan was not posted at the facility.

Correction Required: The operator shall post the emergency plan in the facility at a conspicuous location.

Noncompliance Area: Emergency phone numbers were not posted at the facility.

Correction Required: The telephone number of the nearest hospital, police department, fire department, ambulance and poison control center shall be posted by each telephone in the facility.

Noncompliance Area: Fire evacuation plans were not posted at the facility.

Correction Required: Fire evacuation plans shall be developed and posted.

Noncompliance Area: Two red plastic chairs were cracked where the back meets the seat creating pinch points. The back rest of a child size wooden chair was loose creating a pinch point.

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 emergency plan lacked details regarding sheltering in place at the facility.

Correction Required: The facility shall have an emergency plan that provides for shelter of children during an emergency including shelter in place at the facility and shelter at locations away from the facility premises..

Noncompliance Area: The emergency plan lacked details regarding the means of informing parents that the emergency has ended.

Correction Required: The facility shall have an emergency plan that provides for a method for facility persons to inform parents that the emergency has ended and to provide instruction as to how parents can safely be reunited with their children.