Batista Family Daycare

Regulation: 3290.133(3)/3290.133(4)

Description: Name on bottle/Locked

Noncompliance Area: There is unlabeled expired Desitin cream in a bucket of the children's cubby buckets. The Desitin expired in November 2022. There is unlabeled and expired Neosporin in the first aid kit. The Neosporin expired in July 2022. There is expired and unlabeled A & D ointment on a shelf near the backdoor assessable to the children. The A & D ointment expired on 11/23/21. There are single use witch hazel cleaning cloths on a shelf near the backdoor accessible to the children.

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

Regulation: 3290.166(4)

Description: Bottles labeled

Noncompliance Area: There are 2 unlabeled Avent infant bottles being used at the time of the renewal inspection for two separate children.

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

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: Facility does not have a continuity of operations plan that is required.

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

Regulation: 3290.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: Emergency contact forms and fee agreements for child # 1,2,3 & 4 were not updated in over six months. Child # 1 forms were updated from 3/22/25 to 10/28/25. Child # 2 forms were updated from 3/18/25 to 11/17/25. Child # 3 forms were updated from 3/3/25 to 11/12/25. Child # 4 forms were updated last updated on 5/12/25

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: 3290.24(d)

Description: Emergency plan

Noncompliance Area: Facility operator did not conduct an annual emergency drill.

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

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Facility staff # 1 did not complete their child abuse clearance for employment in over 60 months from 11/24/20 to 12/16/25 and their NSOR clearance from 9/23/20 to 11/13/25. Facility staff # 2 did not complete their PA state police clearance in over 60 months from 11/24/20 to 12/4/25.

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: 3290.64(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: There is toxic refresh cherry air freshener accessible to the children in an unlocked bathroom cabinet used by the children. There is toxic Bee Movie toilet spray in a bucket used for the children's belongings and accessible to the children.

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.

Regulation: 3290.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: Child # 1,2,3,4 & 5 have not had their fee agreements and emergency contact forms updated in over 6 months. Child # 1 updates were 7/11/23 to 10/31/24 for both. Child # 2 updates were 10/29/23 to 10/28/24 for both. Child # 3 updates were 12/17/23 to 11/25/24 for the emergency contact form and 1/17/24 to 11/25/24 for the fee agreement. Child # 4 updates were 1/24/24 to 8/28/24 for the emergency contact form and 8/31/23 to 8/28/24 for the fee agreement. Child # 5 updates were 10/28/23 to 10/29/24 for both.

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: 3290.24(d)

Description: Emergency plan

Noncompliance Area: Operator did not have an annual emergency drill done since opening the facility.

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

Regulation: 3290.94(a)(1)/3290.94(a)(9)

Description: Every 60 days/Written record

Noncompliance Area: Fire drills were not conducted on over 60 days from 8/6/24 to 10/5/24 and locations were not listed for the drills on file.

Correction Required: The operator 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. The operator or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that a written record is maintained on file at the facility indicating the specific time of day of the drill, the hypothetical location of the fire, the evacuation time, and the names of the facility persons and the number of children who participate in the fire drill.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: Fire alarms were not tested in over 30 days from 10/2/24 to 11/2/24.

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: 3290.124(b)(1)

Description: Child's name, birth date

Noncompliance Area: At the time of the inspection, the date of birth of child #4 was not added to the emergency contact form.

Correction Required: Emergency contact information must include the name and birth date of the child.

Regulation: 3290.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: At the time of the inspection, the work address of the enrolling parent was missing from the emergency contact form for child #4.

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

Regulation: 3290.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: At the time of the inspection, the address of the individual designated by the parent to whom the child may be released was not on the emergency contact form for child #4.

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: 3290.124(e)/3290.181(c)

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

Noncompliance Area: At the time of the inspection, the last parent review/update to the emergency contact form and agreement for child #1 was done on 4/12/23 and not the required 6-month timeframe. The agreement and emergency contact form for child #5 had a parent review/update date of 10/29/23 with a previous date of review being 11/2/22. This is not within the 6 month required timeframe to have parents review/update emergency contact forms and agreements.

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: 3290.131(a)

Description: Within 60 days

Noncompliance Area: At the time of the inspection, child #4 did not obtain a health assessment until 11-6-23, which was past the 60 days following the first day of attendance at the facility.

Correction Required: The operator shall require the parent of an enrolled child to provide an initial health report no later than 60 days following the first day of attendance at the facility.

Regulation: 3290.133(1)/3290.133(7)

Description: Original container/Medication log

Noncompliance Area: At the time of the inspection, child #6 had an inhaler without the original container or prescription identifying who the medication was for. There was no signed parental consent for the inhaler. Child #7 and Child #8 had a bottle of ibuprofen. There was no medication log signed by the parent giving consent to administer the ibuprofen.

Correction Required: A prescription or nonprescription medication may be accepted only in an original container. The medication shall remain in the container in which it was received. An operator is responsible to establish and maintain a medication log if prescription or nonprescription medication is administered.

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: At the time of the inspection, the operator did not have continuity of operations in the emergency plan.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The emergency plan will include continuity of operations.

Regulation: 3290.182(1)

Description: Initial and subsequent health assessments

Noncompliance Area: At the time of the inspection, the operator admitted to cleaning out the child files and disposed of the initial and previous health assessments for child #1, child 2, child #3 and child #5.

Correction Required: A child's record must contain initial and subsequent health reports.

Regulation: 3290.182(6)

Description: Signed parental consent for transportation, walking excursions, swimming and wading

Noncompliance Area: At the time of the inspection, the emergency contact form on file for child #2 did not contain signed parental consent for transportation.

Correction Required: A child's record must contain signed parental consent for transportation, walking excursions, swimming and wading.

Regulation: 3290.182(8)

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

Noncompliance Area: At the time of the inspection, the operator admitted to disposing of previous agreements for child #1, child #2, child #3 and child #5.

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

Regulation: 3290.24(a)(5)

Description: Emergency plan

Noncompliance Area: At the time of the inspection, the emergency plan on file did not include accommodations of infants and toddlers, children with disabilities, and children with chronic medical conditions.

Correction Required: The facility shall have an emergency plan that provides for accommodations of infants and toddlers, children with disabilities, and children with chronic medical conditions.

Regulation: 3290.24(b)

Description: Emergency plan

Noncompliance Area: At the time of the inspection, the emergency plan on site was last reviewed/updated on 1/2022 and not annually as required.

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

Regulation: 3290.31(f)

Description: Age and training

Noncompliance Area: At the time of the inspection, staff person #1 only had 6 clock hours of child care training during the 12/21-12/22 training period. Staff person #2 only had 11 clock hours of child care training during the 12/21-12/22 training period.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of child care training.

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: At the time of the inspection, household member #3 did not have a signed disclosure statement on file.

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: 3290.64(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: At the time of the inspection, toothpaste stating "keep out of the reach of children under 6 years of age" was observed on a shelf in the hallway of the kitchen. There was a container of Nystatin prescription cream on the same shelf. The shelf was in reach of children.

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.

Regulation: 3290.73(c)

Description: Has all items

Noncompliance Area: At the time of the inspection, tweezers were missing from the first aid kit.

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: 3290.94(a)(1)

Description: Every 60 days

Noncompliance Area: At the time of the inspection, the last documented fire drill being conducted was on 12/5/23. The previous documented fire drill was 10/2/23, reflecting longer than the 60 day required timeframe for conducting a fire drill.

Correction Required: The operator 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: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: At the time of the inspection, the manual monthly monitoring log of the fire detection devices was last recorded being done on 12/5/23. The previous dates of inspection were 11-14 and 10-8. These previous dates reflect longer than a 30 day time frame of testing the fire detection devices. The smoke detectors located on each floor of the home were not OSHA approved and interconnected.

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. Operable interconnected and OSHA approved smoke detectors must be located on each floor of the home.

Regulation: 3290.123(a)(3)

Description: Services provided

Noncompliance Area: During the renewal inspection, the operator did not have child service reports on file dated within the past 6 months for child #4 and child #5.

Correction Required: An agreement shall specify 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 at § 3290.124(e).

Regulation: 3290.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: During the renewal inspection, the emergency contact forms for child #1 through child #5 did not contain the enrolling parent's home address.

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

Regulation: 3290.124(d)

Description: Written emergency plan posted

Noncompliance Area: During the renewal inspection, the written plan which identifies the means of transporting a child to emergency care and the facility staffing provisions in the event of an emergency was not posted in the family child care home.

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.

Regulation: 3290.131(d)(5)/3290.131(e)(1)

Description: Immunization record/Parent written verification from Doctor.

Noncompliance Area: During the renewal inspection, the immunization records for child #1, child #2, child #4 and child #5 did not include influenza vaccinations dated within the past 12 months.

Correction Required: A health report shall include a review of the child's immunized status according to recommendations of the ACIP. The facility shall require the parent to provide updated written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of ongoing vaccines administered to an infant, toddler or preschool child in accordance with the schedule recommended by the ACIP.

Regulation: 3290.171/3290.182(6)

Description: Transportation Consent/Signed parental consent for transportation, walking excursions, swimming and wading

Noncompliance Area: During the renewal inspection, the emergency contact form for child #6 did not have signed parental consent for transportation. Staff #2 stated that child #6 is transported to and from school.

Correction Required: The operator shall obtain written consent from the parent for transportation by the facility staff. A child's record must contain signed parental consent for transportation, walking excursions, swimming and wading.

Regulation: 3290.18

Description: General Health and Safety

Noncompliance Area: During the renewal inspection, the operator did not update the sections of their emergency plans to address volunteer emergency preparedness training, practice drills, and continuity of operations.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. The operator shall update the sections of their emergency plans that must address volunteer emergency preparedness training, practice drills, and continuity of operations.

Regulation: 3290.22(a)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: During the renewal inspection, the operator did not have the current certificate of compliance posted in the facility.

Correction Required: The facility's current certificate of compliance shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional child care office posted at the same location.

Regulation: 3290.24(a)(3)/3290.24(a)(4)

Description: Contact when arises/Contact when ended

Noncompliance Area: During the renewal inspection, the emergency plan on file did not contain a method for facility persons to contact parents as soon as reasonably possible when an emergency situation arises. It did not contain 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.

Correction Required: The facility shall have an emergency plan that provides for a method for facility persons to contact parents as soon as reasonably possible when an emergency situation arises. 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.

Regulation: 3290.24(d)

Description: Emergency plan

Noncompliance Area: During the renewal inspection, the operator did not have documentation of emergency drills being conducted annually.

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

Regulation: 3290.73(c)/3290.176

Description: Has all items/Transportation First Aid Kit

Noncompliance Area: During the renewal inspection, the first aid kit in the vehicle did not contain gloves and 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. A first-aid kit, including the contents as specified in §3290.73 (relating to first-aid kit) shall be in the vehicle when children are being transported.

Regulation: 3290.124(e)/3290.181(c)

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

Noncompliance Area: An unannounced inspection occurred on 4/5/22. During that inspection, the certification representative reviewed the files of child #3, 4, 6, 8, 9, 10, 11, 12, and 14. The emergency contact forms and/or financial agreements were not updated within the past 6 months. An acceptable plan of correction was received on 4/24/22 with a correction date of 4/22/22. On 5/2/2022, an unannounced inspection occurred. Child #3, #4, #6, #9 did not have verification of the agreement being updated within the past 6 months. Child #8, #10, #11 and #14 did not have verification of an emergency contact form being updated within the past 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: 3290.131(b)(1)

Description: Updated infant health report: every 6 months

Noncompliance Area: On 4/5/22 an unannounced inspection was conducted. During the inspection, the certification representative reviewed the file of child #8 (see code sheet for date of birth). Upon review, the child had a health assessment dated 8/3/21 and should have had an updated health assessment 6 months later. An acceptable plan of correction was received on 4/24/22 with a correction date of 4/21/22. On 5/2/22 an unannounced inspection was conducted. The operator did not have a health assessment for child #8.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler

Regulation: 3290.14(a)/3290.18

Description: Building codes/General Health and Safety

Noncompliance Area: During an onsite inspection on 5/2/22, the Pediatric first-aid and Pediatric CPR training on file for Staff #1 was not completed by an individual who is PQAS approved to provide the training.

Correction Required: A certificate of compliance will not be granted by the Department until the legal entity provides a certificate of occupancy as proof of compliance with the applicable requirements in 34 Pa. Code § 403.23 (relating to child day care facilities) and under section 1016(c) of the act (62 P.S. § 1016(c)).Conditions at the facility may not pose a threat to the health or safety of the children. The operator will have 30 days to obtain verification of a Pediatric First Aid/CPR training conducted by a PQAS certified trainer.

Regulation: 3290.151(a)/3290.151(c)(2)

Description: Within 3 months, then 12 months/Mantoux TB

Noncompliance Area: During an onsite inspection on 5/2/22, staff #2 (see code sheet for date of hire) did not have a health assessment with completed Tuberculosis screening at initial employment.

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 on file at the facility. An adult health assessment shall include Tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, CRNP, the Department of Health or a local health department.

Regulation: 3290.21(a)/3290.181(a)

Description: Immediate access/Each child

Noncompliance Area: During an onsite inspection on 5/2/22, the operator did not provide the file of child #16. During a previous inspection on 4/5/22, the certification representative requested files of all children enrolled. Child #17 (see code sheet for date of enrollment) was not presented for review. According to the agreement, the child was enrolled during the previous visit. The operator admitted that child #17 was enrolled.

Correction Required: A staff person shall provide to agents of the Department immediate access to the facility, the children and the files and records. An operator shall establish and maintain an individual record for each child enrolled in the facility. The legal entity will submit a complete emergency contact form and a complete fee agreement form for any new child being enrolled at the facility to the NE Regional Office for approval prior to the child receiving care at the facility. The completed forms for all new enrollments must be submitted to the NE Regional Office for a period of three months from the date the office receives acceptable plans of correction.

Regulation: 3290.21(a)/3290.181(a)

Description: Immediate access/Each child

Noncompliance Area: During an onsite inspection on 5/2/22, the operator did not provide the file of child #16. During a previous inspection on 4/5/22, the certification representative requested files of all children enrolled. Child #17 (see code sheet for date of enrollment) was not presented for review. According to the agreement, the child was enrolled during the previous visit. The operator admitted that child #17 was enrolled.

Correction Required: A staff person shall provide to agents of the Department immediate access to the facility, the children and the files and records. An operator shall establish and maintain an individual record for each child enrolled in the facility.

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During an onsite inspection on 5/2/22, staff #2 (see code sheet for date of hire) did not have a completed NSOR certificate and did not have the receipt of submission for FBI fingerprinting on file. The facility was not in compliance with the requirements under Act 12 of 2022. Household member #3 (see code sheet for date of residency) did not have any clearances on file.

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. ACT 12 WENT INTO EFFECT ON 2/17/22, CHANGING THE PROVISIONAL HIRING REQUIREMENTS FOR STAFF.

Regulation: 3290.32(a)/3290.192(3)

Description: Comply with CPSL/CPSL information

Noncompliance Area: During an onsite inspection on 5/2/22, staff #2 (see code sheet for date of hire) did not have a completed NSOR certificate and did not have the receipt of submission for FBI fingerprinting on file. The facility was not in compliance with the requirements under Act 12 of 2022. Household member #3 (see code sheet for date of residency) did not have any clearances on file.

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. ACT 12 WENT INTO EFFECT ON 2/17/22, CHANGING THE PROVISIONAL HIRING REQUIREMENTS FOR STAFF. EFFECTIVE 5/2/22: STAFF #2 WILL NOT WORK IN A CHILD CARE POSITION UNTIL ALL CLEARANCES ARE OBTAINED AND SENT TO DHS FOR REVIEW AND APPROVAL. HOUSEHOLD MEMBER #3 WILL NOT BE PRESENT IN THE HOME WHILE CHILDREN ARE IN CARE UNTIL ALL CLEARANCES ARE OBTAINED AND SENT TO DHS FOR REVIEW AND APPROVAL.

Regulation: 3290.51/3290.113(a)

Description: Maximum Number of Children/Supervised at all times

Noncompliance Area: An unannounced inspection was conducted on 4/4/22 by The Allentown Health Bureau and observed 11 children unrelated to the operator in care. On 4/5/22, the operator admitted to the certification representative that there were 11 children unrelated to the operator present during the Allentown Health Bureau inspection. On 4/8/22, the certification representative observed 7 children unrelated to the operator in care. An acceptable plan of correction was received on 4/24/22 stating that they would implement the plan of correction as of 4/5/22. On 5/2/22 an unannounced inspection was conducted. During the inspection, the operator admitted to the certification representative that there were 11 children present in care during that day.

Correction Required: The number of children in care may not exceed SIX children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section. Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio). The legal entity must arrange for all facility staff to receive a minimum of three hours of PQAS-approved in-person training, including technical assistance, regarding ratios and supervision of children. This training must be completed as a live training or in-person. The legal entity must receive DHS approval of the training content prior to scheduling the training Children must be supervised at all times.

Regulation: 3290.51/3290.113(a)

Description: Maximum Number of Children/Supervised at all times

Noncompliance Area: An unannounced inspection was conducted on 4/4/22 by The Allentown Health Bureau and observed 11 children unrelated to the operator in care. On 4/5/22, the operator admitted to the certification representative that there were 11 children unrelated to the operator present during the Allentown Health Bureau inspection. On 4/8/22, the certification representative observed 7 children unrelated to the operator in care. An acceptable plan of correction was received on 4/24/22 stating that they would implement the plan of correction as of 4/5/22. On 5/2/22 an unannounced inspection was conducted. During the inspection, the operator admitted to the certification representative that there were 11 children present in care during that day.

Correction Required: The number of children in care may not exceed six children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section. Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio). The operator must submit to the NE Regional Office a schedule of anticipated attendance for the entire week for all children who will be attending the facility the following week. The weekly attendance list must be submitted to the NE Regional office by the close of business on Friday prior to the week of attendance for a period of 3 months from the date the office receives acceptable plans of correction.

Regulation: 3290.51/3290.113(a)

Description: Maximum Number of Children/Supervised at all times

Noncompliance Area: An unannounced inspection was conducted on 4/4/22 by The Allentown Health Bureau and observed 11 children unrelated to the operator in care. On 4/5/22, the operator admitted to the certification representative that there were 11 children unrelated to the operator present during the Allentown Health Bureau inspection. On 4/8/22, the certification representative observed 7 children unrelated to the operator in care. An acceptable plan of correction was received on 4/24/22 stating that they would implement the plan of correction as of 4/5/22. On 5/2/22 an unannounced inspection was conducted. During the inspection, the operator admitted to the certification representative that there were 11 children present in care during that day.

Correction Required: The number of children in care may not exceed six children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section. Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio). The operator must submit a list of all children currently enrolled at the facility to the NE Regional Office. This enrollment list must be updated and submitted to the Regional Office any time a child enrolls or withdraws from the program for a period of 3 months from the date the office receives acceptable plans of correction.

Regulation: 3290.51/3290.113(a)

Description: Maximum Number of Children/Supervised at all times

Noncompliance Area: An unannounced inspection was conducted on 4/4/22 by The Allentown Health Bureau and observed 11 children unrelated to the operator in care. On 4/5/22, the operator admitted to the certification representative that there were 11 children unrelated to the operator present during the Allentown Health Bureau inspection. On 4/8/22, the certification representative observed 7 children unrelated to the operator in care. An acceptable plan of correction was received on 4/24/22 stating that they would implement the plan of correction as of 4/5/22. On 5/2/22 an unannounced inspection was conducted. During the inspection, the operator admitted to the certification representative that there were 11 children present in care during that day.

Correction Required: The number of children in care may not exceed SIX children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section. Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in §§ 3290.51-3290.52 (relating to maximum number of children; and staff:child ratio). Children must be supervised at all times.

Regulation: 3290.74(a)

Description: Requirements

Noncompliance Area: During an onsite inspection on 5/2/22, the certification representative observed that the bottom of the back gate had a broken piece of the metal pole exposed posing a hazard to children.

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: 3290.124(b)(1)

Description: Child's name, birth date

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, the certification representative observed that the emergency contact form for child #5 and #6 did not have a date of birth for the child listed.

Correction Required: Emergency contact information must include the name and birth date of the child.

Regulation: 3290.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, the certification representative reviewed the file of child #9. After reviewing the emergency contact form, the health insurance policy number was missing.

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: 3290.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, the certification representative reviewed the file of child #5 and #6. The emergency contact forms did not have the address of the individual designated by the parent to whom the child may be released.

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

Regulation: 3290.124(c)/3290.171

Description: Excursions/Transportation Consent

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, there was no written consent for transportation on file for child #1 and #2. The operator is aware that there were no emergency contact forms in the vehicle for the children that require transportation.

Correction Required: When children leave the facility on walking and riding excursions, emergency contact information specific to each child on the excursion shall accompany a staff person on the excursion. The operator shall obtain written consent from the parent for transportation by the facility staff.

Regulation: 3290.124(e)/3290.181(c)

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

Noncompliance Area: During an onsite unannounced inspection on 4/5/22, the certification representative reviewed the files of child #3, 4, 6, 8, 9, 10, 11, 12, and 14. The emergency contact forms and/or financial agreements were not updated within the past 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: 3290.131(a)/3290.131(e)

Description: Within 60 days/Immunization record

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, the certification representative reviewed the file of child #9 and #16 (see code sheet for date of enrollment). There was no initial health report or immunization record within 60 days following the child's first day of attendance, on file for these children. Child #9 and #16 were present in the facility during the inspection and have been enrolled at the facility for more than 60 days.

Correction Required: The operator shall require the parent of an enrolled child to provide an initial health report no later than 60 days following the first day of attendance at the facility. The facility may not accept or retain an infant 2 months of age or older, a toddler or a preschool child at the facility for more than 60 days following the first day of attendance at the facility unless the parent provides written verification from a physician, physician's assistant, CRNP, the Department of Health or a local health department of the dates (month, day and year) the child was administered immunizations in accordance with the recommendations of the ACIP.

Regulation: 3290.131(b)(1)

Description: Updated infant health report: every 6 months

Noncompliance Area: During an onsite unannounced inspection on 4/5/22, the certification representative reviewed the file of child #8 (see code sheet for date of birth). Upon review, the child had a health assessment dated 8/3/21 and should have had an updated health assessment 6 months later.

Correction Required: The operator shall require the parent to provide an updated health report at least every 6 months for an infant or young toddler

Regulation: 3290.181(a)

Description: Each child

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, the operator was unable to provide files for child #1, #2 and #15.

Correction Required: An operator shall establish and maintain an individual record for each child enrolled in the facility.

Regulation: 3290.182(3)/3290.182(5)

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

Noncompliance Area: During an unannounced onsite inspection on 4/5/22, the certification representative reviewed the file of child #9. After review of the emergency contact form, there was no signed parental consent for emergency medical care for the child and no signed parental consent for administration of minor first-aid procedures by facility staff.

Correction Required: A child's record must contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission.A child's record must contain signed parental consent for administration of minor first-aid procedures by facility staff. Written consent is required prior to admission.

Regulation: 3290.51

Description: Maximum Number of Children

Noncompliance Area: The Allentown Health Bureau conducted an unannounced onsite visit on 4/4/22 and observed 11 children unrelated to the operator in care. On 4/5/22, the operator admitted to the certification representative that there were 11 children unrelated to the operator present during the Allentown Health Bureau inspection. On 4/8/22, the certification representative observed 7 children unrelated to the operator in care.

Correction Required: The number of children in care may not exceed six children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section.

Regulation: 3290.51

Description: Maximum Number of Children

Noncompliance Area: The Allentown Health Bureau conducted an unannounced onsite visit on 4/4/22 and observed 11 children unrelated to the operator in care. On 4/5/22, the operator admitted to the certification representative that there were 11 children unrelated to the operator present during the Allentown Health Bureau inspection. On 4/8/22, the certification representative observed 7 children unrelated to the operator in care.

Correction Required: The number of children in care may not exceed six children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section. Provider will submit a list of all enrolled children at the facility and the dates/times they attend to DHS certification representative to show that no more 6 children are present in care at one time.

Regulation: 3290.94(a)(1)

Description: Every 60 days

Noncompliance Area: During an onsite unannounced inspection, the last recorded fire drill being conducted was done on 12/20/21 and not within the 60 day requirement.

Correction Required: The operator 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: 3290.94(a)(5)

Description: Evacuation routes posted

Noncompliance Area: During an onsite unannounced inspection on 4/5/22, the certification representative observed there was no evacuation map posted on the first floor.

Correction Required: The operator or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that evacuation routes are posted in a conspicuous location on each floor of the facility.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: During an onsite unannounced inspection on 4/5/22, the last documented testing of the fire detection system was conducted on 1/8/22, according to the monitoring log and therefore was not in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c).

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: 3290.111(a)/3290.111(b)

Description: Written plan/Posted in area used by parents

Noncompliance Area: At the time of the inspection, the written plan of daily activities was not posted in the facility.

Correction Required: A written plan of daily activities and routines, including a time for free play shall be established for each group. The plan shall be flexible to accommodate the needs of individual children and the dynamics of the group. The written plan of daily activities and routines shall be posted in a traffic area used by parents.

Regulation: 3290.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: At the time of the inspection, on the emergency contact form for child #2, 4 and 5 the physician's name, address and/or phone number was missing.

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

Regulation: 3290.124(b)(6)

Description: Insurance coverage information

Noncompliance Area: At the time of the inspection, the health insurance coverage and policy number was missing from the emergency contact form for child #2 and 5.

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: 3290.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: At the time of the inspection, on the emergency contact form for child #4 and 5, the address of the individual designated by the parent to whom the child may be released was missing.

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: 3290.124(c)

Description: Excursions

Noncompliance Area: At the time of the inspection, there were no emergency contact forms of the children being transported in the van.

Correction Required: When children leave the facility on walking and riding excursions, emergency contact information specific to each child on the excursion shall accompany a staff person on the excursion.

Regulation: 3290.124(d)

Description: Written emergency plan posted

Noncompliance Area: At the time of the inspection, there was no verification of a written plan posted which identifies the means of transporting a child to emergency care and the facility staffing provisions in the event of an emergency.

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.

Regulation: 3290.131(d)(5)

Description: Immunization record

Noncompliance Area: At the time of the inspection, the health report on file for child # 1, 3 and 4 did not include an annual influenza immunization or exemption from the parent for the influenza vaccine.

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

Regulation: 3290.171/3290.182(6)

Description: Transportation Consent/Signed parental consent for transportation, walking excursions, swimming and wading

Noncompliance Area: At the time of the inspection, the emergency contact forms for child #2, 3, 4 and 5 did not include signed written consent from the parent for transportation by the facility staff.

Correction Required: The operator shall obtain written consent from the parent for transportation by the facility staff.A child's record must contain signed parental consent for transportation, walking excursions, swimming and wading.

Regulation: 3290.176

Description: Transportation First Aid Kit

Noncompliance Area: At the time of the inspection, the first aid kit in the van used for transportation did not include soap, scissors or tweezers.

Correction Required: A first-aid kit, including the contents as specified in §3290.73 (relating to first-aid kit) shall be in the vehicle when children are being transported.

Regulation: 3290.22(b)

Description: Availability of certificate of compliance and applicable regulations

Noncompliance Area: At the time of the inspection, the operator did not 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.

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(a)(1)/3290.24(a)(5)

Description: Emergency plan/Emergency plan

Noncompliance Area: At the time of the inspection, the emergency plan on file did not include lock down procedures. The plan on file did not include accommodations for toddlers in the event of an emergency.

Correction Required: The facility shall have an emergency plan that provides for accommodations for shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises. The facility shall have an emergency plan that provides for accommodations of infants and toddlers, children with disabilities, and children with chronic medical conditions. The facility will send the updated emergency plan to local and county emergency management agencies for review.

Regulation: 3290.24(d)

Description: Emergency plan

Noncompliance Area: At the time of the inspection, there was no verification of emergency drills being conducted annually.

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

Regulation: 3290.64(a)

Description: Locked or inaccessible - in original container

Noncompliance Area: At the time of the inspection, in the kitchen under the sink, there were bottles of bleach that were accessible to children and not in a locked area.

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.

Regulation: 3290.94(a)(5)

Description: Evacuation routes posted

Noncompliance Area: At the time of the inspection on the third floor of the home, the evacuation routes were not posted.

Correction Required: The operator or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that evacuation routes are posted in a conspicuous location on each floor of the facility.

Regulation: 3290.95(a)/3290.95(b)

Description: System in compliance/Operator or designated staff responsibility

Noncompliance Area: At the time of the inspection, the operator did not have receipts of purchase for all 10 year lithium ion battery smoke detectors that were located in the home. The operator was not in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)).

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: 3290.14(b)/3290.18

Description: Building Codes/General Health and Safety

Noncompliance Area: As per the Dept. of Health inspection on 8-12-21, the family child care was utilizing the basement area for childcare. The Certificate of Occupancy states children are only permitted on the first floor. The basement area is not approved by Allentown Fire Department (AFD) for daycare use. AFD is requiring daycare operator to meet with Building Standards and Safety to determine if permits were needed for the work done in the basement. The provider also admitted to using the space to the certification representative.

Correction Required: The legal entity shall maintain ongoing compliance with the applicable requirements prescribed by the Department of Labor and Industry in 34 Pa. Code § 403.23 and under section 1016(c) of the act at all times following issuance of any certificate of compliance granted by the Department under this chapter.Conditions at the facility may not pose a threat to the health or safety of the children.

Noncompliance Area: During a complaint investigation, certification representative observed the facility utilizing a stand alone swimming pool for the day care children. The children were older toddlers and preschoolers. The water in the pool was at least knee high on the children. There were six day care children. The facility owner was the only staff present and there was no lifeguard.

Correction Required: The staff-child ratios while children are swimming are Infant 1:1; Young or older toddler 1:2; Preschool 1:5; Young school-age 1:6; Older school-age1:6When children are swimming, supervision shall include one person certified in lifeguard training, as described in 3290.31(e)(4)(iii) (relating to age and training).

Noncompliance Area: Children 1, 2, 3 and 4 all needed child service reports on file. They were admitted into the day care more than 6 months from the date of inspection, which was 12/23/2019.

Correction Required: An agreement shall specify 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 at 3290.124(e).

Noncompliance Area: Child 2 had his fee agreement and emergency form last updated on 9/4/2018 and then again on 10/10/2019. Child 4 had his fee agreement signed on 11/13/2018 and then not again until the current update. As a result, there was more than 6 months between updates.

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: During a complaint investigation on 6/24/2019, staff 1 admitted to not giving an incident report to the parent of child 1.

Correction Required: A child's record must contain reports of accidents, injuries and illnesses involving a child in care at the facility. The original report shall be given to the parent on the day of the incident. The second copy of the report shall be retained at the facility in an accident file. The third copy of the report shall be retained at the facility in the child's file.

Noncompliance Area: The facility had exposed bolts in the back area of the fence that is utilized as outdoor play space.

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: Provider did not have rest equipment labeled for each specific child.

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 daily schedule was not posted in a traffic area used by parents.

Correction Required: The written plan of daily activities and routines shall be posted in a traffic area used by parents.

Noncompliance Area: Child 2 did not have the fee amount charged on file or the date to which it is to be paid.

Correction Required: An agreement shall specify the amount of the fee to be charged per day or per week. An agreement shall specify the date on which the fee is to be paid.

Noncompliance Area: Child 2 did not have an arrival or departure time documented in his file.

Correction Required: An agreement shall specify the child's arrival and departure times.

Noncompliance Area: During the annual inspection on 12/14/2018, it was observed that child 4, who is a preschool child, did not have updated immunizations on file. The latest immunizations on file were from February of 2016.

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: Child 6 had prescribed Ibuprofen at the facility. The Ibuprofen expired in 2017.

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

Noncompliance Area: Certification representative observed that the facility was serving a salad with cheese for lunch. The lunch did not have at least one protein or grain.

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

Noncompliance Area: Children 1-5 did not have permission for emergency medical care or minor first aid on file.

Correction Required: A child's record must contain signed parental consent for emergency medical care for the child. Written consent is required prior to admission.A child's record must contain signed parental consent for administration of minor first-aid procedures by facility staff. Written consent is required prior to admission.