Creative Kids Day Care

Regulation: 3270.14/3270.21

Description: Pertinent Laws & Regulations/General Health and Safety

Noncompliance Area: Based on an inspection of the facility emergency plans submitted for inspection, it was found to be lacking a plan for the continuity of operations/care.

Correction Required: A facility shall be operated in conformity with applicable Federal and State laws and regulations.State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation. Conditions at the facility may not pose a threat to the health or safety of the children.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: Upon inspection of each childcare space, it was observed that there was a can of aerosol disinfectant spray labeled 'keep out of reach of children' on a cubby shelf accessible to children in care as demonstrated. Product was immediately removed during inspection.

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

Regulation: 20.71(b)(5)

Description: Perpetrator in an indicated or founded report of child abuse

Noncompliance Area: Facility Person #1 has been named as a perpetrator in a founded/indicated report of child abuse.

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

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: Upon investigation, Staff Person #1 directly stated that they did not know the exact whereabouts of Child #1 in the approximately one minute prior to the injury accident. Further, Staff Person #2 stated that Staff Person #1 had their back to the child at the moment of the injury accident and did not immediately know what had happened to the child until Staff Person #2 told Staff Person #1 what had happened.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises. TIERED LIS: 1] Children must be supervised at all times [Correction date: Immediately]. 2] The legal entity must arrange for all facility staff to receive a minimum of two hours of in-person training regarding supervision of children. The legal entity must receive DHS approval of the training content prior to scheduling the training. [Correction date: to be determined]. 3] If staff persons are utilized to cover multiple childcare spaces, a cross-training program must be developed and immediately implemented as needed for any staff persons not specifically assigned to one childcare space only. A training log must be maintained for each staff person so affected and submitted to the Certification Representative at the conclusion of each week for 3-months [Correction date: 3 months from the date of plan of correction approval]. 4] The operator and all facility staff persons will participate in Technical Assistance provided by the ELRC for a period of at least 3 months. The topics for the Technical Assistance must include proper supervision practices and protocols, staff transition practices, cross-training of staff utilized in multiple childcare age groups/spaces, childcare equipment review and evaluation for application and safety and any other topics deemed appropriate by the ELRC staff during Technical Assistance and onsite observations [Correction date: 3 months from the date that a plan of correction has been approved by Certification Representative].

Regulation: 3270.21

Description: General Health and Safety

Noncompliance Area: Upon investigation of the specific device model instructions available online [provider did not retain those documents on file after purchase of the device, per their statements], it was found that the provider did not follow the specific safeguards listed in that document prior to the injury accident. The failure to follow manufacturer's instructions coupled with poor supervision resulted in serious injuries to a child in care at this facility.

Correction Required: Conditions at the facility may not pose a threat to the health or safety of the children. 1. Provider/Facility Director must conduct a weekly review of childcare equipment utilizing a checklist created for that purpose in each childcare space to verify safety and compliance with all manufacturer's instructions & warnings. A summary of those findings [i.e., the completed checklist with director's signature and date] must be presented weekly to Certification Representative for a period of 3-months. [Correction Date: 3 months from the date of plan approval].

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: On 10/22/24, child #1 climbed into the stalls and played in the toilet as staff #1 had 6 Older Toddlers next to her on the floor while she changed diapers. The changing table faces the wall, and staff #1 was unable to supervise (see, hear, assess, and direct) the children sitting next to the changing table or the child playing in the toilet. Staff #1 did not ask for assistance in the bathroom with supervision. During the complaint investigation on 11/6/24, 6 Older Toddlers were observed in the bathroom. Staff #1 had taken the children to the bathroom and did not request assistance with supervision. Staff #1 was facing the wall and changing children and was unable to supervise (see, hear, assess, and direct) all of the children in their group.

Correction Required: Children must be supervised at all times. The legal entity must arrange for all facility staff to receive a minimum of two hours of training and TA 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: On 10/22/24, child #1 climbed into the stalls and played in the toilet as staff #1 had 6 Older Toddlers next to her on the floor while she changed diapers. The changing table faces the wall, and staff #1 was unable to supervise (see, hear, assess, and direct) the children sitting next to the changing table or the child playing in the toilet. Staff #1 did not ask for assistance in the bathroom with supervision. During the complaint investigation on 11/6/24, 6 Older Toddlers were observed in the bathroom. Staff #1 had taken the children to the bathroom and did not request assistance with supervision. Staff #1 was facing the wall and changing children and was unable to supervise (see, hear, assess, and direct) all of the children in their group.

Correction Required: Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises.

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

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

Noncompliance Area: The file for staff #1 did not contain documentation of completed Health and Safety Training. Staff #1 has not completed pediatric First Aid and CPR. Staff #1 has exceeded the 90-day requirement where all Pre-service trainings are required to be completed.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Staff #1 had on file a volunteer PA State Police clearance. Staff #1 file did not contain a request for a PA State Police criminal clearance for employment or a copy of a request for the criminal clearance.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person # 1 may not work in a child care position at the facility. A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person #1may not work in a child care position at the facility.

Regulation: 3270.51/3270.113(a)

Description: Similar Age Level/Supervised at all times

Noncompliance Area: The complaint investigation revealed staff #1 had to change a child's diaper. Staff #1 had taken all of the children to the bathroom, which were a total of 10 young toddlers. As staff #1 was changing a child on the changing table, the 9 other children were in the toilets, crawling under the stalls to the adult bathroom. Some of the toilets were flushed and there were bowel movements in the other toilet in which children could access.

Correction Required: When children are grouped in similar age levels, the following maximum child group sizes and ratios of staff persons apply: Infants 1:4 with a maximum group size of 8; Young toddlers 1:5 with a maximum group size of 10; Older toddlers 1:6 with a maximum group size of 12; Preschool children 1:10 with a maximum group size of 20; Young school-age children 1:12 with a maximum group size of 24; Older school-age children 1:15 with a maximum group size of 30. The required staff:child ratios must be maintained at all times.

Regulation: 3270.95(a)

Description: Devices must be compliant

Noncompliance Area: The fire detection system was not tested every 30 days.

Correction Required: Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. §  1016(c)).

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: In the Young Toddler room, the shelf underneath the TV was observed to be dusty and the toy shelves were observed to be dusty.

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