G E M Learning Center

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: There was a rest mat in the Red classroom on the 2nd floor that was torn and had exposed foam.

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: There was no thermometer in the refrigerator in the first-floor classroom where milk was being stored.

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: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: The file for Child #1, who began receiving care more than 6 months ago, does not include a Child Service report

Correction Required: The services to be provided to the family and the child, including the Department's approved form to provide information to the family about the child's growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in § 3270.124(f) (relating to emergency contact information).

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: The emergency contact form on file for Child #2 does not include the address for the child's pediatrician/source for medical care.

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

Regulation: 3270.124(b)(3)

Description: Parent home/work address, phone

Noncompliance Area: The emergency contact form on file for Child #3 does not include the work address for the enrolling parent.

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

Regulation: 3270.124(b)(7)

Description: Name/address/phone release person

Noncompliance Area: The emergency contact form on file for Child #1 and #3 does not include a complete address for all listed release persons.

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

Regulation: 3270.151(a)/3270.192(3)

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

Noncompliance Area: The 2 most recent health assessments on file for Staff person #5 were dated 4.19.23 and 2.9.26, more than 24 months apart. The 2 most recent health assessments on file for Staff person #6 were dated 1.15.24 and 3.15.26, more than 24 months apart.

Correction Required: A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment conducted within 12 months prior to providing initial service in a child care setting and every 24 months thereafter. A health assessment is valid for 24 months following the date of signature, if the person does not contract a communicable disease or develop a medical problem. 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: 3270.151(c)(2)/3270.192(3)

Description: Mantoux TB/Health assessment, TB test

Noncompliance Area: The file for staff person #2 does not include documentation of a Tuberculosis test result being completed within 12 months prior to date of hire (See LIS CODE SHEET); the Tuberculosis test result on file for staff person #2 was dated 4.8.26.

Correction Required: An adult health assessment must include tuberculosis screening by the Mantoux method at initial employment. Subsequent tuberculosis screening is not required unless directed by a physician, physician's assistant, CRNP, the Department of Health or a local health department. 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: 3270.183(a)

Description: Locked cabinet

Noncompliance Area: The child files were not stored in a locked cabinet.

Correction Required: Child records are confidential and shall be stored in a locked cabinet.

Regulation: 3270.31(e)(4)(i)/3270.192(2)(iii)

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

Noncompliance Area: The file for Staff person #6 includes verification of First Aid/CPR training dated 8.2.25, after the expiration date of the previous training, 6.30.25.

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. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.31(e)/3270.192(2)(iii)

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

Noncompliance Area: The file for Staff person #5, includes verification of 5 of the required 12 hours of annual training between 6.2024-6.2025.

Correction Required: A staff person shall obtain an annual minimum of 12 clock hours of child care training. A facility person's record shall include verification of child care experience, education and training following the outset of service at the facility.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: The signed disclosure statement on file for Staff person #1 does not include a witness signature, making it invalid. The file for Staff person #1 does not include a Sex Offender clearance from California, where the staff person resided within 5 years prior to hire. The signed disclosure statement on file for Staff person #3 is not the Disclosure Statement that was effective as of the date of hire, making it invalid. The file for Staff person #4 includes an incomplete criminal history clearance that did not include a dissemination date, (See LIS Code Sheet), making it invalid. The file for Staff person #5 includes FBI clearances dated 1.14.21 & 3.31.26, more than 60 months apart. The signed disclosure statement on file for Staff person #7 is not the Disclosure Statement that was effective as of the date of hire, making it invalid.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). A facility person's record shall include a copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. Facility Person #1, #3, #4, #7 may not work in a child care position at the facility.

Regulation: 3270.66(d)

Description: Toxic plants not permitted

Noncompliance Area: The Certification Representative observed a Pothos plant in the Red room, which is considered to be toxic and was accessible to children.

Correction Required: Toxic plants are not permitted in a child care space.

Regulation: 3270.66(e)

Description: Arts and crafts non-toxic

Noncompliance Area: There were cans of shaving cream, labeled "Keep out of the reach of children", used for arts and crafts projects, in the Red room.

Correction Required: Arts and crafts materials shall be nontoxic.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: In the first-floor bathroom there were no covers on the toilet bolts. There were stained ceiling tiles from a previous leak in the first-floor classroom above the cubbies in the far corner. There was damaged baseboard at the top of the stairs on the second floor. The vent in the second-floor bathroom was separated from the wall creating a pinch point. There were holes in the wall under the calendar in the second floor Red classroom.

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.