Tender Years Inc

Regulation: 3270.114

Description: Outdoor Activity

Noncompliance Area: It was observed that infants are not taken outside daily, weather permitting.

Correction Required: Weather permitting, children shall be taken out doors daily.

Regulation: 3270.115(a)(5)

Description: Staff:child ratios while swimming

Noncompliance Area: It was observed that during preschool water play including wading, the classroom ratios of 1:10 were followed, not the wading ratios of 1:5.

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-age1:8.

Regulation: 3270.14/3270.31(f)

Description: Pertinent Laws & Regulations/Health and Safety Training

Noncompliance Area: It was observed that staff person #3 began working with children on 10/21/24 and had health and safety training on 2/28/25. This is outside of the regulatory 90- day preservice training period.

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. Staff persons shall complete professional development within 90 days of hire as listed in subsections (f)1-10.

Regulation: 3270.192(5)

Description: Two written references

Noncompliance Area: It was observed that staff person #4 had only one nonfamily reference on file. It was observed that staff person #8 did not have two nonfamily references on file.

Correction Required: A facility person's record shall include two written, nonfamily references from individuals attesting to the person's suitability to serve as a facility person.

Regulation: 3270.27(c)

Description: Training regarding plan

Noncompliance Area: It was observed that staff person #6 had their last emergency plan training on 6/14/24.

Correction Required: The operator shall assure that each facility person receives training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The operator shall document the date of each training and the names of all facility persons who received the training and kept on file at the facility.

Regulation: 3270.31(e)(4)(iv)/3270.115(a)(8)

Description: Water safety/Included in ratio/annual training

Noncompliance Area: It was observed that staff persons #1 and #2 were with a group during water play that included wading and did not have documentation of water safety training on file.

Correction Required: Competence in water safety instruction is demonstrated by the completion of basic instruction in water safety from a certified lifeguard. A facility person who is counted in the staff-child swimming ratio shall annually complete water safety instruction.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: It was observed that staff person #4's NSOR was not on file when they began working with children.

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: 3270.34(a)(6)

Description: Staff evaluations

Noncompliance Area: It was observed that staff persons #5, #6, #7, #8, and #9 did not have a staff evaluation within the last 12 months on file.

Correction Required: A director is responsible for written evaluation of staff persons on a regular basis, a minimum of one evaluation every 12 months.

Regulation: 3270.66(a)

Description: Locked or inaccessible

Noncompliance Area: It was observed that the summer camp classroom that grass seed with fertilizer in it and hand sanitizer were stored in a place accessible to children. (Corrected 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: 3270.76

Description: Building Surfaces

Noncompliance Area: Classroom #1, preschool, was observed to have a build- up of dirt in the corners in the sink and back door area, baseboards, and step stool. A plastic toy basket was broken. The broken basket was corrected on site. In the Monkeys classroom it was observed that the changing table was not disinfected between diaper changes. The Critters classroom was observed to have a build- up of dirt on the baseboards. In the Junior Camp classroom, the walls in the reading area and circle time area had chipped paint. The island shelf has chipping paint on the edges and corners. The corners of the classroom were observed to have a build- up of dirt. All of the chipping paint in the Junior Camp classroom was corrected on site. In the Guppies classroom the baseboard was observed to have a build- up of dirt. On the preschool playground the plastic toy bin with the brown lid had a build- up of leaves and dirt on the bottom.

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.

Regulation: 3270.95(a)/3270.95(b)

Description: Devices must be compliant/Director or designated staff person ensure compliance

Noncompliance Area: It was observed that fire detection system was tested on 1/17/25 and 2/17/25; 4/15/25 and 5/16/25; 5/16/25 and 6/30/25. These timeframes are outside of the regulatory fire detection system testing of at least once 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)). The Director or designated staff person who is responsible for compliance with this chapter shall ensure the requirements under subsection (a) are met.

Regulation: 3270.102(a)

Description: Clean and good repair

Noncompliance Area: It was observed at the time of inspection a vinyl chair in the Sea Stars classroom was ripped and the foam was exposed. (Corrected at inspection)

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: 3270.103

Description: Small Toys and Objects

Noncompliance Area: It was observed at the time of inspection plastic bag was on a plunger in the bathroom used by the Critter older toddler classroom. (corrected at inspection)

Correction Required: Toys and objects with a diameter of less than 1 inch, objects with removable parts that have a diameter of less than 1 inch, plastic bags and styrofoam objects may not be accessible to children who are still placing objects in their mouths.