The Devine School

Regulation: 3270.162(d)

Description: Not forced to eat

Noncompliance Area: While conducting a complaint investigation at facility on 6/25/26, certification reps observed recorded video coverage from 3/18/26 of facility staff # 1 walking over to child # 1 who was sitting at the table for lunch. Facility staff person # 1 then pushed child # 1's forehead back and forced child # 1 to take a bite of their food they had brought for lunch. Child # 1 bit the food then got up and walked to the garbage can and threw their lunch away. Facility staff # 1 has been terminated after the facility conducted their own internal investigation regarding the incident.

Correction Required: A child may not be forced to eat food.

Regulation: 3270.151(a)

Description: 12 months prior to service and every 24 months thereafter

Noncompliance Area: Facility staff # 2 did not have a health assessment on file in over 24 moths from 9/26/23 to 11/17/25.

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.

Regulation: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: Facility staff # 3 did not complete fire safety training within 12 months of the last training on file. Fire safety trainng completed 5/21/24 and then on 7/11/25.

Correction Required: Staff persons shall participate, at least annually, in fire safety training conducted by a fire protection professional. Staff persons and volunteers shall receive training in maintenance of smoke detectors, the duties of facility persons during a fire drill and during a fire and the use of the facility's fire extinguishers, not including discharge of the fire suppressant agent.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Facility staff #1 did not complete mandated reporter training within 60 months from 6/11/19 to 1/3/25. Facility staff # 4 had a volunteer child abuse clearance on file at time of hire. Facility staff # 5 did not have a child abuse clearance on file in over 60 months from 11/3/19 to 11/23/24.

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: 3270.133(5)

Description: Original label

Noncompliance Area: Child # 1 has an epinephrine pen at the facility that does not have the original label attached or at the facility.

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

Regulation: 3270.106(a)

Description: Clean, age appropriate

Noncompliance Area: Cots are not labeled in the Preschool or Pre-K classrooms.

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.

Regulation: 3270.123(a)(3)

Description: Services proceeded

Noncompliance Area: Child # 2 only has 1 child service report on file since time of enrollment. Child service report is from 11/18/24. Child # 3 did not have a child service report completed in over six months from 10/10/23 to 11/22/24.

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(f)

Description: Updated every 6 months

Noncompliance Area: Emergency contact in the emergency binder for child # 1 has not been updated in more than 6 months since 5/4/22.

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.

Regulation: 3270.181(c)

Description: Emergency info/agreement updated 6 mos

Noncompliance Area: Child # 2 has not had their emergency contact form and fee agreement updated in over 6 months. Emergency contact form updated 8/3/23 to 12/4/24 and fee agreement updated 8/3/23 to 7/31/24.

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: 3270.31(e)(4)(ii)

Description: Fire safety - 1 yr.

Noncompliance Area: Facility staff # 3 has not had fire safety training in over 12 months from 9/6/23 to 11/14/24.

Correction Required: Staff persons shall participate, at least annually, in firesafety training conducted by a fire protection professional. Staff persons and volunteers shall receive training in maintenance of smoke detectors, the duties of facility persons during a fire drill and during a fire and the use of the facility's fire extinguishers, not including discharge of the fire suppressant agent.

Regulation: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Facility staff # 1 has mandated reporter training that is over 60 months old. Mandated reporter training was completed 6/11/19. Facility staff # 2 hired and working at facility since 10/27/24 does not have a NSOR on file and was not suspended until over 45 days from date of hire. Facility staff # 2 was suspended 11/25/24.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). . Facility Person # 2 may not work in a childcare position at the facility. A provisional employee may not be permitted to work alone with children and must work within the vicinity of a permanent employee. 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 # 2 may not work in a childcare position at the facility.

Regulation: 3270.62(c)

Description: Space safe for large muscle activity

Noncompliance Area: Older toddler outdoor play space is not organized and cluttered making it unsafe for large muscle activity.

Correction Required: Outdoor or indoor play space shall be safe for large muscle activity.

Regulation: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: Facility self-reported that 2 facility staff miscounted and left a child outside hiding on the facility toddler playground. Another staff member supervising another group of children, saw what happened and brought the child inside to the child's classroom.

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. Children must be supervised at all times.

Regulation: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: During a complaint investigation on 7/2/24, facility staff # 1 admitted to certification rep that child # 1 was left alone and unsupervised on 6/24/24 on the outdoor playground by facility staff # 1.

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. Children must be supervised at all times. The legal entity must submit documentation of a new facility policy and procedure that is approved by DHS proving how the facility staff will be counting children and ensuring it is followed at all times e.g., a checklist. Each staff person shall be assigned the responsibility for supervision of specific children. The staff person shall know the names and whereabouts of the children in his assigned group. The staff person shall be physically present with the children in his group on the facility premises and on facility excursions off the facility premises. This should be a new policy developed and approved 7/11/24 or later.

Regulation: 3270.113(a)/3270.113(a)(1)

Description: Supervised at all times /Staff assigned to specific children

Noncompliance Area: During a complaint investigation on 7/2/24, facility staff # 1 admitted to certification rep that child # 1 was left alone and unsupervised on 6/24/24 on the outdoor playground by facility staff # 1.

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. Children must be supervised at all times. Facility staff persons shall know the names and whereabouts of the children in their assigned group. All staff person shall be physically present with the children and all children must be supervised at all times both on facility premises and on facility excursions off the facility premises.