New Horizon Learning Academy Center

Regulation: 3270.52

Description: Mixed Age Level

Noncompliance Area: During the inspection, it was observed that the school age classroom had 17 school age children and 1 older toddler child with 2 staff.

Correction Required: When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements in § 3270.51 (relating to similar age level).

Regulation: 3270.151(a)

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

Noncompliance Area: Staff 1 did not have proof of a health assessment that was less than 24 months old on file at the time of the inspection.

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: 3270.32(a)/3270.192(4)

Description: Comply with CPSL/CPSL information

Noncompliance Area: Staff 2 did not have proof on file of their New York sex offender registry check and their New York Child abuse and Neglect registry check, and had lived in New York within the last 5 years, and was past their provisional hire period.

Correction Required: The operator shall comply with the CPSL and with Chapter 3490 (relating to protective services). LACKING REQUIRED HIRING DOCUMENTS: Facility Person #2-- 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.

Regulation: 3270.124(b)(2)

Description: Physician name, address, phone

Noncompliance Area: Certification rep reviewed child #1 file and observed telephone number of the child's physician or source of medical care is missing on the emergency contact form.

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: Certification rep reviewed child #2 file and observed enrolling parents work telephone number is missing on the emergency contact form.

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

Regulation: 3270.23

Description: Parent Access & Participation

Noncompliance Area: Certification rep at the time of investigation verified parents were denied free access, without prior notice, throughout the center whenever children are in care.

Correction Required: A parent of a child in care shall be permitted free access, without prior notice, throughout the center whenever children are in care, unless a court of competent jurisdiction has limited the parental right of access to the child and a copy of the order is on file at the facility. Opportunity shall be provided for parents to participate in the facility's program. The operator shall maintain a yearly file which documents general announcements to promote parent participation. The file shall be updated annually.

Regulation: 3270.76/3270.77(a)

Description: Building Surfaces/No peeling paint or plaster

Noncompliance Area: During renewal inspection certification rep observed in classroom #1 small holes and chip paint on the back wall of the classroom and stained ceiling tiles on the right back part of the room. Classroom #3 left side middle room ceiling tiles are stained which appeared to be from water damage. Chip paint was observed on the back classroom wall.

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. Peeled or damaged paint or damaged plaster is not permitted on indoor or outdoor surfaces in the child care facility.

Regulation: 3270.113(a)

Description: Supervised at all times

Noncompliance Area: At 10:21 am, staff #2 opened the door for Certification Rep and left the Preschool room out of ratio with one teacher supervising a mixed age group of children a total of 15, with the youngest child 1 year of age.

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: 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 regarding supervision of children. The legal entity must receive DHS approval of the training content prior to scheduling the training. The legal entity must submit documentation in a format approved by DHS proving that the facility procedure for counting children is followed at all times e.g., a checklist. The legal entity will confirm continuing compliance by sending copies of the documentation to the Regional Office of Child Development and Early Learning on a weekly basis for a period of three months after DHS approves the documentation format.

Regulation: 3270.51

Description: Similar Age Level

Noncompliance Area: When certification rep asked staff#1 how many children were in the pre- school room, she gave a total count of 15 children. Certification rep asked staff #1 the ages and the number of children within the age group. Staff #1 stated there were 3:1 year old's, 2: 2-year old's, 8: 3-year old's and 3: 4 to 5 years old's and 1: 6-year-old school age child. The class was out of ratio with 1-year-olds in care; the ratio should have been 1 staff to 5 children.

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. IF USING TIERED LIS: The required staff:child ratios must be maintained at all times. The legal entity must submit documentation in a format approved by DHS proving that the facility is maintaining the required staff:child ratios at all times. The legal entity will confirm continuing compliance by sending copies of the documentation to the -------- Region Office on a weekly basis for a period of three months after DHS approves the documentation format.

Regulation: 3270.76

Description: Building Surfaces

Noncompliance Area: During time of inspection, the cubbies in the front lobby area of the building being used by the children were not mounted to prevent them from accidently falling over.

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.