Inspire Learning and Childcare Penfield

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1).

The program must immediately call 911 for children who require emergency medical care and also must: in the event of an accident or illness requiring immediate health care, secure such care and notify the parent; and

Rule 418-1.11(h)(1)(iii).

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program:

Rule 418-1.15(b)(14).

Each day care center shall require any and all visitors to the facility to: sign in upon entry to the premises;

Rule 418-1.8(q)(1)(i).

Pending notification of completion of all required background check components in subdivision (a) of this section, a prospective director, employee or volunteer must always be supervised by an individual who received a qualifying result on the background checks described in paragraph (a) of this section within the past five years. A provisional director, employee or volunteer shall not have unsupervised contact with children in care.

Rule 413.4(d)(6). From a complaint.

The provisions specified on the license are binding and the child day care center must operate in compliance with the terms of the license. The number and age range of children specified thereon are the maximum number and age range of children who may be in the care of the child day care center at any one time.

Rule 418-1.15(a)(4). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious injury,

Rule 418-1.15(b)(14)(iii). From a complaint.

When transportation is provided by the child day care center, the driver of the vehicle may not be included in the supervision ratio except when the only children being transported are enrolled in kindergarten or a higher grade.

Rule 418-1.6(m). From a complaint.

Parents of children, staff and volunteers must be notified when electronic monitoring devices or surveillance cameras are used.

Rule 418-1.15(b)(9)(vii).

A staff person who is qualified to perform the duties of an absent staff member must be provided when needed to comply with the applicable teacher/child ratios.

Rule 418-1.8(h).

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

Rule 418-1.10(a). From a complaint.

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

Rule 418-1.10(a). From a complaint.

No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child’s medical statement must have been completed within the 12 months preceding the date of enrollment.

Rule 418-1.11(a)(1). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

Rule 418-1.13(a)(1). From a complaint.

Staff and volunteers must be in good physical and mental health and have the energy and emotional stability necessary to fulfill the responsibilities of their positions.

Rule 418-1.13(a)(2). From a complaint.

Children unable to sleep during nap time shall not be confined to a sleeping surface (cot, crib, etc) but instead must be offered a supervised place for quiet play.

Rule 418-1.7(w). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The program must establish and follow a written plan for behavior management that is acceptable to the office. This plan must include how the staff will approach challenging behaviors, help children solve problems and encourage acceptable behaviors.

Rule 418-1.9(a). From a complaint.

Physical restraint is prohibited. Physical restraint is the act of using force to extremely limit a child’s body movements for a lengthy period of time. It involves holding a child against his/her will and putting pressure on the child’s chest and/or extremities in an effort to significantly restrict his/her movement, thereby making it extremely difficult for a child to move. It may also involve holding a child flat on the ground and restricting his/her body from movement.

Rule 418-1.9(h). From a complaint.

Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child’s mouth soap, foods, hot spices or irritants or the like.

Rule 418-1.9(j). From a complaint.

Each child day care center must obtain a license from the Office. No person or entity may operate a child day care center without a license from the Office.

Rule 418-1.15(a)(1)(i).

Each child day care center must operate in compliance with the regulations of the Office and all other applicable laws and regulations.

Rule 418-1.15(a)(1)(ii).

Upon termination or resignation of the director:

Rule 418-1.15(b)(23).

Upon termination or resignation of the director: An approved, permanent director must be on-site, performing the duties of the position, within 90 days.

Rule 418-1.15(b)(23)(iv).

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: when the child day care center is owned by an individual, corporation, partnership or other entity using a business or assumed name, a copy of the certificate of doing business under an assumed name obtained from the county clerk;

Rule 418-1.15(c)(27).

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

Rule 418-1.13(a)(1). From a complaint.

In other than emergency situations such as illness or accident, parents must be notified in writing 2 weeks prior to any long-term absence of the teachers. This notice must include specific start and end dates of the absence and who will be taking the teacher’s place in the day care program.

Rule 418-1.8(i). From a complaint.

Consumption of or being under the influences of a controlled substance by any staff person or volunteer is prohibited during day care hours, unless the controlled substance is prescribed by a health care provider is being taken as directed, and does not interfere with the person’s ability to perform his or her child day care functions.

Rule 418-1.11(b)(10). From a complaint.

Cribs, bassinets and other sleeping areas for infants through 12 months of age must include an appropriately sized fitted sheet, and must not have bumper pads, toys, stuffed animals, blankets, pillows, wedges or infant positioners. Wedges or infant positioners will be permitted with medical documentation from the child’s health care provider.

Rule 418-1.7(q). From a complaint. Corrected during the inspection.

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n). From a complaint.

Parents must be informed of and agree to a transportation plan before a child can be transported by the program.

Rule 418-1.6(c).

The program must obtain a written statement from the parent of each infant in care setting forth the breast milk, formula and feeding schedule instructions for the infant and must be updated as changes are made.

Rule 418-1.12(w). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

The program must obtain a written statement from the parent of each infant in care setting forth the breast milk, formula and feeding schedule instructions for the infant and must be updated as changes are made.

Rule 418-1.12(w). From a complaint.

Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Rule 418-1.8(l)(7). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1).

Upon termination or resignation of the director: An approved, permanent director must be on-site, performing the duties of the position, within 90 days.

Rule 418-1.15(b)(23)(iv).

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation from the local health department or the New York State Department of Health showing that the facility has been approved in accordance with the requirements of the New York State Department of Health;

Rule 418-1.15(c)(22).

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation from the local government authority having jurisdiction for determining compliance with the Fire and Building Code of New York State showing that the facility has been inspected and approved once every 12 months during the current license period for compliance with the applicable fire safety provisions of the Fire and Building Code of New York State;

Rule 418-1.15(c)(33).

The premises must be kept clean and free from dampness, odors and the accumulation of trash.

Rule 418-1.11(i)(8). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious condition,

Rule 418-1.15(b)(14)(iv). From a complaint.

Adequate and safe water supply and sewage facilities must be provided and must comply with State and local laws. Hot and cold running water must be available and accessible at all times.

Rule 418-1.3(n). From a complaint.

Buildings, systems and equipment must be kept in good repair and operate as designed.

Rule 418-1.3(o)(2). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

Any abuse or maltreatment of a child is prohibited. A day care center must prohibit and may not tolerate or in any manner condone an act of abuse or maltreatment by an staff, volunteer or any other person. An abused child or maltreated child means a child defined as an abused child or maltreated child pursuant to Section 412 of the Social Services Law.

Rule 418-1.10(a). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint. Corrected during the inspection.

Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

Rule 418-1.13(a)(1). From a complaint.

All staff and volunteers of the child day care center must be familiar with the Office regulations and policies governing such programs, and the child care center’s policies. Such regulations and policies must be readily accessible to staff and volunteers for reference purposes.

Rule 418-1.15(b)(13). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious condition,

Rule 418-1.15(b)(14)(iv). From a complaint.

The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: documentation showing inspection and approval of any steam or hot water boilers performed in accordance with the requirements of the New York State Department of Labor and service performed once every 24 months during the current license period on all other fuel burning heating systems and equipment and boilers not subject to the New York State Department of Labor requirements;

Rule 418-1.15(c)(34). From a complaint.

Buildings, systems and equipment must be kept in good repair and operate as designed.

Rule 418-1.3(o)(2). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

The program must take suitable precautions to prevent the following: serious injury of a child while in care at the program or being transported by the program; and

Rule 418-1.5(a)(1)(i). From a complaint.

The program must take suitable precautions to prevent the following: death of a child while in care at the program or being transported by the program.

Rule 418-1.5(a)(1)(ii). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

Rule 418-1.15(b)(14)(ii). From a complaint.

A temperature of at least 68 degrees Fahrenheit must be maintained in all rooms to be occupied by children.

Rule 418-1.3(d). From a complaint.

Buildings, systems and equipment must be kept in good repair and operate as designed.

Rule 418-1.3(o)(2). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

The program must submit a written Emergency Plan and Emergency Evacuation Diagram using forms furnished by the Office or an approved equivalent form. Primary emphasis must be placed on the safe and timely evacuation and relocation of children. The plan must account for the variety of needs of children, including those with disabilities.

Rule 418-1.5(b). From a complaint.

Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

Rule 418-1.10(c)(1). From a complaint.

Staff members must be qualified by training and experience to carry out their respective functions in the administration, operation and maintenance of the child day care center.

Rule 418-1.13(a). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

Rule 418-1.15(b)(14)(ii). From a complaint.

The program must submit a written Emergency Plan and Emergency Evacuation Diagram using forms furnished by the Office or an approved equivalent form. Primary emphasis must be placed on the safe and timely evacuation and relocation of children. The plan must account for the variety of needs of children, including those with disabilities.

Rule 418-1.5(b). From a complaint.

Adequate means of egress must be provided. Children may be cared for only on such floors as are provided with readily accessible alternate means of egress to other floors, in the case of fire-resistant buildings, and to the outside in the case of non-fire-resistant buildings.

Rule 418-1.4(f). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious injury,

Rule 418-1.15(b)(14)(iii). From a complaint.

Physical restraint is prohibited. Physical restraint is the act of using force to extremely limit a child’s body movements for a lengthy period of time. It involves holding a child against his/her will and putting pressure on the child’s chest and/or extremities in an effort to significantly restrict his/her movement, thereby making it extremely difficult for a child to move. It may also involve holding a child flat on the ground and restricting his/her body from movement.

Rule 418-1.9(h). From a complaint.

Medications must be kept in a clean area that is inaccessible to children.

Rule 418-1.11(f)(17). From a complaint.

Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher’s range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child’s age emotional, physical, and cognitive development.

Rule 418-1.8(a). From a complaint.

The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious injury,

Rule 418-1.15(b)(14)(iii). From a complaint.

Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

Rule 418-1.5(a). From a complaint.

Children unable to sleep during nap time shall not be confined to a sleeping surface (cot, crib, etc) but instead must be offered a supervised place for quiet play.

Rule 418-1.7(w). From a complaint.

In accordance with the provisions of Sections 413 and 415 of the Social Services Law, child care center staff must immediately report any suspected incidents of child abuse or maltreatment concerning a child receiving child care to the Statewide Central Register of Child Abuse and Maltreatment, or cause such a report to be made, when such staff have reasonable cause to suspect that a child coming before them in their capacity as child care center workers is an abused or maltreated child. This must be done in the following manner:

Rule 418-1.10(c). From a complaint.

Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

Rule 418-1.10(c)(1). From a complaint.

The licensee must prepare a health care plan on forms furnished by the Office. Such plan must protect and promote the health of children. The health care plan must be on site, followed by all staff and available upon demand by a parent or the Office. In those instances in which the program will administer medications, the health care plan must also be approved by the program’s health care consultant unless the only medications to be administered are:

Rule 418-1.11(c)(1). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The program must establish and follow a written plan for behavior management that is acceptable to the office. This plan must include how the staff will approach challenging behaviors, help children solve problems and encourage acceptable behaviors.

Rule 418-1.9(a). From a complaint.

Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child’s mouth soap, foods, hot spices or irritants or the like.

Rule 418-1.9(j). From a complaint.