ABC Childcare & Learning Center, LLC

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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5). Corrected during the inspection.

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).

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).

Unused portions of bottles or containers from which children have been spoon-fed must be discarded after each feeding or placed in a securely tied plastic bag and returned to the parent at the end of the day.

Rule 418-1.12(aa). Corrected during the inspection.

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).

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).

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m).

A safety strap must be fastened around children who are seated in high chairs.

Rule 418-1.5(ab)(2). Corrected during the inspection.

The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

Rule 413.4(a).

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.

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 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 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 staff and volunteers must be in good health and be of good character and habits.

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

As age and development permit, children must be allowed freedom of movement and must be provided with an environment designed to develop such skills as crawling, standing, walking and running.

Rule 418-1.7(d). 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.

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.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). 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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6).

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.

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.

Children may not be placed in the crib with a bottle, food or drink.

Rule 418-1.12(aj). From a complaint. Corrected during the inspection.

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 staff and volunteers must be in good health and be of good character and habits.

Rule 418-1.15(b)(4). 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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5). From a complaint. Corrected during the inspection.

Applicants for renewal of a license may not be issued a license until an inspection of the child day care center has been conducted showing compliance with the requirements of this Subpart and the relevant provisions of the Social Services Law.

Rule 418-1.2(f). From a complaint.

The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). From a complaint. Corrected during the inspection.

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 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.

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Rule 418-1.8(k)(3)(i). From a complaint.

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.

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.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). 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.

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.

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 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.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). 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 staff must use acceptable techniques and approaches to help children solve problems.

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

The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

Rule 413.4(a).

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).

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m).

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 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.

Day care centers that use electronic monitoring devices or surveillance cameras must allow inspectors and other representatives of the Office to have access to such equipment and to have viewing privileges as required by the Office.

Rule 418-1.15(b)(9)(vi). From a complaint.

The program must establish and implement a daily schedule of program activities that offers reasonable regularity in routines, including snack and meal periods, nap and rest periods, indoor activities, outdoor play time and a variety of large muscle activities throughout the day. There must be physical activity, appropriate to the ages of the children in care, every day.

Rule 418-1.7(a)(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.

for children between ages 18 months old and 36 months old: the maximum group size is twelve children.

Rule 418-1.8(k)(3)(ii). From a complaint.

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.

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.

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Rule 418-1.8(k)(3)(i).

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 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). 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.

Evacuation drills must be conducted at least monthly during various hours of operation of the child day care center.

Rule 418-1.4(b)(1). 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 following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

Rule 413.4(a). From a complaint.

Peeling or damaged paint or plaster must be repaired.

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

Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

Rule 418-1.4(a). From a complaint. Corrected during the inspection.

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 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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5). Corrected during the inspection.

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.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). From a complaint. Corrected during the inspection.

Any teacher, director, or volunteer who has not completed this training must not be left unsupervised with children in care until such time as the training has been completed.

Rule 418-1.14(b)(1). 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 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.

Visitor control procedures.

Rule 418-1.8(q). 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.

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z). 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 following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

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

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint. Corrected during the inspection.

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.

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Rule 418-1.8(k)(3)(i). From a complaint.

A prospective director, employee or volunteer may begin to work or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home after completing the check described in paragraphs (1) or (2) of subdivision (a) of this section.

Rule 413.4(d)(5). From a complaint. Corrected during the inspection.

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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint. Corrected during the inspection.

The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act in accordance with a schedule developed by the Office for any existing operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, and any person age eighteen (18) or older living in a group family day care home or family day care home:

Rule 413.4(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 must be aware of each child’s special health care needs identified in the child’s individual health care plan. This includes, but is not limited to, allergies, disabilities and medical conditions.

Rule 418-1.11(b)(13). 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. Corrected during the inspection.

For children eighteen months of age and older, prescription medications, oral over-the-counter medications, medicated patches, and eye, ear, or nasal drops or sprays, can be administered by the program for one day only, with the oral approval of the parent. If prescription medications, oral over-the-counter medications, medicated patches, and eye, ear, or nasal drops or sprays are to be administered on a subsequent day or an ongoing basis, written permission from the parent and written instructions from the health care provider must have been provided to the program prior to such administration.

Rule 418-1.11(f)(7)(iii). From a complaint.

No person other than a director, group teacher or assistant teacher may supervise a group independently even for brief periods of time, except in an emergency.

Rule 418-1.13(i). 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 following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). From a complaint. Corrected during the inspection.

If television or other electronic visual media is used, it must be part of a planned developmentally appropriate program with an educational, social, physical or other learning objective that includes identified goals and objectives. Television and other electronic visual media must not be used solely to occupy time.

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

An additional group teacher or an assistant teacher is required when the number of children in the group dictate that a second teacher be present to meet the teacher/child ratio.

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

When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

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

for a child of school-age through the age of 9 years old: the maximum group size is twenty children.

Rule 418-1.8(k)(7)(ii). From a complaint. Corrected during the inspection.

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.

Staff must be aware of each child’s special health care needs identified in the child’s individual health care plan. This includes, but is not limited to, allergies, disabilities and medical conditions.

Rule 418-1.11(b)(13). From a complaint.

Staff and volunteers must thoroughly wash their hands with soap and running water at the beginning of each day, before and after the administration of medications, when they are dirty, after toileting or assisting children with toileting, after changing a diaper, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

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

Children must be kept clean and comfortable at all times. Diapers must be changed when wet or soiled. The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation. Diaper changing surfaces must be cleaned and disinfected after each use with an Environmental Protection Agency (EPA) registered product that has an EPA registration number on the label.

Rule 418-1.11(i)(18)(iii). From a complaint.

Staff and volunteers must ensure that children thoroughly wash their hands or assist children with thoroughly washing their hands with soap and running water when they are dirty, after toileting, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(2). From a complaint.

All rooms, equipment, surfaces, supplies and furnishings accessible to children must be cleaned and then sanitized or disinfected, using an EPA registered product, as needed to protect the health of children, and in a manner consistent with the program’s health care plan approved by the Office.

Rule 418-1.11(i)(6). From a complaint.

Staff must take steps to prevent a child’s exposure to the foods to which the child is allergic.

Rule 418-1.12(an). 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 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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5). 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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint.

Pursuant to New York Public Health Law Section 2500-h, the program must comply with the anaphylaxis policy jointly issued by the Office and the New York State Department of Health and any amendments thereto. The program must notify the parent of any child in care of the anaphylaxis policy when the child is enrolled and annually thereafter. Notification shall include contact information for parents to engage further with the program to learn more about individualized aspects of the anaphylaxis policy.

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

Each program must provide a sufficient quantity and variety of materials and play equipment appropriate to the ages of the children and their developmental levels and interests, including children with developmental delays or disabilities, which promote the children’s cognitive, educational, social, cultural, physical, emotional, language and recreational development.

Rule 418-1.7(c). 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 child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

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

for children between ages 18 months old and 36 months old: there must be one teacher for every five children;

Rule 418-1.8(k)(3)(i). From a complaint.

The staff must use acceptable techniques and approaches to help children solve problems.

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

Each applicant for, or individual in the position of director, teacher, or volunteer must complete Office-approved training that complies with federal minimum health and safety pre-service or three-month orientation period requirements. This training must be obtained pre-service or within three months of starting such position.

Rule 418-1.14(b). From a complaint.

Any teacher, director, or volunteer who has not completed this training must not be left unsupervised with children in care until such time as the training has been completed.

Rule 418-1.14(b)(1). From a complaint.

All child care programs must have at least one staff person who holds a valid certification in cardiopulmonary resuscitation (CPR) and first aid on the premises of the program during the program’s operating hours.

Rule 418-1.14(k). 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 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: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

Rule 418-1.15(c)(5). From a complaint. Corrected during the inspection.

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 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.

When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

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

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

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

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 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 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 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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). From a complaint.

Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

Rule 418-1.4(a). From a complaint. Corrected during the inspection.

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.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint. Corrected during the inspection.

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

Rule 418-1.5(y). From a complaint. Corrected during the inspection.

The program must establish and implement a daily schedule of program activities that offers reasonable regularity in routines, including snack and meal periods, nap and rest periods, indoor activities, outdoor play time and a variety of large muscle activities throughout the day. There must be physical activity, appropriate to the ages of the children in care, every day.

Rule 418-1.7(a)(1). From a complaint.

As age and development permit, children must be allowed freedom of movement and must be provided with an environment designed to develop such skills as crawling, standing, walking and running.

Rule 418-1.7(d). 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 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.

The staff must use acceptable techniques and approaches to help children solve problems.

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

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

Rule 418-1.9(m). 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 following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). From a complaint. Corrected during the inspection.

All programs that substantially modify, or install new, outside play equipment must do so in accordance with the U.S. Consumer Product Safety Commission’s Public Playground Safety Handbook.

Rule 418-1.5(n)(5). From a complaint.

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

Rule 418-1.5(y). From a complaint. Corrected during the inspection.

Children must be provided an opportunity to choose between quiet activities and active play.

Rule 418-1.7(e). 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.

Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

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

The Office shall require the child day care program to immediately post upon receipt, in a prominent place at the program that is visible to parents, a copy of the most recent compliance history report issued to the program by the Office.

Rule 413.3(g)(3)(i).

The following criminal history review and background clearances shall be conducted pursuant to and consistent with the Child Care and Development Block Grant Act for any prospective operator, director, employee or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home, as defined in section (2) of this part, and any person age eighteen (18) or older living in a prospective, or who begins to live, in a group family day care home or family day care home:

Rule 413.4(a).

The health care plan must describe the following: how a daily health check of each child for any indication of illness, injury, abuse or maltreatment will be conducted and documented;

Rule 418-1.11(c)(2)(i). Corrected during the inspection.

Suitable precautions must be taken to eliminate all conditions which may contribute to or create a fire hazard.

Rule 418-1.4(a).

All corridors, aisles, and approaches to exits must be kept unobstructed at all times.

Rule 418-1.4(f)(2). Corrected during the inspection.

Pursuant to New York Public Health Law Section 2500-h, the program must comply with the anaphylaxis policy jointly issued by the Office and the New York State Department of Health and any amendments thereto. The program must notify the parent of any child in care of the anaphylaxis policy when the child is enrolled and annually thereafter. Notification shall include contact information for parents to engage further with the program to learn more about individualized aspects of the anaphylaxis policy.

Rule 418-1.5(ad).

Television and other electronic visual media must be turned off while children are sleeping, and during established nap times. This is not to prohibit an individual from using electronic visual media for business purposes during sleep or nap time if all children are sleeping and its use does not interfere with the supervision of children.

Rule 418-1.7(h)(3).

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).

Visitor control procedures.

Rule 418-1.8(q).

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 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.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Rule 418-1.5(v). From a complaint. Corrected during the inspection.

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.

Staff must be aware of each child’s special health care needs identified in the child’s individual health care plan. This includes, but is not limited to, allergies, disabilities and medical conditions.

Rule 418-1.11(b)(13).

Over-the-counter products, including but not limited to over-the-counter topical ointments, lotions, creams, sprays, including sunscreen products and topically applied insect repellant can be administered by the program for one day only, with verbal permission of the parent. If an over-the-counter product is to be administered on a subsequent day or an ongoing basis, written permission from the parent must have been provided to the program.

Rule 418-1.11(f)(7)(i).

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).

Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: the names, addresses and day time telephone numbers of at least two acceptable references, other than relatives, at least one of whom can verify employment history, work record and qualifications, and at least one of whom can attest to the applicant’s character, habits and personal qualifications to be a child care center staff member;

Rule 418-1.13(b)(2).

To be qualified as a group teacher for a preschool class, a person must possess either: 9 college credits in Early Childhood, Child Development or a related field, with a plan of study leading to a Child Development Associate Credential, other Office-recognized credential specific to the preschool developmental period, or an Associate’s degree in Early Childhood, Child Development or a related field; and two years of experience related to caring for children.

Rule 418-1.13(g)(2)(iii).

Each applicant for, or individual in the position of director, teacher, or volunteer must complete Office-approved training that complies with federal minimum health and safety pre-service or three-month orientation period requirements. This training must be obtained pre-service or within three months of starting such position.

Rule 418-1.14(b).

Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions: Fifteen (15) of the required thirty (30) hours of training must be obtained during the person’s first six months at the program.

Rule 418-1.14(c)(1).

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: the napping agreement for each child in care;

Rule 418-1.15(c)(16).

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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6).

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).

Pursuant to New York Public Health Law Section 2500-h, the program must comply with the anaphylaxis policy jointly issued by the Office and the New York State Department of Health and any amendments thereto. The program must notify the parent of any child in care of the anaphylaxis policy when the child is enrolled and annually thereafter. Notification shall include contact information for parents to engage further with the program to learn more about individualized aspects of the anaphylaxis policy.

Rule 418-1.5(ad).

Protective caps, covers or permanently installed obstructive devices must be used on all electrical outlets that are accessible to children.

Rule 418-1.5(y).

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).