Jewish Community Center of Binghamton

In meeting his or her responsibilities pursuant to section 418-1.10, the director or licensee of the child day care center may, consistent with any appropriate collective bargaining agreements or applicable provisions of law, take one or more of the following actions with regard to staff of the center relevant to a report of child abuse or maltreatment involving a child while in attendance at the center: increased supervision over a person who is the subject of a report;

Rule 418-1.10(e)(2). Corrected during the inspection.

The director or licensee of the child day care center is responsible for implementing procedures which ensure the safety and protection of any child named in a report of child abuse or maltreatment involving a situation which occurs while the child is in attendance at the center. Immediately after making or causing to be made a report pursuant to section 418-1.10(c), the director or licensee of the center must take such appropriate action as is necessary to ensure the health and safety of the children involved in the report and, as necessary, of any other children in the care of the center. The director or licensee must also take all reasonable steps to preserve any potential evidence of abuse or maltreatment. Insofar as possible, any action taken under this subdivision must cause as little disruption as possible to the daily routine of the children in the center.

Rule 418-1.10(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.

A child day care center must cooperate with inspectors and other representatives of the Office in regard to any inspections or investigations that are conducted by the Office or its representatives.

Rule 418-1.15(b)(10)(ii).

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).

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

Rule 418-1.15(b)(4).

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.

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.

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).

Garbage receptacles must be covered, and cleaned as needed after emptying.

Rule 418-1.11(i)(12).

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).

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: a statement or summary of the applicant’s employment history including, but not limited to, any relevant child-caring experience;

Rule 418-1.13(b)(1).

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).

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.

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h).

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). 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).

Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the program where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 418-1.8 of this Subpart.

Rule 418-1.7(o).

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).

The program must keep documentation of immunizations the child has received to date, in accordance with New York State Public Health Law.

Rule 418-1.11(a)(3). 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 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).

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.

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.

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.

To be qualified as a group teacher for an infant or toddler class, a person must possess either: an Associate’s degree in Early Childhood, Child Development or a related field; and one year of experience related to caring for infants and toddlers; or

Rule 418-1.13(g)(3)(i). 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.

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.

for 3-year-old children: there must be one teacher for every seven children;

Rule 418-1.8(k)(4)(i). From a complaint.

When preschool children ages three years to five years are cared for in one group throughout the day, the teacher to child ratio and maximum group size applicable to the age of the majority of children must be followed.

Rule 418-1.8(l)(6). 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).

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).

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 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 3-year-old children: there must be one teacher for every seven children;

Rule 418-1.8(k)(4)(i). 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). 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).

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).

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). Corrected during the inspection.

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

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

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.

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 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.

Areas that will be used by the children must be well-lighted and well-ventilated. Heating, ventilation and lighting equipment must be adequate for the protection of the health of the children.

Rule 418-1.3(b). Corrected during the inspection.

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).

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:

Rule 418-1.14(c).

The required state topics are: principles of childhood development, focusing on the developmental stages of the age groups for which the program provides care;

Rule 418-1.14(d)(1).

The required state topics are: adverse childhood experiences, focused on understanding trauma and on nurturing resiliency.

Rule 418-1.14(d)(10).

The required state topics are: nutrition and health needs of children;

Rule 418-1.14(d)(2).

The required state topics are: child care program development;

Rule 418-1.14(d)(3).

The required state topics are: safety and security procedures;

Rule 418-1.14(d)(4).

The required state topics are: business record maintenance and management;

Rule 418-1.14(d)(5).

The required state topics are: child abuse and maltreatment identification and prevention;

Rule 418-1.14(d)(6).

The required state topics are: statutes and regulations pertaining to child care

Rule 418-1.14(d)(7).

The required state topics are: statutes and regulations pertaining to child abuse and maltreatment;

Rule 418-1.14(d)(8).

The required state topics are: education and information on the identification, diagnosis and prevention of shaken baby syndrome; and

Rule 418-1.14(d)(9).

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). 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). Corrected during the inspection.

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). Corrected during the inspection.

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.

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

Rule 418-1.13(a)(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.

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 which may contribute to or create a fire hazard.

Rule 418-1.4(a).

The Emergency Evacuation Diagram, as approved by the Office, must be posted in a conspicuous place in every room.

Rule 418-1.5(b)(2).

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).

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).

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

Rule 418-1.4(a). 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).

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.

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. Corrected during the inspection.

Every bathroom door lock must be designed to permit opening of the locked door from the outside in an emergency. The opening device must be readily accessible to the staff.

Rule 418-1.5(s)(2). 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 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.

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h).

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

Rule 418-1.4(a). 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 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.

No child can be released from the child day care center to any person other than his or her parent, a person(s) currently designated in writing by such parent to receive the child, or another person authorized by law to take custody of a child.

Rule 418-1.8(p)(1). From a complaint.

Food must be prepared and stored in a safe and sanitary manner and served at appropriate intervals.

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

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

Rule 418-1.4(f)(2).

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). Corrected during the inspection.

When disposable diapers are used, soiled diapers must be disposed of immediately into an outside trash disposal, or placed in a tightly covered plastic-lined trash can inaccessible to children until outdoor disposal is possible.

Rule 418-1.11(i)(18)(v). Corrected during the inspection.

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).

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). Corrected during the inspection.

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).

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

Rule 418-1.4(a).

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).

Garbage receptacles must be covered, and cleaned as needed after emptying.

Rule 418-1.11(i)(12). From a complaint.

Food service and storage, including refrigeration of milk and other perishable foods or formula, must comply with the requirements of Part 14 of the State Sanitary code.

Rule 418-1.12(al). 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.

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. Corrected during the inspection.

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.

Cleaning materials must be stored in their original containers unless the product’s use or the program’s health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning 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(w). From a complaint.

Children may not sleep or nap in car seats, baby swings, strollers, infant seats or bouncy seats unless otherwise prescribed by a health care provider. Should a child fall asleep in one of these devices, he or she must be moved to a crib/cot or other approved sleeping surface.

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