E. John Gavras Center

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).

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 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 window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

Rule 418-1.5(z).

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).

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 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: personnel information including a list of all staff with job assignments and schedules; each staff and volunteer’s final and, if applicable, provisional criminal history review and background check approval letter(s); staff resumes; medical statements; acceptable references and other information required by section 418-1.13 of this Subpart;

Rule 418-1.15(c)(11).

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).

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h).

The use of pools that have not received a Department of Health permit to operate, spa pools and all fill-and-drain wading pools are prohibited.

Rule 418-1.5(g).

Operating carbon monoxide detectors and alarms must be located in accordance with applicable laws.

Rule 418-1.5(t).

All window and door blind cords, ropes, wires and other strangulation hazards must be secured and inaccessible to children.

Rule 418-1.5(z).

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).

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). 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.

Children must not watch television or other electronic visual media during meals.

Rule 418-1.7(h)(2).

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.

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. 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.

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. 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.

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.

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.

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

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

Within twenty-four (24) hours that an animal is first kept on the premises of a child care program, the program must provide written notice to the Office and parents of children in care that such animal is being kept on the premises.

Rule 418-1.5(l)(8). From a complaint. Corrected during the inspection.

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. Corrected during the inspection.

Behavior management must promote self-esteem in children and guide children in such a way as to help each child develop self-control and assume responsibility for his or her actions through clear and consistent rules and limits appropriate to the ages and development of the children in care.

Rule 418-1.9(d). 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.

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 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.

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.

Activities which provide children with opportunities for learning and self-expression in small and large groups is required.

Rule 418-1.7(g). 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.

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.

Any discipline used must relate to the child’s action and be handled without prolonged delay on the part of the staff so that the child is aware of the relationship between his or her actions and the consequences of those actions.

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

Where a child’s behavior harms or is likely to result in harm to the child, others or property, or seriously disrupts or is likely to seriously disrupt group interaction, the child may be separated briefly from the group, but only for as long as is necessary for the child to regain enough self-control to rejoin the group. The child must be placed in an area where he or she is in the view of, and can be supervised and supported by, a teacher. Interaction between a teacher and the child must take place immediately following the separation to guide the child toward appropriate group behavior. Separation of a child from the group in a manner other than that provided for herein is prohibited.

Rule 418-1.9(g). 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).

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).

Behavior management must promote self-esteem in children and guide children in such a way as to help each child develop self-control and assume responsibility for his or her actions through clear and consistent rules and limits appropriate to the ages and development of the children in care.

Rule 418-1.9(d).

Physical intervention is permitted. Physical intervention is the act of using bodily contact as a short-term immediate response to prevent children from incurring substantial or serious injury to themselves or injuring others. It may involve: picking a child up and moving him or her away from danger or conflict, holding the child’s hands or gently touching the body to direct their movement, rocking a child to soothe them, blocking a child’s path when they are about to injure themselves or others or destroy property. This technique allows the child to regain self-control as quickly and safely as possible. A consultation with a child’s parent is required if the child is not receptive to physical intervention.

Rule 418-1.9(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.

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

Rule 418-1.9(b). 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.

Before any change is made, the Office must be notified and must approve the re-designation of a classroom to a different age group of children.

Rule 418-1.3(c). 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.

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 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.

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.

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 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.

Programs must follow safety plans developed by the Office when allegations of risk of harm to child(ren) against the program, staff, volunteer or visitor are under investigation.

Rule 418-1.15(b)(31).

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.

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). 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 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: a current daily schedule documenting the arrival and departure times of each staff person and volunteers;

Rule 418-1.15(c)(12). 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 injury,

Rule 418-1.15(b)(14)(iii). 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.

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.

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

Rule 418-1.9(b).

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.

A staff person or volunteer must not force or bribe a child to eat nor use food as a reward or punishment.

Rule 418-1.12(o). 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.

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 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).

Fire detection, alarm and firefighting equipment appropriate to the type of building construction, size, height and occupancy must be provided, maintained and operate as designed.

Rule 418-1.4(c).

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: personnel information including a list of all staff with job assignments and schedules; each staff and volunteer’s final and, if applicable, provisional criminal history review and background check approval letter(s); staff resumes; medical statements; acceptable references and other information required by section 418-1.13 of this Subpart;

Rule 418-1.15(c)(11). From a complaint.

Barriers must exist to prevent children from gaining access to unsafe areas. Such areas include, but are not limited to, swimming pools, drainage ditches, wells, ponds, or other bodies of open water, holes, wood and coal burning stoves, fireplaces, pellet stoves, permanently installed gas space heaters, or any other unsafe area.

Rule 418-1.5(f). 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.

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.

Daily supervised outdoor play is required for all children in care, except during inclement or extreme weather or unless otherwise ordered by a health care provider. Parents may request and programs may permit children to remain indoors during outdoor play time so long as such children will be supervised in accordance with section 418-1.8 of this Subpart.

Rule 418-1.7(k). 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.