The Community Action Organization of Western New York, Inc.

Play equipment must be installed and used in accordance with the manufacturer’s specifications and instructions, be in good repair, and be placed in a safe location.

Rule 418-1.5(n)(2). 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 3-year-old children:

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

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).

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).

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: copies of current staff and volunteers health statements;

Rule 418-1.15(c)(7).

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

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

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). 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 government authority having jurisdiction for determining compliance with the Fire and Building Code of New York State showing that the facility has been inspected and approved once every 12 months during the current license period for compliance with the applicable fire safety provisions of the Fire and Building Code of New York State;

Rule 418-1.15(c)(33).

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

Rule 418-1.3(o)(2).

Steam or hot water boilers must be inspected and approved in accordance with the requirements of the New York State Department of Labor by an inspector from the New York State Department of Labor, or by an insurance company which is licensed to write boiler insurance in the State. All other fuel burning heating systems and equipment and boilers not subject to the New York State Department of Labor requirements must be serviced by a heating contractor once every 24 months.

Rule 418-1.4(j).

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).

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). 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).

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).

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).

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.

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.

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.