Tioga Downs Racetrack, LLC

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).

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).

Egress doors from the center must be able to be opened from the inside without using a key. Child protective door knob covers may not be used on egress doors.

Rule 418-1.5(s)(3).

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.

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:

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

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). 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.

When multiple shifts of care are provided, such drills must be conducted monthly during each shift of care.

Rule 418-1.4(b)(3). From a complaint.

Television and other electronic visual media must be turned off when not part of a planned developmentally appropriate program activity.

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

Each program must have on site a variety of supplies including food, water, first aid and other safety equipment to allow for the protection of the health and safety of children in the event parents are unable to pick up children due to a local disaster. The plan must take into account a child’s needs for an overnight stay. Food supplies must be non-perishable and of sufficient quantity for all children for an overnight stay. Programs that serve food daily and have a food supply stored on site for their daily operation or are co-located at a site with a cafeteria, pantry or eatery of some kind are not required to store emergency food or water supplies if they can show that they have access to and permission to use those foods in a declared emergency.

Rule 418-1.5(b)(7). 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).

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).

Except for Office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center’s daily operation.

Rule 418-1.8(l)(8).

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).

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.

To be qualified as a group teacher for a preschool class, a person must possess either: an Associate’s degree in Early Childhood, Child Development or related field; or

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

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.

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

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

Children 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.

Whenever the child day care center is in operation and the director is away from the premises, there must be a staff person designated to act on behalf of the director, who is knowledgeable about the programs operation and policies.

Rule 418-1.8(g). 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 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.

Except for Office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center’s daily operation.

Rule 418-1.8(l)(8). 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.

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.

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.

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

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

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

Rule 418-1.11(c)(1). 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.

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.

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.

Whenever the child day care center is in operation and the director is away from the premises, there must be a staff person designated to act on behalf of the director, who is knowledgeable about the programs operation and policies.

Rule 418-1.8(g). 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 children between ages 6 weeks old and 18 months old: there must be one teacher for every four children;

Rule 418-1.8(k)(2)(i). From a complaint.

When school age children are mixed with pre-school children at the beginning and end of the day, toddlers may not be mixed in these groups. School age children may not be mixed with children under age three at any time.

Rule 418-1.8(l)(12). From a complaint.

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

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

When toddlers are cared for with preschool children in a mixed age group at the very beginning or very end of the day, the teacher/child ratio and maximum group size applicable to children aged 18 months to 36 months must be followed.

Rule 418-1.8(l)(9). 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). 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). Corrected during the inspection.

Day care centers that have been approved to operate a school-age children component in their day care center may only mix school age children with pre-school children at the very beginning of the day and the very end of the day. School age children may never be mixed with pre-school children for the entire period of time they are in care at the center.

Rule 418-1.8(l)(11).

Except for Office approved continuity of care classrooms, children under three years of age may not participate in mixed age groups except for limited periods of time at the beginning and end of the child day care center’s daily operation.

Rule 418-1.8(l)(8).

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).

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 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 incident,

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

Every licensee and registrant shall submit fingerprint images for each prospective director, employee, or volunteer, and any person age eighteen (18) or older prospectively living in a group family day care home or family day care home.

Rule 413.4(d)(2). From a complaint. Corrected during the inspection.

The premises must be kept free of vermin.

Rule 418-1.11(i)(9). From a complaint.

In addition to the requirements of Section 390-c of the Social Services Law, each day care facility must send a notice home with each child or otherwise provide notification to the parent of each child not less than forty-eight hours prior to the application of pesticides. Such notice must include:

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

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

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

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.

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). 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 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.

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 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.

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.

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

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

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

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

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). 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). Corrected during the inspection.