Home NC Asheville Montessori Learning Community OF Asheville, East

Montessori Learning Community OF Asheville, East

15 Overbrook PL, Asheville NC 28805 · License #11000924 · Child Care Center

Four Star Center License
Capacity 75 childrenAges 12 mo – 6 yr4-Star programLast inspected May 6, 2026
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15 Overbrook PL, Asheville NC 28805 · Directions

Hours

Not published by the state. Owners can add hours via profile claim.

Care & schedule

When they operate

Schedule type not published.

Ages served

1 through 6
  • 4-Star quality rating
  • Does not accept subsidy
  • Licensed for 75 children
79
Violations, past 3 yrs
From inspections (not complaints)
0
High-risk violations
Serious / high-risk non-compliance
0
Substantiated complaints
Published by North Carolina licensing
12
Inspections, past 3 yrs
Monitoring & assessments

Inspection history & violations

Source: North Carolina's child care licensing agency
May 6, 2026 — Annual Compliance Follow-Up
3 violations cited
3 violations
  • Violation

    G.S. 110-91 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/6/2026 Number Present: 43 Completed Date: 5/6/2026 Age: From 2 To 5 Total Minutes: 105 Time In: 11:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an Annual Compliance follow-up visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator, during the visit. A signed copy of the visit summary was left with you. Ms. Carroll available to ask and answer questions throughout the visit today. Limited monitoring was conducted today including staff/child ratio, permit restrictions, capacity, and supervision. During the Annual Compliance visit on 4/27/26, ten (10) violations were cited regarding general safety, Criminal Records Check, storage of hazardous substances, administering of medication, staff records, Inservice training hours, program records, children’s records. All items were reviewed during the visit today. The following items were confirmed in compliance during the visit today: Item 106: The last approved fire inspection was conducted on 8/30/2024. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return 4/27/2026 or 4/28/2026. The Fire Marshall arrived at 2:30p during the previous visit conducted on 4/27/2026 to complete and approve the fire inspection. The administrator stated that she will schedule for the Fire Marshall to come by April 1, 2027. Item # 303: A four-year-old child standing in the hallway by herself. Staff were not aware the child was in the hallway. The administrator stated they have reviewed all procedures, ensure all hallway doors are locked, have a fourth teacher in the hallway if the third teacher is doing a movement break the fourth teacher can take a child to the restroom if needed. Will be speaking individually with all staff during staff evaluations. Will have additional training and follow up during the beginning of the year meetings. Today, I observed one (1) staff member present at the restroom supervising the children, and one (1) staff member in the hallway supervising children as they transition to the restroom. All classrooms locked their doors and as the children need to go to their cubby or the restroom, the staff member unlocks the door for the children. I observed one (1) classrooms door was left open and not shut, and a child attempted to walk out of the classroom. The teacher stopped the child and asked where the child was going. The child pointed out to the hallway and the staff member reminded the child to let them know prior to walking out of the room. Adequate supervision was observed today. Item #807: Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. Today, I observed the vinyl top that was ripped, and one (1) plastic storage unit was broken with sharp edges, and potential pinch hazards were removed and discarded. The administrator discussed with the staff that the music level was too loud and to have just one (1) type of music playing at a moderate level. Today, the music level as low and able to hear any changes in the children’s breathing. Item #842: Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. The Neutrogena stick was discarded on 4/27/2026. Item #1032: Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. The administrator stated they understand that they cannot go back to fix the issue. Moving forward, staff members will not start their employment until all paperwork is submitted during the training process. Item #1041: Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. The administrator stated they understand that they cannot go back to fix the issue. Moving forward, the staff members will not start their employment until all paperwork including the criminal background check is submitted. Item #1232: Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. The staff evaluations are currently scheduled for this week. The staff member hired on 2/3/2025 annual staff evaluation is scheduled for 5/8/2026. Item #1311: Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. Children enrolled 8/21/2024, and 9/26/2025 emergency information was updated on 4/27/2026. Item 1321: Child enrolled 8/21/2024 medical report was dated 3/21/2025. The administrator stated they understand they cannot go back and fix the issue. But moving forward the facility will inform the parents that the child(ren) cannot be enrolled until all paperwork is submitted including the medical report. Item #1323: Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. The administrator stated they understand they cannot go back and fix the issue. But moving forward the facility will inform the parents that the child(ren) cannot be enrolled until all paperwork is submitted including the immunizations. Item #1805: The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. The ABCMS roster was updated on 4/30/2026. I verified the roster was current and up to date during the visit. The following items require attention. As a reminder, the letter of compliance is due by 5/11/26 for the following items: Item #1232 Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. The staff evaluations are currently scheduled for this week. The staff member hired on 2/3/2025 annual staff evaluation is scheduled for 5/8/2026. During today’s visit, I observed in Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. When asked, the administrator stated that the staff were out sick. We discussed that it is recommended that activity plans should be completed the week prior to implementation and posted on Friday prior to leaving to prevent reoccurrence. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. GS 110-91(12); .0508(a) Technical assistance was provided as follows: Item 428 Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. When asked, the administrator stated that the staff were out sick. We discussed that it is recommend that activity plans be completed the week prior to implementation and posted on Friday prior to leaving to prevent reoccurrence. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed the QRIS: We discussed rescinding the rated license application due to the facility merger with the other Montessori Learning Community of Asheville location in August 2026. To accurately reflect the current facility status the owner and administrator feel it is best to wait till August to pursue the rated license reassessment. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    GS 110-91 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/6/2026 Number Present: 43 Completed Date: 5/6/2026 Age: From 2 To 5 Total Minutes: 105 Time In: 11:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an Annual Compliance follow-up visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator, during the visit. A signed copy of the visit summary was left with you. Ms. Carroll available to ask and answer questions throughout the visit today. Limited monitoring was conducted today including staff/child ratio, permit restrictions, capacity, and supervision. During the Annual Compliance visit on 4/27/26, ten (10) violations were cited regarding general safety, Criminal Records Check, storage of hazardous substances, administering of medication, staff records, Inservice training hours, program records, children’s records. All items were reviewed during the visit today. The following items were confirmed in compliance during the visit today: Item 106: The last approved fire inspection was conducted on 8/30/2024. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return 4/27/2026 or 4/28/2026. The Fire Marshall arrived at 2:30p during the previous visit conducted on 4/27/2026 to complete and approve the fire inspection. The administrator stated that she will schedule for the Fire Marshall to come by April 1, 2027. Item # 303: A four-year-old child standing in the hallway by herself. Staff were not aware the child was in the hallway. The administrator stated they have reviewed all procedures, ensure all hallway doors are locked, have a fourth teacher in the hallway if the third teacher is doing a movement break the fourth teacher can take a child to the restroom if needed. Will be speaking individually with all staff during staff evaluations. Will have additional training and follow up during the beginning of the year meetings. Today, I observed one (1) staff member present at the restroom supervising the children, and one (1) staff member in the hallway supervising children as they transition to the restroom. All classrooms locked their doors and as the children need to go to their cubby or the restroom, the staff member unlocks the door for the children. I observed one (1) classrooms door was left open and not shut, and a child attempted to walk out of the classroom. The teacher stopped the child and asked where the child was going. The child pointed out to the hallway and the staff member reminded the child to let them know prior to walking out of the room. Adequate supervision was observed today. Item #807: Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. Today, I observed the vinyl top that was ripped, and one (1) plastic storage unit was broken with sharp edges, and potential pinch hazards were removed and discarded. The administrator discussed with the staff that the music level was too loud and to have just one (1) type of music playing at a moderate level. Today, the music level as low and able to hear any changes in the children’s breathing. Item #842: Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. The Neutrogena stick was discarded on 4/27/2026. Item #1032: Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. The administrator stated they understand that they cannot go back to fix the issue. Moving forward, staff members will not start their employment until all paperwork is submitted during the training process. Item #1041: Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. The administrator stated they understand that they cannot go back to fix the issue. Moving forward, the staff members will not start their employment until all paperwork including the criminal background check is submitted. Item #1232: Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. The staff evaluations are currently scheduled for this week. The staff member hired on 2/3/2025 annual staff evaluation is scheduled for 5/8/2026. Item #1311: Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. Children enrolled 8/21/2024, and 9/26/2025 emergency information was updated on 4/27/2026. Item 1321: Child enrolled 8/21/2024 medical report was dated 3/21/2025. The administrator stated they understand they cannot go back and fix the issue. But moving forward the facility will inform the parents that the child(ren) cannot be enrolled until all paperwork is submitted including the medical report. Item #1323: Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. The administrator stated they understand they cannot go back and fix the issue. But moving forward the facility will inform the parents that the child(ren) cannot be enrolled until all paperwork is submitted including the immunizations. Item #1805: The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. The ABCMS roster was updated on 4/30/2026. I verified the roster was current and up to date during the visit. The following items require attention. As a reminder, the letter of compliance is due by 5/11/26 for the following items: Item #1232 Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. The staff evaluations are currently scheduled for this week. The staff member hired on 2/3/2025 annual staff evaluation is scheduled for 5/8/2026. During today’s visit, I observed in Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. When asked, the administrator stated that the staff were out sick. We discussed that it is recommended that activity plans should be completed the week prior to implementation and posted on Friday prior to leaving to prevent reoccurrence. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. GS 110-91(12); .0508(a) Technical assistance was provided as follows: Item 428 Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. When asked, the administrator stated that the staff were out sick. We discussed that it is recommend that activity plans be completed the week prior to implementation and posted on Friday prior to leaving to prevent reoccurrence. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed the QRIS: We discussed rescinding the rated license application due to the facility merger with the other Montessori Learning Community of Asheville location in August 2026. To accurately reflect the current facility status the owner and administrator feel it is best to wait till August to pursue the rated license reassessment. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    NC GS 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/6/2026 Number Present: 43 Completed Date: 5/6/2026 Age: From 2 To 5 Total Minutes: 105 Time In: 11:15 AM Time Out: 01:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an Annual Compliance follow-up visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator, during the visit. A signed copy of the visit summary was left with you. Ms. Carroll available to ask and answer questions throughout the visit today. Limited monitoring was conducted today including staff/child ratio, permit restrictions, capacity, and supervision. During the Annual Compliance visit on 4/27/26, ten (10) violations were cited regarding general safety, Criminal Records Check, storage of hazardous substances, administering of medication, staff records, Inservice training hours, program records, children’s records. All items were reviewed during the visit today. The following items were confirmed in compliance during the visit today: Item 106: The last approved fire inspection was conducted on 8/30/2024. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return 4/27/2026 or 4/28/2026. The Fire Marshall arrived at 2:30p during the previous visit conducted on 4/27/2026 to complete and approve the fire inspection. The administrator stated that she will schedule for the Fire Marshall to come by April 1, 2027. Item # 303: A four-year-old child standing in the hallway by herself. Staff were not aware the child was in the hallway. The administrator stated they have reviewed all procedures, ensure all hallway doors are locked, have a fourth teacher in the hallway if the third teacher is doing a movement break the fourth teacher can take a child to the restroom if needed. Will be speaking individually with all staff during staff evaluations. Will have additional training and follow up during the beginning of the year meetings. Today, I observed one (1) staff member present at the restroom supervising the children, and one (1) staff member in the hallway supervising children as they transition to the restroom. All classrooms locked their doors and as the children need to go to their cubby or the restroom, the staff member unlocks the door for the children. I observed one (1) classrooms door was left open and not shut, and a child attempted to walk out of the classroom. The teacher stopped the child and asked where the child was going. The child pointed out to the hallway and the staff member reminded the child to let them know prior to walking out of the room. Adequate supervision was observed today. Item #807: Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. Today, I observed the vinyl top that was ripped, and one (1) plastic storage unit was broken with sharp edges, and potential pinch hazards were removed and discarded. The administrator discussed with the staff that the music level was too loud and to have just one (1) type of music playing at a moderate level. Today, the music level as low and able to hear any changes in the children’s breathing. Item #842: Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. The Neutrogena stick was discarded on 4/27/2026. Item #1032: Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. The administrator stated they understand that they cannot go back to fix the issue. Moving forward, staff members will not start their employment until all paperwork is submitted during the training process. Item #1041: Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. The administrator stated they understand that they cannot go back to fix the issue. Moving forward, the staff members will not start their employment until all paperwork including the criminal background check is submitted. Item #1232: Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. The staff evaluations are currently scheduled for this week. The staff member hired on 2/3/2025 annual staff evaluation is scheduled for 5/8/2026. Item #1311: Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. Children enrolled 8/21/2024, and 9/26/2025 emergency information was updated on 4/27/2026. Item 1321: Child enrolled 8/21/2024 medical report was dated 3/21/2025. The administrator stated they understand they cannot go back and fix the issue. But moving forward the facility will inform the parents that the child(ren) cannot be enrolled until all paperwork is submitted including the medical report. Item #1323: Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. The administrator stated they understand they cannot go back and fix the issue. But moving forward the facility will inform the parents that the child(ren) cannot be enrolled until all paperwork is submitted including the immunizations. Item #1805: The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. The ABCMS roster was updated on 4/30/2026. I verified the roster was current and up to date during the visit. The following items require attention. As a reminder, the letter of compliance is due by 5/11/26 for the following items: Item #1232 Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. The staff evaluations are currently scheduled for this week. The staff member hired on 2/3/2025 annual staff evaluation is scheduled for 5/8/2026. During today’s visit, I observed in Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. When asked, the administrator stated that the staff were out sick. We discussed that it is recommended that activity plans should be completed the week prior to implementation and posted on Friday prior to leaving to prevent reoccurrence. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. GS 110-91(12); .0508(a) Technical assistance was provided as follows: Item 428 Space #2 the current activity plan was not posted. The activity plan was dated 4/27/2026-5/1/2026. When asked, the administrator stated that the staff were out sick. We discussed that it is recommend that activity plans be completed the week prior to implementation and posted on Friday prior to leaving to prevent reoccurrence. Rule Reference: G.S. 110-91(12);.0508(a) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed the QRIS: We discussed rescinding the rated license application due to the facility merger with the other Montessori Learning Community of Asheville location in August 2026. To accurately reflect the current facility status the owner and administrator feel it is best to wait till August to pursue the rated license reassessment. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Apr 27, 2026 — Annual Comp w/Rated Lic Assess
17 violations cited
17 violations
  • Violation

    10A NCAC 09 .0601 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0302 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0304 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0514 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0701 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0803 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1102 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1703 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .3205 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .3209 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .3210 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .3219 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .3221 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .3222 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    GS110-91 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    NC GS 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 4/27/2026 Number Present: 38 Completed Date: 4/27/2026 Age: From 2 To 5 Total Minutes: 375 Time In: 10:15 AM Time Out: 04:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp w/Rated Lic Assess Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance with rated license assessment visit. A typed visit summary was completed, due to time constraints. I will email the computer-generated visit summary upon completion, it will include any additional violations documented, steps to achieve compliance, and additional consultation. I reviewed the handwritten visit summary with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Emily Carroll, Administrator during the visit. A signed copy of the visit summary was left on-site with you. Emily Caroll, Administrator, accompanied me today. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-five percent (85%) as of 4/24/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non - Profit Corporation, Montessori Learning Community of Asheville Inc, is current/active as of 4/24/2026. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/16/2025. The last fire drill was practiced on 3/5/2026. The last shelter-in-place drill was practiced on 2/16/2026. The last playground inspection was documented on 4/20/2026. The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. The last sanitation inspection was conducted on 3/10/2026 with nine (9) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response (EPR) plan is current and last updated on 9/23/2025. The approved curriculum Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, 1992. Approved formative assessment Experience Early Learning Authentic Assessment. Lead water testing was completed on 5/20/2024. The next lead water test is due by 5/20/2027. Lead paint and asbestos testing awaiting survey review by RTI. The program does not provide transportation. Space #1 children ages two- to three-year-old were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed the two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Three (3) children indoors with one (1) staff member resting on their cots. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. Space #2, children ages two-year-old children were outside engaged in outdoor gross motor play. After gross motor play, the group transitioned indoors to prepare for lunch and nap. During nap time, I observed three (3) children indoors with one (1) staff member resting on their cots with low white music and natural lighting. Two (2) children were outdoors engaged in play with one (1) staff member. The staff stated the children outdoors would transition indoors in the next few minutes to prepare for nap. When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by themself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Space #3, children ages three- to five-year-old children were engaged in free play with playdough, plastic animals, matching game, and working on tens frame. Two (2) staff members were in the classroom. One (1) was moving about the room and the other was working with the children on the tens frame activity. One (1) staff member was in the hallway working with a child. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to five years old were free play with shapes, playdough, magnets. All meals and snacks are brought from home. Outdoor area was monitored and observed one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Medications were monitored during today’s visit and in space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Staff and children’s files were monitored. -Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. -Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. -Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. -Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Also, emergency information was dated 1/30/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. -Child enrolled 8/21/2024 emergency information was dated 8/27/2024. When asked if the parent had completed an updated emergency information form or verified the information was still correct, Ms. Carroll stated the parent has not. The parent was contacted during the visit. The parent completed the emergency contact information and returned it to the facility. -Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Immunizations was dated 3/21/2025. When asked if they had another immunization report, Ms. Carroll stated it should be in the file. The only immunizations on file was dated 3/21/2025. We discussed when a child is enrolled the immunizations should be submitted within thirty (30) days of enrollment. Emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rated License Information: The program currently operates with a four-star license, issued 2/25/2022, earning five (5) points in the education component, four (4) points in the program standards component (meeting enhanced space) and 1 quality point. Your three-year re-assessment was due by 2/2025. You submitted your application for voluntary reassessment on 4/14/2026. Your new Star License is based on the following: Classroom and Instructional Quality pathway. The following was verified to be in process or completed for the classroom and instructional quality pathway based on four (4) or five (5) star level. 10A NCAC 09 .3205 CLASSROOM AND INSTRUCTIONAL QUALITY PATHWAY FOR CHILD CARE CENTERS *You are choosing reduced staff/child ratios and enhanced space options at the five-star level. 10A NCAC 09 .3209 REDUCED, ENHANCED STAFF/CHILD RATIOS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule shall apply to evaluating the staff/child ratios and maximum group sizes for a rated license for child care centers. (b) Enhanced staff/child ratio means that the center shall comply with the following staff/child ratios and maximum group sizes. Age Ratio Staff/Children Maximum Group Size 2 to 3 Years 1/8 16 3 to 4 Years 1/9 18 4 to 5 Years 1/12 24 5 to 6 Years 1/14 25 10A NCAC 09 .3210 ENHANCED SPACE REQUIRMENTS FOR CHILD CARE CENTERS In order for a child care center to meet enhanced space requirements: (1) There shall be at least 30 square feet inside space per child per the total licensed capacity and 100 square feet outside space for each child using the outdoor learning environment at any one time; and (2) There shall be an area that can be arranged for administrative and private conference activities. 10A NCAC 09 .3219 FAMILY AND COMMUNITY ENGAGEMENT STANDARDS FOR CHILD CARE CENTERS *Evidence of implementing family and community engagement foundational practices. The following was verified during the visit and the form was collected. *Required for two-star or higher. The facility provided communication documentation as evidence of responsive communication with families. *Required for two-star or higher. The facility provided the school calendar that documents an annual family conference is offered. *Required for two-star or higher. The facility offers annual opportunities for families to share cultural heritage the classroom (ex. Hanukkah, a parent came in to share the dreidel game and conducted a group time) *Required for two-star or higher. The facility offers the families the opportunity to volunteer in the classroom. The parent handbook has a statement regarding volunteering in the classroom and an email is sent to families asking for families to volunteer. *Required for two-star or higher. The facility emails a monthly newsletter to communicate with families regarding available community resources. *C-3 The first parent teacher conference was held on October 13, 2025. At this conference the staff review the progress report with the families. The second parent teacher conference will be held on March 26, 2026. On this day, teachers and parents reviewed the progress report and discussed next steps and areas to improve. *EL-2 Orientation was held on August 18, 2025, in which students and families were able to meet the teachers and visit the classroom prior to the students first day of school. *EL-3 Family events are offered throughout the school year. The facility has held a orientation, meet the teacher, Fall festival, Winter gathering, Spring festival, and Celebration day. *EO-6 The school calendar has built in teacher planning days. 10A NCAC 09 .3221 CONTINUOUS QUALITY IMPROVEMENT (CQI) STANDARDS *Evidence of implementing continuous quality improvement (CQI) plans for the facility and individual staff. The CQI plan for the facility and individuals were not completed. Ms. Carroll and I discussed that the staff would need to completed by 5/11/2026. We discussed the staff CQI plans must be completed by each staff member’s one year of employment for new staff. Then each staff must review and establish a new goal prior to their employment date yearly. Reminder that the CQI plans are continuous and once one goal is completed, another must be started to meet this annual requirement. *Evidence of the administrator and all lead teachers completing training related to the curriculum and formative assessment tool that is used by the center with children. Training certificates for Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House, and Experience Early Learning Authentic Assessment were not on file for review for the administrator and one (1) lead teacher. When asked about it, Ms. Carroll stated that they had a teacher workday 12/18/2025 to review the demos together as group to know how to use Experience Early Learning Authentic Assessment. However, an agenda and sign-in sheet were not maintained. We discussed the training needs to be completed, and certificates will need to be submitted by 5/11/2026. *Evidence of the administrator participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f,10). You stated you plan to complete five on-going training hours annually, in additional to applicable requirements in Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. * Evidence of all lead teachers participating in one activity regarding classroom and instructional quality practices as outlined in the child care rule .3205 (f, 11). You stated the lead teacher plans to complete five on-going training hours annually, in addition to applicable requirements on-going training hours per Rule .1103 of this Chapter and Rules .3211, .3212, .3213, .3214, .3215, .3216 and .3218 of this Section. Reminder that this is an annual requirement and must be completed on or before each staff member’s year of employment, and every year thereafter. *Staff education evaluation of fifty percent (50%) of lead teachers and fifty percent (50%) of other educators star level was unable to be determined during today’s visit as some staff members need to submit education to WORKS. We discussed that staff will need to work on submitting their official transcripts into WORKS as soon as possible. Once completed, please notify me. Reminder, it is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Evidence of implementing a curriculum that has been approved by the Commission. The curriculum implemented Explorations with Young Children: A Curriculum Guide from the Bank Street College of Education Gryphon House. *Evidence of conducting on-going formative assessments that have been approved by the Commission and sharing results with parents at least twice annually. The approved assessment used is Experience Early Learning Authentic Assessment. It was verified during the visit Ms. Carroll was able to share a Milestone Progress report and a family report to share with families how the child is progressing. A star level was unable to be determined due to staff education not being submitted to WORKS. Once staff education is submitted, I will be able to re-evaluate and verify your star level at that time. We discussed the recognition of quality initiatives, and I left a copy with you. You can email me to let me know if you would like to include the recognition of quality initiate with your rated license packet. The completed form would need to be received by 5/11/2026 if you would like to include it in your packet. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 106 Operator has not scheduled and obtained a fire inspection within 12 months of the previous inspection. Operator did not submit the original approved report to DCDEE within one week of the inspection visit on a form provided by the Division. The last fire inspection was approved on 8/30/2024. 10A NCAC 09 .0304(a) 303 Children were not adequately supervised at all times. A four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. .1801(a)(1-5) 807 A safe indoor and outdoor environment was not provided for the children. Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. 10A NCAC 09 .0601(a) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. 10A NCAC 09 .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. Staff member G. Sabatino hired 11/3/2025 criminal background check was not completed till 2/3/2026. G.S. 110-90.2(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. .0802(c) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 medical report was dated 3/21/2025. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. 10A NCAC 09 .0302(d)(2) 1805 A child care operator did not notify the Division of any new child care providers, as defined in G.S. 110-90.2(a)(2), who were hired or moved into the child care facility within five business days. The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. G.S. 110-90.2 & .2703(r) Technical assistance was provided as follows: Item 106- The last fire inspection was approved on 8/30/2024. When asked about the fire inspection Ms. Carroll stated the Fire Marshall came 11/12/2025 and several items failed the inspection. The administrator has been working with the church and Fire Marshall to get these items corrected. The Fire Marshall returned on 3/5/2026 three (3) items were not approved, and 4/22/2026 one (1) item was not approved. The Fire Marshall is scheduled to return today (4/27/2026) or tomorrow (4/28/2026). The Fire Marshall arrived at 2:30p to complete and approve the fire inspection. Rule Reference: .0304(a) Item 303- When Ms. Carroll and I walked out of Space #2, we observed a four years old child standing in the hallway by herself. Staff were not aware the child was in the hallway. Ms. Carroll asked the child if they made the staff aware that they needed to go out of the classroom. The child said no. Another staff member was at the end of the hall working with a child. The staff member was on the way back up the hallway and Ms. Carroll asked the staff member if they could take the child to the restroom and ensure the child makes it back to the classroom. We did discuss that this is a supervision issue as no one was aware the child was in the hallway. We discussed reviewing with staff supervision requirements and completing an Interactive Supervision training with Buncombe County Partnership for Children. Rule Reference: .1801(a)(1-5) Item 807- Outside, one (1) house on the toddler playground vinyl top was ripped, and one (1) plastic storage unit was broken with sharp edges and potential pinch hazards. Ms. Carroll stated they will remove the house with the ripped vinyl top, and replace the plastic storage unit with a new one. Space #1, two (2) different white noises were too loud to hear changes in the children’s breathing. We discussed to lower the noise level and select one (1) white noise. Item 842- Space #3 one (1) Neutrogena stick sunscreen was in the fire drill bag without a permission to administer medication form. Ms. Carroll removed the sunscreen stick from the bag and moved it to the office until it could be discarded. Rule Reference: .0803(1) Item 1032- Staff member hired 10/17/2025 medical report was not received on or before the first day of employment. The medical report on file was dated 11/3/2025. We discussed that all medical reports are to be received on or before the first day of work for each new staff member. Rule Reference: .0701 (a) Item 1041- Staff member hired 11/3/2025 criminal background check was not completed till 2/3/2026. When asked Ms. Carroll the staff member was hired 11/3/2025 to complete required trainings while awaiting their background check. The staff member was not in a classroom caring for children. We discussed that staff members must have a valid qualifying letter even when completing required orientation and new staff trainings. Rule Reference: G.S. 110-90.2(b) Item 1232- Staff member hired 2/3/2025 staff evaluation was not completed by 2/3/2026. We discussed for new hires that the staff evaluation is to be completed on or before the staff members one (1) year of employment, and then annually each year thereafter. Ms. Carroll stated that are scheduled to be completed next week. Rule Reference: .0514(f) Item 1311- Child enrolled 8/21/2024 emergency information was dated 8/27/2024. Child enrolled 8/21/2024 emergency information on file was not received prior to the first day of enrollment, the emergency information was received on 9/26/2024 and was not updated on or before 9/26/2025. We discussed when a child is enrolled, the emergency information is to be on file the first day of enrollment. Rule Reference: .0802(c) Item 1321- Child enrolled 8/21/2024 medical report was dated 3/21/2025. When asked if they had another medical report, Ms. Carroll stated it should be in the file. The only medical report on file was dated 3/21/2025. We discussed when a child is enrolled the medical report should be submitted within thirty (30) days of enrollment. Rule Reference: GS-110-91(1) Item 1323- Child enrolled 1/3/2024 immunizations record was received late. The immunizations record on file was dated 8/13/2025. We discussed that the immunization record is to be on file within thirty (30) days after enrollment. Rule Reference: .0302(d)(2) Item 1805- The child care operator has not notified the Division of the one (1) staff, including the administrator, that are hired at the Montessori Learning Community of Asheville, East. We discussed reviewing the current staff roster in the ABCMS portal to ensure all current staff members are listed including the administrator. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Achieving Compliance: A follow-up visit will be conducted to verify compliance with item 303 Supervision. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 5/11/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Nov 20, 2025 — Announced
No violations cited
Clean
May 16, 2025 — Annual Comp Full
13 violations cited
13 violations
  • Violation

    10A NCAC 09 .0302 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0304 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0701 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1102 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1703 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .2830 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09.0607 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09.0701 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09.0803 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    GS 110-91 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    GS110-91 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    NC GS 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/16/2025 Number Present: 47 Completed Date: 5/16/2025 Age: From 1 To 6 Total Minutes: 232 Time In: 09:38 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Mindy Lautner, Operation Manager, during the visit. A signed copy of the visit summary was left on-site with you. Mindy Lautner, Operations Manager, accompanied me during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-three percent (83%) as of 5/13/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville INC, is current/active as of 5/13/2025. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – first shift, meets enhanced ratios. The last annual compliance visit was conducted on 5/24/2024. The last fire drill was practiced on 5/7/2025. The last shelter-in-place drill was practiced on 3/19/2025. The next emergency drill is due by 6/30/2025. The last playground inspection was documented on 5/2/2025. The last fire inspection was approved on 8/30/2024. The last sanitation inspection was conducted on 1/7/2025 with six (6) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. The approved curriculum for four-year-old children is Banks Street. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old was transitioning outdoors for gross motor play. Space #2, children ages one- to two-year-old children were eating snack at the table. As the children finished eating, they washed hands and transitioned to free play. Space #3, children ages three- to five-year-old children were engaged in free play with washing materials in a tub of water, activity mats, listening activity, and painting. Space #4, is currently used as the office. The office space is not used for aftercare unless there is inclement weather. We discussed that the room must meet requirements for hazardous products, products with heating elements stored up five (5) feet inaccessible, electrical outlets covered, and toxic plants removed. Space #5, children age three to six years old were engaged free play with bracelet making activity, activity mats. While monitoring the indoor space, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommended that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. All meals and snacks are brought from home and an opt-out form is on file the children enrolled. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). The program does not provide transportation. While reviewing staff files, I observed staff member hired 8/14/2024 medical report and TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. While reviewing children’s files, child enrolled 1/13/2025 did not have a medical report on file for review and the immunizations were not on file within thirty (30) days of enrollment. Child enrolled 8/21/2024 did not have immunizations on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025 .0803(12) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. .0701(a) 1321 Medical exam or health assessment record was not on file before or within 30 days after admission. Child enrolled 1/13/2025 did not have a medical report on file for review. GS110-91(1) 1323 Each child was not immunized as per Article 6 of Chapter 130A and an immunization record was not on file before or within 30 days after admission. Child enrolled 8/21/2024 did not have immunizations on file for review. 10A NCAC 09 .0302(d)(2) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The Emergency Preparedness and Response plan was updated 8/21/2023. .0607(e) 1867 The depth of the loose surfacing was not based on critical height of the equipment. While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). .0605(k)(1-4) Technical assistance was provided as follows: Item 849 In space #5, I observed one (1) emergency medication permission to administer medication form expired 1/22/2025. I recommend that staff conduct a monthly medication check to review the medication form dates and the expiration date of the medication to ensure compliance. Also, document on your calendar the expiration date of the medications and medication forms as a reminder. Rule reference: 10A NCAC 09.0803(12) Item 1032 I observed staff member hired 8/14/2024 medical report was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule reference: 10A NCAC 09.0701(a) Item 1033 I observed staff member hired 8/14/2024 TB was not completed prior to the first day of employment. We discussed when hiring staff to review with them during the interview the items that must be completed prior to the first day of employment. Rule Reference 10A NCAC 09.0701(a) Item 1321 Child enrolled 1/13/2025 did not have a medical report on file for review. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1323 Child enrolled 8/21/2024 did not have immunizations on file for review. Child enrolled 1/13/2025 immunizations were not on file within thirty (30) days of enrollment. We discussed when enrolling children to review with the families what items are due within the first thirty (30) days of enrollment. Rule reference: GS 110-91(1) Item 1824 The Emergency Preparedness and Response plan was updated 8/21/2023. The EPR plan was updated during the visit and the updated copy was printed during the visit. Rule Reference: 10A NCAC 09.0607(e) Item 1867 While monitoring outdoors, I observed the mulch depth at the slide exits measured four (4) inches instead of the required six (6). We discussed the facility will need to add mulch at the slide exits and in the fall zones to ensure that the loose surfacing measures six (6) inches. For the areas with compacted/deteriorating mulch, the facility will need to till the mulch to fluff. The six (6) inches of mulch is required to help cushion a child should they fall and to prevent the children from getting seriously injured. Rule reference: 10A NCAC 09.0607(k)(1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 5/30/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed the administrator change. The owner will need to submit a request for the administrator to be changed from Ella Blazak to Mindy Lautner and include the last day for Ms. Blazak and the start date as administrator for Ms. Lautner. We discussed the use of minimum staff/child ratios that were allowable due to Tropical Storm Helene until the facility could obtain qualified staff members. The facility stated that they would like to change their license restriction to reflect minimum staff/child ratio requirements. I did inform Ms. Lautner that if the facility maintains minimum staff/child ratios, it will lower the facility star rated license. She will need to discuss further with Caitlin Thomas, Owner/Operator to make the decision official. We discussed that when an official decision is made a letter will need to be submitted to request the change. Until an official decision is made, the facility will need to resume enhanced staff/child ratios effective immediately. Ms. Lautner stated that she thinks they can resume enhanced staff/child ratios effective immediately until a decision is made. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Feb 7, 2025 — Routine Unannounced
11 violations cited
11 violations
  • Violation

    10A NCAC 09 .0801 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .2318 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0304 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0605 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0803 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1102 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1703 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1801 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .2830 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    NC GS 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 2/7/2025 Number Present: 45 Completed Date: 2/7/2025 Age: From 1 To 5 Total Minutes: 225 Time In: 10:00 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor your program for compliance with applicable child care requirements for a routine unannounced visit. Upon arrival, the purpose of today’s visit was reviewed with you, Mindy Lautner, Operations Manager. Your program currently operates with a Four (4) Star Rated License effective 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced ratios. Mindy Lautner, Operations Manager, accompanied me today during the walk through and was available to assist with questions. The program’s annual compliance visit was conducted on 5/24/2024. The following items were monitored today: Supervision Staff / Child Ratio CPR / First Aid Special Training CBC Qualification ITS – SIDS Emergency Medical Care Plan Administration of Medication Storage of Hazardous Products Storage of Medication General Safety Discipline Adequate / Approved Space Program Records License Posted Permit Restrictions The facility closed on 9/27/2024 due to Tropical Storm Helene and re-opened after Tropical Storm Helene on 11/6/2024. The last fire drill was practiced on 1/9/2025. A monthly fire drill was missed for October due to Tropical Storm Helene. Since re-opening the facility has conducted monthly fire drills. The last emergency drill, lockdown drill, was practiced on 12/15/2024. The last fire inspection was approved on 8/30/2024. The last playground inspection was completed on 8/7/2024. A monthly playground inspection was not completed for September through January. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. The program’s most recent sanitation inspection was completed on 1/7/2025, with six (6) demerits. The Emergency Medical Care Plan is current and posted. During today’s visit, I observed the children engaged in indoor gross motor play, one on one activities with the staff, and outdoor gross motor play. Space #1 children ages two- to three-year-old were engaged in group time with one (1) staff member. The other staff member was assisting a child with washing hands. Space #2, children ages one- to two-year-old children were engaged in outdoor gross motor play. One (1) staff member was near the sandbox and the other staff member was engaged in conversation with a child near the fence. While monitoring the indoor space, I observed one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. Space #3, children ages three- to five-year-old children were engaged in free play and one on one activity with staff member. The hallway storage closet was unlocked with a cleaning cart with chemical. The closet was locked during the visit. Space #4, is currently used as the office and aftercare space during inclement weather. Space #5, children age three to six years old were engaged in free play. While monitoring the indoor space, I observed two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. One (1) emergency medication missing the original pharmacy label. One (1) action plan expired 8/26/2024. Two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. Ms. Lautner moved the medications to the office and locked them until the parents pick up this afternoon. The teacher moved the shaving cream to locked storage during the visit. All meals and snacks are brought from home and an opt out form is on file the children enrolled. While monitoring outdoors, I observed the fence in the bottom right corner near the sandbox on the primary playground measured below four (4) feet due to build up from Tropical Storm Helene. We discussed that the facility will need to develop a plan with timeline to address when the build up will be removed to meet the required four (4) feet fence height. Limited monitoring of staff files was conducted for the purpose of reviewing training regarding CPR/First Aid, EPR, Playground Safety, ITS-SIDS, Special Training including Health and Safety Training and Criminal Background Checks. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. During the visit, the West location sent over an electronic file. Ms. Lautner printed the file and qualifying letter to have on site. The following violations of child care requirements were observed today: Violation Number Comment Rule 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. The hallway storage closet that contained a cleaning cart was observed unlocked. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #5, one (1) emergency medication missing the original pharmacy label. .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. A monthly playground inspection was not completed for September 2024 through January 2025. .0605(q) 1739 All records required were not available for review by a representative of the Division. One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. .2318(1-8) 1757 A valid qualification letter was not on file and available to review at the facility. Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. G.S. 110-90.2(b) & (d) & .2703(e) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. In space #5, one (1) action plan expired 8/26/2024. .0801(b) Technical assistance was provided as follows: Item #840 In space #5, two (2) aerosol cans of shaving cream was observed unlocked five (5) feet up. The teacher moved the shaving cream to a locked cabinet. In space #2, one (1) gallon of multipurpose cleaner unlocked under the handwashing sink. Ms. Lautner moved this during the visit to a locked storage. The hallway storage closet that contained a cleaning cart was observed unlocked. The closest was locked during the visit. We discussed that any hazardous products in aerosol cans must be locked at all times and bulk chemicals must be locked. Rule Reference: 15A NCAC 18A.2820(b) Item #844 In space #5, one (1) emergency medication missing the original pharmacy label. Ms. Lautner moved the medication to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (a) Item #849 In space #5, two (1) emergency medication permission to administer medication forms that expired on 1/22/2025. One (1) emergency medication that expired on 11/2024. Ms. Lautner moved the medications and forms to the office until the parent picks up the child this afternoon. We discussed that it is best practice to have one (1) person check in the medications to ensure that all the requirements for medications is met prior to sending the medication to the classroom for use. Rule Reference: 10A NCAC 09 .0803 (b) Item #859 A monthly playground inspection was not completed for September 2024 through January 2025. Ms. Lautner completed the playground inspection during the visit and added a reminder to her monthly calendar to assist with remembering to complete the required inspections. Rule Reference: 10A NCAC 09 .0605(q) Item #1739 One (1) staff member file that was not on-site for review. The file is located at the West location. The staff member was present until 11:00a. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: 10A NCAC 09 .2318(1-8) Item #1757 Staff member S. Nutt valid qualifying letter was not site for review due to the file being housed at the West location. The staff member was present until 11:00a and left for the day. During the visit, the West location sent over an electronic file. Ms. Lautner printed the qualifying letter during the visit. We discussed that if the staff member will be caring for children at the East location a copy of the file will need to be on-site for review. Rule Reference: G.S. 110-90.2(b) & (d) & .2703(e) Item #1835 In space #5, one (1) action plan expired 8/26/2024. We discussed that the action plan will need to updated annually (ex. Action plan dated 8/26/2023 will need to be updated on or before 8/26/2024). Rule Reference: 10A NCAC 09 .0801 (b) (1-4) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 2/21/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We discussed if the facility combines with the West location, the administrator will need to notify me and contact subsidy to inform them which children will be enrolled for the summer program at the West location. We reviewed the First Aid and CPR approved trainers list. I stated that I would check into the Wilderness Emergency Medicine training that a new staff member brought to the facility when hired on 12/11/2024. When the administrator change takes place, the facility will need to notify me of the change. We reviewed supervision requirements when children are accessing their cubbies in the hallway. 10A NCAC 09 .1801 SUPERVISION IN CHILD CARE CENTERS Children shall be adequately supervised at all times in child care centers. Adequate supervision shall mean that: (1) staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render assistance; (2) staff must interact with the children while moving about the indoor or outdoor area; (3) staff must know where each child is located and be aware of the children's activities at all times; (4) staff must provide supervision appropriate to the individual age, needs, and capabilities of each child; and (5) staff must be able to see and hear children aged birth to five years old while the children are eating. All of the conditions in this Paragraph shall apply except when emergencies necessitate that adequate supervision is impossible. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. For groups of children aged two years or older, the staff/child ratio during nap time shall comply with the requirements of this Chapter if at least one person remains in the room, all children are visible to that person, and the total number of required staff are on the premises and within calling distance of the rooms occupied by children. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

May 24, 2024 — Annual Comp Full
14 violations cited
14 violations
  • Violation

    10A NCAC 09 .0601 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0304 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0601 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0604 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0803 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1101 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1102 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1103 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1703 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1801 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .2830 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-105 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-91 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    NC GS 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 5/24/2024 Number Present: 37 Completed Date: 5/24/2024 Age: From 1 To 6 Total Minutes: 315 Time In: 10:00 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. Upon arrival, I was greeted by Isabella Zingarino, Teacher. Ella Blazak, Administrator was conducting a parent tour. Ella Blazak, Administrator, was on-site and available to answer and ask questions. The program operates with a Four (4) Star Rated License, issued 2/25/2022. The permit restrictions were in compliance including first shift, meets enhanced space. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the computerized generated visit summary for your records. The last annual compliance visit was conducted on 8/21/2023. The last fire drill was practiced on 5/17/2024. The last lockdown drill was practiced on 5/10/2024. The last playground inspection was documented on 4/19/2024. The last fire inspection was approved on 8/21/2023. The last sanitation inspection was conducted on 3/5/2024 with five (5) demerits for a superior classification. The last lead and asbestos testing 8/9/2021. Testing is due by 8/9/2024. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Banks Street. All medications were monitored. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty three percent (83%) as of 5/22/2024. The North Carolina Secretary of State website was viewed prior to today’s visit and the non-profit corporation, Montessori Learning Community of Asheville Inc., is current/active as of 5/20/2024. During today’s visit, I the indoor and outdoor areas used by the children were monitored. In space #5, the group of three- to six-year-olds were engaged in free choice center play with legos, free art, and number matching. The staff members were actively supervising the children while engaging in play and conversations. While monitoring medications in this space, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I also observed one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. After free choice center play, the children cleaned up and prepared for lunch. Space #4 is currently used as the office and aftercare space during inclement weather. Space #3, the group of three- to five-year-old children were engaged in free play with blocks, listening, matching activity, and one on one letter sound activity. The staff members were actively supervising the children while engaging in one on one activities and moving about the indoor space. Space #2, the group of two- to three-year-old children were engaged in outdoor gross motor play. The staff were actively supervising the children. While monitoring the indoor space, I observed small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. Space #1, the group of one- to two-year-old children were engaged in free choice center play. After free choice center play, the group cleaned up and prepared for lunch. The children enrolled have a nutritional opt out form on file and bring their food from home. Staff and children’s files were monitored during the visit. I monitored eight (8) new staff, and two (2) existing staff file was monitored. The staff and training worksheet was received prior to today's visit via email on 5/1/2024. Staff file concerns: Six (6) staff members did not receive six (6) hours of orientation within the first two (2) weeks of orientation documented on the Documentation of Orientation form. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I monitored six (6) children’s files and completed the Children’s Record form. The program does not provide transportation. This program will provide summer camp this year. The staff and children moving from the West location will transfer files and reach out to subsidy to make them aware of the transfer. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 721 All equipment and furnishings were not in good repair. Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. G.S. 110-91(6); .0601(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoor space #1, active ant mounds were observed throughout the outdoor space. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. .2820(b) 844 Prescribed medicine was not in original labeled container or accompanied by signed and dated written instructions from prescribing physician or health care professional. In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container .0803(2)(a) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. .0604(q) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). .1101(a)(b) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. .1103(b) Technical assistance was provided as follows: Item #721 All equipment and furnishings were not in good repair. 10A NCAC 09 .0601 SAFE ENVIRONMENT (d) All equipment and furnishings not meeting the requirements of Paragraphs (b) and (c) of this Rule shall be removed from the premises immediately or made inaccessible to the children. - Outdoor space #1, one (1) broken shovel and one (1) broken colander was observed. The administrator removed the broken shovel and colander during the visit. I recommend conducting a daily outdoor check to ensure all materials and equipment are in good repair. Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - Outdoor space #1, active ant mounds were observed throughout the outdoor space. I suggest reaching out to an exterminator to have the outdoor space treated for ants. Item #840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. 15A NCAC 18A .2820 STORAGE (b) All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled shall be kept in its original container or in another labeled container, used according to the manufacturer's instructions and stored in a locked storage room or cabinet when not in use. Locked storage rooms and cabinets shall include those which are unlocked with a combination, electronic or magnetic device, key, or equivalent locking device. These unlocking devices shall be kept out of the reach of a child and shall not be stored in the lock. Toxic substances shall be stored below or separate from medications and food. Any product not listed above, which is labeled "keep out of reach of children" without any other warnings, shall be kept inaccessible to children when not in use, but is not required to be kept in locked storage. The product shall be considered inaccessible to children when stored on a shelf or in an unlocked cabinet that is mounted a minimum vertical distance of five feet above the finished floor. - In space #5, one (1) essential oil and one (1) aerosol can of spray located in an unlocked cabinet. The teacher moved these items to a locking cabinet located in the hallway. I recommend conducting a daily classroom check to ensure all hazardous products are stored appropriately according to the warning labels. Item #844 Prescribed medicine was not in original pharmacy labeled container. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (2) Prescribed medications: (a) shall be stored in the original containers in which they were dispensed with the pharmacy labels; - In space #1, one (1) Nystatin was not stored in the original pharmacy labeled container. I recommend conducting a medication check prior to releasing to the classroom to ensure that all forms are completed appropriately and that all medication is in the original container with original labels. Item #849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. - In space #5, one (1) Epi Pen permission to administer medication form expired on 4/25/2024 and one (1) Diazepam permission to administer medication form expired on 4/25/2024. I recommend conducting a monthly medication check to review permission to administer medication forms and the medication expiration dates to ensure that they are still valid. Item #858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. - In space #2, small pom poms and beads located on the art shelf were accessible to children under three years old. The administrator removed these items during the visit. I recommend reviewing appropriate materials with each staff member to ensure that all staff know what materials are acceptable for their age range. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Six (6) of the eight (8) new staff members did not receive six (6) clock hours of training with in the first two (2) weeks of employment. The documentation of orientation form documented three (3) to four (4) hours instead of the required six (6). I recommend when completing orientation training with all new staff to ensure that within the first two weeks, you cover the required topics and provide six (6) hours of training. Item #1899 Health and safety training topics were not included as part of on- going training within five years of completing the previous health and safety training topics. 10A NCAC 09 .1103 ON-GOING TRAINING AND PROFESSIONAL DEVELOPMENT (b) Health and safety training shall be completed as part of on-going training so that every five years, all of the topic areas set forth in 10A NCAC 09 .1102(b) will have been covered. - One (1) staff member hired 8/22/2018 health and safety training topics were not completed within five years of the previously completed health and safety training topic. I recommend creating a training calendar to document all staffs training due dates to ensure that all training are completed on time. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 6/7/2024. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: Today, we discussed the following: - Orientation- the first two weeks of orientation staff are required to receive a total of six (6) hours. - Six (6) hours of on-going training are due by 9/14/2024 for staff member hired 9/14/21. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Mar 18, 2024 — Unannounced
No violations cited
Clean
Mar 12, 2024 — Complaint Visit
2 violations cited
2 violations
  • Violation

    10A NCAC 09 .0713 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: 0324-086L Visit Date: 3/12/2024 Number Present: 10 Completed Date: 3/12/2024 Age: From 1 To 5 Total Minutes: 150 Time In: 03:00 PM Time Out: 05:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to obtain information regarding alleged violations of child care requirements. The allegations are as follows: There are concerns regarding staff/child ratio. Upon arrival, I was greeted by Ella Blazak, Administrator. She was currently conducting an interview and would be right out to assist me. We reviewed the reason for my visit. Ms. Blazak was available to assist me during the visit. Today, staff/child ratio, group size, supervision, use of licensed space, space capacity, license restrictions, developmentally appropriate environment, and nurture and care were monitored. The license and emergency medical care plan were posted. Additionally, I observed the indoor and outdoor environment used by the children. During today’s observation, I observed two (2) staff members with a group of ten (10) children ages one to five years old grouped together on the toddler playground. The staff members were maintaining the ratio for the youngest child present. The staff members were maintaining the space capacity for the toddler playground that is approved for thirteen (13) children at one hundred (100) square feet. While outdoors, the staff members were actively supervising the children by frequently scanning and moving about the outdoor space. The children were engaged with the slides, climber, and exploring the outdoor space. Based on information provided, on 3/7/2024, during aftercare, children ages eighteen (18) months to six years old are combined in the office space with up to fifteen (15) children. I interviewed the two (2) aftercare staff members and the administrator present. The staff members stated that aftercare operation begins at 3:30p and ends at 5:00p. The operational policies and procedures, attendance, sign-in/out were viewed to show staff/child ratios are being met. However, the grouping of children aged twelve (12) to twenty-four (24) months with children ages three and older was out of compliance. Based on information received from interviewed staff members and my observations, the finding regarding the allegations of concerns regarding staff/child ratio was substantiated. The following violations of child care requirements were observed today: Violation Number Comment Rule 318 Children between 12 and 24 months of age were grouped with children 3 years of age or older. Outdoor space #1, children ages one to five year old were grouped together engaged in outdoor gross motor play during aftercare. 10A NCAC 09 .0713(a)(6) Technical Assistance for Correction Plan: Item #318- Children between 12 and 24 months of age were grouped with children 3 years of age or older. 10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS (a) The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Ages Ratio Staff/Children Max Group Size 0 to 12 months 1:5 10 1 to 2 years 1:6 12 2 to 3 years 1:9 18 3 to 4 years 1:10 20 4 to 5 years 1:13 25 5 to 6 years 1:15 25 6 years and older 1:20 25 (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age; - Outdoor space #1, children ages one to five year old were grouped together engaged in outdoor gross motor play during aftercare. I suggest keeping the one and two year old separate from the three- to five-year-old during aftercare. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 3/26/2024. A follow-up visit will be conducted to ensure that this violation is being corrected. Because a violation regarding staff/child ratio was cited it could result in and Administrative Action. Refer to SECTION .2200 ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES regarding Administrative Actions. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Consultation: Today, we discussed the following: Children ages twelve (12) months to twenty-four (24) months cannot be grouped with children three years old and older, until the last operating hour of the day. We discussed for the first thirty (30) minutes of aftercare to separate the twelve (12) months to twenty-four (24) months children from the three years old and older children. Ensure the office space that is used for aftercare on inclement weather days is safe for the children in care. Hazardous products should be stored appropriately. Children staying in the aftercare program should be signed out of the primary care space and signed in at the aftercare space. Example: Child A signed out of primary care space at 3:29p by staff member EB. Then Child A signed in after care space at 3:30p by staff member EB. Attendance for aftercare should be separate from primary care attendance. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak Administrator, during the visit. A copy of the signed computerized generated visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: 0324-086L Visit Date: 3/12/2024 Number Present: 10 Completed Date: 3/12/2024 Age: From 1 To 5 Total Minutes: 150 Time In: 03:00 PM Time Out: 05:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to obtain information regarding alleged violations of child care requirements. The allegations are as follows: There are concerns regarding staff/child ratio. Upon arrival, I was greeted by Ella Blazak, Administrator. She was currently conducting an interview and would be right out to assist me. We reviewed the reason for my visit. Ms. Blazak was available to assist me during the visit. Today, staff/child ratio, group size, supervision, use of licensed space, space capacity, license restrictions, developmentally appropriate environment, and nurture and care were monitored. The license and emergency medical care plan were posted. Additionally, I observed the indoor and outdoor environment used by the children. During today’s observation, I observed two (2) staff members with a group of ten (10) children ages one to five years old grouped together on the toddler playground. The staff members were maintaining the ratio for the youngest child present. The staff members were maintaining the space capacity for the toddler playground that is approved for thirteen (13) children at one hundred (100) square feet. While outdoors, the staff members were actively supervising the children by frequently scanning and moving about the outdoor space. The children were engaged with the slides, climber, and exploring the outdoor space. Based on information provided, on 3/7/2024, during aftercare, children ages eighteen (18) months to six years old are combined in the office space with up to fifteen (15) children. I interviewed the two (2) aftercare staff members and the administrator present. The staff members stated that aftercare operation begins at 3:30p and ends at 5:00p. The operational policies and procedures, attendance, sign-in/out were viewed to show staff/child ratios are being met. However, the grouping of children aged twelve (12) to twenty-four (24) months with children ages three and older was out of compliance. Based on information received from interviewed staff members and my observations, the finding regarding the allegations of concerns regarding staff/child ratio was substantiated. The following violations of child care requirements were observed today: Violation Number Comment Rule 318 Children between 12 and 24 months of age were grouped with children 3 years of age or older. Outdoor space #1, children ages one to five year old were grouped together engaged in outdoor gross motor play during aftercare. 10A NCAC 09 .0713(a)(6) Technical Assistance for Correction Plan: Item #318- Children between 12 and 24 months of age were grouped with children 3 years of age or older. 10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS (a) The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: Ages Ratio Staff/Children Max Group Size 0 to 12 months 1:5 10 1 to 2 years 1:6 12 2 to 3 years 1:9 18 3 to 4 years 1:10 20 4 to 5 years 1:13 25 5 to 6 years 1:15 25 6 years and older 1:20 25 (6) except as provided in Subparagraph (2) of this Paragraph, children between the ages of 12 months and 24 months shall not be grouped with older children unless all children in the group are less than three years of age; - Outdoor space #1, children ages one to five year old were grouped together engaged in outdoor gross motor play during aftercare. I suggest keeping the one and two year old separate from the three- to five-year-old during aftercare. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 3/26/2024. A follow-up visit will be conducted to ensure that this violation is being corrected. Because a violation regarding staff/child ratio was cited it could result in and Administrative Action. Refer to SECTION .2200 ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES regarding Administrative Actions. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Consultation: Today, we discussed the following: Children ages twelve (12) months to twenty-four (24) months cannot be grouped with children three years old and older, until the last operating hour of the day. We discussed for the first thirty (30) minutes of aftercare to separate the twelve (12) months to twenty-four (24) months children from the three years old and older children. Ensure the office space that is used for aftercare on inclement weather days is safe for the children in care. Hazardous products should be stored appropriately. Children staying in the aftercare program should be signed out of the primary care space and signed in at the aftercare space. Example: Child A signed out of primary care space at 3:29p by staff member EB. Then Child A signed in after care space at 3:30p by staff member EB. Attendance for aftercare should be separate from primary care attendance. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak Administrator, during the visit. A copy of the signed computerized generated visit summary was left on-site with you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Feb 5, 2024 — Unannounced
No violations cited
Clean
Sep 8, 2023 — Complaint Visit
3 violations cited
3 violations
  • Violation

    10A NCAC 09 .0601 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: 0923-034L Visit Date: 9/8/2023 Number Present: 45 Completed Date: 9/8/2023 Age: From 1 To 6 Total Minutes: 147 Time In: 09:18 AM Time Out: 11:45 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to obtain information regarding alleged violations of child care requirements. The allegations are as follows: There are concerns of an unsafe environment as it relates to a child being bit by a dog who was at the facility. Upon arrival, I introduced myself to Ella Blazak, Administrator. We reviewed the reason for my visit. The administrator was available to assist me during the visit. Today, staff/child ratio, group size, supervision, use of licensed space, space capacity, license restrictions, and the indoor and outdoor learning environments were monitored. The license and emergency medical care plan were posted. Additionally, I observed the indoor and outdoor environment used by the children. In space #1, the group of two- to three-year-old children were engaged in free choice center play, one (1) was finishing up snack, and the staff member was showing the children how to peel and slice an apple using the apple slicer. Once the staff member was finished with showing the children how to peel and slice the apple to prepare to make apple sauce. After free play, the group transitioned outdoors for gross motor play. Space #2 is now the administrator’s office space. In space #3, the group of two- to four-year-old children were engaged in free play with the nesting toys, shape sorter, free art, toy bugs, and painting. In space #4, the group of two- to four-year-old children were engaged in free play with sand, and a fine motor activity with tweezers. In space #5, the group of two- to six-year-old children were engaged in free choice center play with a sorting activity for non-living and living, coloring, shapes. The staff were actively supervising the children and engaging in play with the children. All interactions were positive and nurturing. During the visit today, the facility was providing a safe indoor and outdoor environment. There were no dogs or unrestrained animals present. The child was present during today's visit and doing well. Based on information provided, on 9/5/2023, a three-year-old child was bitten on the face by a dog on 8/30/2023. I interviewed the one (1) staff member that was present on the date of the alleged incident. I asked the staff member to describe what happened the day of the incident, the staff member stated that they were walking through the office space to get the water pitcher out of the refrigerator. As they were walking through the office space, the staff member went to the right side of the table to access their water bottle on a cabinet and the children went to the left side of the table and the dog was laying in font of the administrator’s desk. The staff member grabbed their water bottle from the cabinet and looked back at the children to notice that the dog had bit the child in the face due to the dog and the child was both wanting the tennis ball. The staff member rushed over to the child to check on the child. The staff member saw that the child was bleeding and got a wet paper towel to apply pressure and talked to the children to state what they were going to do. The staff member moved the children to space #3 to allow the other child to play and to access the first aid kit. The staff member cleaned the child’s face and applied two (2) band aids. While taking care of the child the staff remained calm and talked to the children. Once the child was taken care of, the staff member notified the parents. When asked why the dog was present at the facility the day of the incident, the staff member stated they had a personal situation come up with the dog sitter and the dog was in the office space. The staff member stated that the dog is not present on a daily basis at the facility it was just the one (1) day the dog was present. The staff member stated that the dog will never be on-site again. When asked about the vaccination records for the dog, it was stated that the dog was not current with its rabies vaccine and a copy of the vaccine record was not on-site at the facility. Proper supervision of the children was observed today in each space. Developmentally appropriate materials and environments was accessible to all children. There are concerns of an unsafe environment as it relates to a child being bit by a dog who was at the facility was substantiated. The following violations of child care requirements were observed today: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. On 8/30/23 the date of the incident, the facility did not provide a safe indoor environment with the dog present on-site and bit a three-year-old child on the face. 10A NCAC 09 .0601(a) 9995 A violation was found for which there is no item number. Unrestrained animal, except those used in supervised activities or pet therapy programs, was allowed in a child care center, including the outdoor learning environment. Vaccination records were not on-site for review. On 8/30/23 the day of the incident, an unrestrained dog was on-site in the office space when children were walking through to get the water cooler out of the refrigerator. The dog did not have a copy of vaccination records on site and was not up to date with it’s rabies vaccine. Technical Assistance for Correction Plan: Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - On 8/30/23 the date of the incident, the facility did not provide a safe indoor environment with the dog present on-site and bit a three-year-old child on the face. Item #9995 Unrestrained animal, except those used in supervised activities or pet therapy programs, was allowed in a child care center, including the outdoor learning environment. Vaccination records were not on-site for review. 15A NCAC 18A .2831 ANIMAL AND VERMIN CONTROL (a) Unrestrained animals, except those used in supervised activities or pet therapy programs, shall not be allowed in a child care center, including the outdoor learning environment. When animals are on the premises, copies of vaccination records required by North Carolina law and local ordinances shall be available for review. Any animals kept as pets shall be examined by a veterinarian to determine that they are free from vermin, such as mites, lice, fleas, and ticks, and pathogens that could adversely affect human health. Turtles, iguanas, frogs, salamanders, and other reptiles or amphibians are not allowed to be kept as pets on the premises. Animals shall not be allowed in or kept at the entrances to food preparation areas. Animal cages shall be kept clean and waste materials shall be bagged, sealed, and immediately disposed of in the exterior garbage area in a covered container. Animals belonging to child care owners, employees, volunteers, visitors, and children shall not be allowed in child care centers or on the premises unless the above requirements are met. - On 8/30/23 the day of the incident, an unrestrained dog was on-site in the office space when children were walking through to get the water cooler out of the refrigerator. The dog did not have a copy of vaccination records on site and was not up to date with it’s rabies vaccine. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/22/2023. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Consultation: Today, we discussed the following: - We discussed the requirements for animals on-site at a child care facility. - The office space since it is licensed must meet all children care requirements since children will be accessing the office space. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrators, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0601 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: 0923-034L Visit Date: 9/8/2023 Number Present: 45 Completed Date: 9/8/2023 Age: From 1 To 6 Total Minutes: 147 Time In: 09:18 AM Time Out: 11:45 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to obtain information regarding alleged violations of child care requirements. The allegations are as follows: There are concerns of an unsafe environment as it relates to a child being bit by a dog who was at the facility. Upon arrival, I introduced myself to Ella Blazak, Administrator. We reviewed the reason for my visit. The administrator was available to assist me during the visit. Today, staff/child ratio, group size, supervision, use of licensed space, space capacity, license restrictions, and the indoor and outdoor learning environments were monitored. The license and emergency medical care plan were posted. Additionally, I observed the indoor and outdoor environment used by the children. In space #1, the group of two- to three-year-old children were engaged in free choice center play, one (1) was finishing up snack, and the staff member was showing the children how to peel and slice an apple using the apple slicer. Once the staff member was finished with showing the children how to peel and slice the apple to prepare to make apple sauce. After free play, the group transitioned outdoors for gross motor play. Space #2 is now the administrator’s office space. In space #3, the group of two- to four-year-old children were engaged in free play with the nesting toys, shape sorter, free art, toy bugs, and painting. In space #4, the group of two- to four-year-old children were engaged in free play with sand, and a fine motor activity with tweezers. In space #5, the group of two- to six-year-old children were engaged in free choice center play with a sorting activity for non-living and living, coloring, shapes. The staff were actively supervising the children and engaging in play with the children. All interactions were positive and nurturing. During the visit today, the facility was providing a safe indoor and outdoor environment. There were no dogs or unrestrained animals present. The child was present during today's visit and doing well. Based on information provided, on 9/5/2023, a three-year-old child was bitten on the face by a dog on 8/30/2023. I interviewed the one (1) staff member that was present on the date of the alleged incident. I asked the staff member to describe what happened the day of the incident, the staff member stated that they were walking through the office space to get the water pitcher out of the refrigerator. As they were walking through the office space, the staff member went to the right side of the table to access their water bottle on a cabinet and the children went to the left side of the table and the dog was laying in font of the administrator’s desk. The staff member grabbed their water bottle from the cabinet and looked back at the children to notice that the dog had bit the child in the face due to the dog and the child was both wanting the tennis ball. The staff member rushed over to the child to check on the child. The staff member saw that the child was bleeding and got a wet paper towel to apply pressure and talked to the children to state what they were going to do. The staff member moved the children to space #3 to allow the other child to play and to access the first aid kit. The staff member cleaned the child’s face and applied two (2) band aids. While taking care of the child the staff remained calm and talked to the children. Once the child was taken care of, the staff member notified the parents. When asked why the dog was present at the facility the day of the incident, the staff member stated they had a personal situation come up with the dog sitter and the dog was in the office space. The staff member stated that the dog is not present on a daily basis at the facility it was just the one (1) day the dog was present. The staff member stated that the dog will never be on-site again. When asked about the vaccination records for the dog, it was stated that the dog was not current with its rabies vaccine and a copy of the vaccine record was not on-site at the facility. Proper supervision of the children was observed today in each space. Developmentally appropriate materials and environments was accessible to all children. There are concerns of an unsafe environment as it relates to a child being bit by a dog who was at the facility was substantiated. The following violations of child care requirements were observed today: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. On 8/30/23 the date of the incident, the facility did not provide a safe indoor environment with the dog present on-site and bit a three-year-old child on the face. 10A NCAC 09 .0601(a) 9995 A violation was found for which there is no item number. Unrestrained animal, except those used in supervised activities or pet therapy programs, was allowed in a child care center, including the outdoor learning environment. Vaccination records were not on-site for review. On 8/30/23 the day of the incident, an unrestrained dog was on-site in the office space when children were walking through to get the water cooler out of the refrigerator. The dog did not have a copy of vaccination records on site and was not up to date with it’s rabies vaccine. Technical Assistance for Correction Plan: Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - On 8/30/23 the date of the incident, the facility did not provide a safe indoor environment with the dog present on-site and bit a three-year-old child on the face. Item #9995 Unrestrained animal, except those used in supervised activities or pet therapy programs, was allowed in a child care center, including the outdoor learning environment. Vaccination records were not on-site for review. 15A NCAC 18A .2831 ANIMAL AND VERMIN CONTROL (a) Unrestrained animals, except those used in supervised activities or pet therapy programs, shall not be allowed in a child care center, including the outdoor learning environment. When animals are on the premises, copies of vaccination records required by North Carolina law and local ordinances shall be available for review. Any animals kept as pets shall be examined by a veterinarian to determine that they are free from vermin, such as mites, lice, fleas, and ticks, and pathogens that could adversely affect human health. Turtles, iguanas, frogs, salamanders, and other reptiles or amphibians are not allowed to be kept as pets on the premises. Animals shall not be allowed in or kept at the entrances to food preparation areas. Animal cages shall be kept clean and waste materials shall be bagged, sealed, and immediately disposed of in the exterior garbage area in a covered container. Animals belonging to child care owners, employees, volunteers, visitors, and children shall not be allowed in child care centers or on the premises unless the above requirements are met. - On 8/30/23 the day of the incident, an unrestrained dog was on-site in the office space when children were walking through to get the water cooler out of the refrigerator. The dog did not have a copy of vaccination records on site and was not up to date with it’s rabies vaccine. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/22/2023. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Consultation: Today, we discussed the following: - We discussed the requirements for animals on-site at a child care facility. - The office space since it is licensed must meet all children care requirements since children will be accessing the office space. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrators, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: 0923-034L Visit Date: 9/8/2023 Number Present: 45 Completed Date: 9/8/2023 Age: From 1 To 6 Total Minutes: 147 Time In: 09:18 AM Time Out: 11:45 AM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to obtain information regarding alleged violations of child care requirements. The allegations are as follows: There are concerns of an unsafe environment as it relates to a child being bit by a dog who was at the facility. Upon arrival, I introduced myself to Ella Blazak, Administrator. We reviewed the reason for my visit. The administrator was available to assist me during the visit. Today, staff/child ratio, group size, supervision, use of licensed space, space capacity, license restrictions, and the indoor and outdoor learning environments were monitored. The license and emergency medical care plan were posted. Additionally, I observed the indoor and outdoor environment used by the children. In space #1, the group of two- to three-year-old children were engaged in free choice center play, one (1) was finishing up snack, and the staff member was showing the children how to peel and slice an apple using the apple slicer. Once the staff member was finished with showing the children how to peel and slice the apple to prepare to make apple sauce. After free play, the group transitioned outdoors for gross motor play. Space #2 is now the administrator’s office space. In space #3, the group of two- to four-year-old children were engaged in free play with the nesting toys, shape sorter, free art, toy bugs, and painting. In space #4, the group of two- to four-year-old children were engaged in free play with sand, and a fine motor activity with tweezers. In space #5, the group of two- to six-year-old children were engaged in free choice center play with a sorting activity for non-living and living, coloring, shapes. The staff were actively supervising the children and engaging in play with the children. All interactions were positive and nurturing. During the visit today, the facility was providing a safe indoor and outdoor environment. There were no dogs or unrestrained animals present. The child was present during today's visit and doing well. Based on information provided, on 9/5/2023, a three-year-old child was bitten on the face by a dog on 8/30/2023. I interviewed the one (1) staff member that was present on the date of the alleged incident. I asked the staff member to describe what happened the day of the incident, the staff member stated that they were walking through the office space to get the water pitcher out of the refrigerator. As they were walking through the office space, the staff member went to the right side of the table to access their water bottle on a cabinet and the children went to the left side of the table and the dog was laying in font of the administrator’s desk. The staff member grabbed their water bottle from the cabinet and looked back at the children to notice that the dog had bit the child in the face due to the dog and the child was both wanting the tennis ball. The staff member rushed over to the child to check on the child. The staff member saw that the child was bleeding and got a wet paper towel to apply pressure and talked to the children to state what they were going to do. The staff member moved the children to space #3 to allow the other child to play and to access the first aid kit. The staff member cleaned the child’s face and applied two (2) band aids. While taking care of the child the staff remained calm and talked to the children. Once the child was taken care of, the staff member notified the parents. When asked why the dog was present at the facility the day of the incident, the staff member stated they had a personal situation come up with the dog sitter and the dog was in the office space. The staff member stated that the dog is not present on a daily basis at the facility it was just the one (1) day the dog was present. The staff member stated that the dog will never be on-site again. When asked about the vaccination records for the dog, it was stated that the dog was not current with its rabies vaccine and a copy of the vaccine record was not on-site at the facility. Proper supervision of the children was observed today in each space. Developmentally appropriate materials and environments was accessible to all children. There are concerns of an unsafe environment as it relates to a child being bit by a dog who was at the facility was substantiated. The following violations of child care requirements were observed today: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. On 8/30/23 the date of the incident, the facility did not provide a safe indoor environment with the dog present on-site and bit a three-year-old child on the face. 10A NCAC 09 .0601(a) 9995 A violation was found for which there is no item number. Unrestrained animal, except those used in supervised activities or pet therapy programs, was allowed in a child care center, including the outdoor learning environment. Vaccination records were not on-site for review. On 8/30/23 the day of the incident, an unrestrained dog was on-site in the office space when children were walking through to get the water cooler out of the refrigerator. The dog did not have a copy of vaccination records on site and was not up to date with it’s rabies vaccine. Technical Assistance for Correction Plan: Item #807 A safe indoor and outdoor environment was not provided for the children. 10A NCAC 09 .0601 SAFE ENVIRONMENT (a) A safe indoor and outdoor environment shall be provided for the children in care in accordance with rules in this Section. - On 8/30/23 the date of the incident, the facility did not provide a safe indoor environment with the dog present on-site and bit a three-year-old child on the face. Item #9995 Unrestrained animal, except those used in supervised activities or pet therapy programs, was allowed in a child care center, including the outdoor learning environment. Vaccination records were not on-site for review. 15A NCAC 18A .2831 ANIMAL AND VERMIN CONTROL (a) Unrestrained animals, except those used in supervised activities or pet therapy programs, shall not be allowed in a child care center, including the outdoor learning environment. When animals are on the premises, copies of vaccination records required by North Carolina law and local ordinances shall be available for review. Any animals kept as pets shall be examined by a veterinarian to determine that they are free from vermin, such as mites, lice, fleas, and ticks, and pathogens that could adversely affect human health. Turtles, iguanas, frogs, salamanders, and other reptiles or amphibians are not allowed to be kept as pets on the premises. Animals shall not be allowed in or kept at the entrances to food preparation areas. Animal cages shall be kept clean and waste materials shall be bagged, sealed, and immediately disposed of in the exterior garbage area in a covered container. Animals belonging to child care owners, employees, volunteers, visitors, and children shall not be allowed in child care centers or on the premises unless the above requirements are met. - On 8/30/23 the day of the incident, an unrestrained dog was on-site in the office space when children were walking through to get the water cooler out of the refrigerator. The dog did not have a copy of vaccination records on site and was not up to date with it’s rabies vaccine. Corrective Action Plan: All violations are required to be corrected immediately. However, if at any time you are unable to correct all violations within the specified time frame, please send a written statement regarding those violations that were corrected and include a specific plan for correction of the remaining violations. Please be aware that any written information submitted by you regarding correction of violations documented during today’s visit would be considered as legal documentation. Therefore, it is important that all information submitted be accurate and truthful. Please be aware that if it is determined that information submitted was inaccurate or willfully falsified, an Administrative Action, including Revocation of the facility’s license could be issued. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/22/2023. Email the compliance letter on signed letterhead or on the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Falsification of any information may result in a revocation of your license. You must maintain at least 75% Compliance History for each 18-month period as required by G.S. 110-90(4) (c). Please note any violations cited today and during future visits will negatively impact your compliance history. Repeated violations or violations left unresolved may lead to an administrative action. Consultation: Today, we discussed the following: - We discussed the requirements for animals on-site at a child care facility. - The office space since it is licensed must meet all children care requirements since children will be accessing the office space. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Ella Blazak, Administrators, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Aug 24, 2023 — Unannounced
No violations cited
Clean
Aug 21, 2023 — Annual Comp Full
16 violations cited
16 violations
  • Violation

    10A NCAC 09 .0102 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0304 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0514 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0607 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0608 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0701 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0802 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0803 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1101 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1102 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1703 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .1801 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .2830 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    G.S. 110-105 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    NC GS 110-90 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

  • Violation

    10A NCAC 09 .0601 · Violation

    Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 8/21/2023 Number Present: 0 Completed Date: 8/21/2023 Age: From 0 To 0 Total Minutes: 270 Time In: 09:45 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with staff and children’s files, and program records during an unannounced annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by Karla Terry, Child Care Consultant and also signed by Caitlin Thomas, Administrator, and Ella Blazak, Administrator, during the visit. An electronic signed copy of the visit summary was electronically emailed to you. Caitlin Thomas, Administrator, and Ella Blazak, Administrator was available during the visit. The staff files, children’s files, and program records were monitored. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-two (82%) percentage as of 8/18/2023. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, Montessori Learning Community of Asheville, Inc., is current/active as of 8/18/2023. Permit type – Four (4) Star Rated License, issued 2/25/2022. Special Services/Restrictions – First shift, meets enhanced ratios. The last annual compliance visit was conducted on 8/3/2022. An annual compliance visit has not been conducted due to the facility license was inactive till 8/8/2023. The program staff were on-site beginning 8/4/2023 to reassemble the classrooms and prep for the upcoming school year. The children will be in attendance beginning 8/23/2023. The last fire drill was practiced on 5/10/2023. The last shelter-in-place drill was practiced on 5/10/2023. The last playground inspection was documented on 5/24/2023. The last fire inspection was approved on 8/24/2022. The last sanitation inspection was conducted on 4/28/2023 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. The Emergency Preparedness and Response plan was updated during the visit 8/21/2023. Upon arrival, I introduced my presence to the Administrator. Children were not present during today’s visit. The staff are working on setting up their classrooms and preparing for the upcoming school year. An on-site First Aid and CPR training for staff was being conducted for staff members needing to renew their certification. The children enrolled will begin in attendance on 8/23/2023. There are thirteen (13) staff members. I monitored six (6) new staff member and one (1) existing staff member files. Staff and training worksheet was completed during the visit for the staff member files monitored. The administrator completed the staff and training worksheet for the remaining existing staff members. The annual compliance monitoring checklist was not completed during this visit due to children were not present. The annual compliance monitoring checklist will be completed during the next visit when children are in attendance. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. Outside on outdoor space #1 the toddler playground I observed active ant mounds. In outdoor space #2, the primary playground I observed the felt protective barrier exposed in the rock area creating a potential trip hazard. 10A NCAC 09 .0601(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. In space #5, Clorox bleach wipes with multiple warnings were located in an unlocked cabinet on the top shelf. The administrator corrected this during the visit by moving it to a locked cabinet. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. In space #3, child MM albuterol inhaler did not have a permission to administer medication form completed and on-site with the medication. Child HG sunscreen did not have permission to administer medication form completed and on-site with the cream. In space #4, child MV Diazepam did not have a permission to administer medication form completed and on-site with the medication. 10A NCAC 09 .0803(1)(a & b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. .0701(a) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. .1101(a)(b) 1232 Each employee's personnel file did not contain an annual staff evaluation and a staff development plan. Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). 10A NCAC 09 .0514(f) 1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. .0802(c) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. .0607(e) 1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. .0608(d)(1-4) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. .1102(g) 1898 Staff did not complete the health and safety training within one year of employment. Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. .1102(a) Technical assistance was provided as follows: Item #1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: Child care providers and uncompensated providers who are not substitute providers or volunteers as defined in 10A NCAC 09 .0102, including the director. Item Requirements: Medical Report A statement signed by a health care professional that indicates that the person is emotionally and physically fit to care for children. Due Date: Prior to employment. When submitted, the medical statement shall not be older than 12 months. - Staff member MF hired 1/2/2023 medical report was not on file prior to employment, medical report on file was dated 1/4/2023. Staff member AM hired 7/25/2022 medical report was not on file prior to employment, medical report on file was dated 6/24/2023. Item #1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating they were free of active TB and/or TB test or screening was older than 12 months. 10A NCAC 09 .0701 HEALTH STANDARDS FOR CHILD CARE PROVIDERS, SUBSTITUTE PROVIDERS, VOLUNTEERS, AND UNCOMPENSATED PROVIDERS (a) Health and emergency information shall be obtained for staff members as specified in the chart below: Required for: All staff, including the director and individuals who volunteer more than once per week. Item Requirements: Tuberculin (TB) Test or Screening The results indicating the individual is free of active tuberculosis shall be obtained within the 12 months prior to the date of employment. Due Date: On or before first day of work. - Staff member MF hired 1/2/2023 TB was not on file prior to employment, TB on file was dated 1/4/2023. Staff member AM hired 7/25/2022 TB was not on file prior to employment, TB on file was dated 6/24/2023. Item #1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. 10A NCAC 09 .1101 NEW STAFF ORIENTATION REQUIREMENTS (a) Each center shall ensure that each new employee who is expected to have contact with children receives 16 hours of on-site orientation within the first six weeks of employment. As part of this orientation, each new employee shall complete six hours of orientation within the first two weeks of employment. (b) New staff orientation shall include an overview of the following topics, focusing on the operation of the center: New staff orientation within first two (2) weeks of employment: Information regarding recognizing, responding to, and reporting child abuse, neglect, or maltreatment pursuant to G.S. 110-105.4 and G.S. 7B-301; Review of the center's operational policies, including the center's safe sleep policy for infants, the center's policy for transportation, the center's identification of building and premises safety issues, the Emergency Preparedness and Response Plan, and the emergency medical care plan; Adequate supervision of children in accordance with 10A NCAC 09 .1801; Information regarding prevention of shaken baby syndrome and abusive head trauma and child maltreatment; Prevention and control of infectious diseases, including immunization. New staff orientation within first six (6) weeks of employment Firsthand observation of the center's daily operations; Instruction in the employee's assigned duties; Instruction in the maintenance of a safe and healthy environment; Instruction in the administration of medication to children in accordance with 10A NCAC 09 .0803; Review of the center's purposes and goals; Review of the child care licensing law and rules; Review of Section .2800 of this Chapter if the center has a two- through five- star license at the time of employment; An explanation of the role of State and local government agencies in the regulation of child care, their impact on the operation of the center, and their availability as a resource; An explanation of the employee's obligation to cooperate with representatives of State and local government agencies during visits and investigations; Prevention of and response to emergencies due to food and allergic reactions; Review of the center's handling and storage of hazardous materials and the appropriate disposal of biocontaminants. - Staff member AM hired 7/25/2022 did not complete six (6) clock hours of training within the first two (2) weeks of employment. Item #1232 Each employee’s personnel file did not contain an annual staff evaluation and a staff development plan. 10A NCAC 09 .0514 OPERATIONAL AND PERSONNEL POLICIES (f) In addition to all records required in Rule .0302(d) of this Chapter, each employee's personnel file shall contain an annual staff evaluation and staff development plan. - Staff member AM hired 7/25/2022 staff file did not contain an annual staff development plan. When asked the administrator stated that they would complete the staff development plan tomorrow (8/22/23). Item #1311 Emergency medical care information was not on file in the center on the child's first day of attendance and/or was not updated as changes occurred or at least annually for each child. 10A NCAC 09 .0802 EMERGENCY MEDICAL CARE (c) Emergency medical care information shall be on file for each child. That information shall include: (1) the name, address, and telephone number of the parent or other person to be contacted in case of an emergency; (2) the responsible party's choice of health care professional; (3) any chronic illness and any medication taken for that illness; and (4) any other information that has a direct bearing on ensuring safe medical treatment for the child. This emergency medical care information shall be on file in the center on the child's first day of attendance and shall be updated as changes occur and at least annually. - Children ZC enrolled 8/25/2022, and SS enrolled 10/18/2021 emergency medical care information was not updated annually. Item #1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. 10A NCAC 09 .0607 EMERGENCY PREPAREDNESS AND RESPONSE IN CHILD CARE CENTERS (e) The trained staff shall review the Emergency Preparedness and Response Plan annually, or when information in the plan changes, to ensure all information is current. - The facility Emergency Preparedness and Response (EPR) plan was not updated annually, the EPR plan on file was dated 10/19/2021. The administrator updated it during the visit. Item #1874 The Prevention of Shaken Baby Syndrome and Abusive Head Trauma policy was not reviewed with new staff prior to providing care with children and/or a signed acknowledgement with all the required information was not maintained in the staff person's file. 10A NCAC 09 .0608 PREVENTION OF SHAKEN BABY SYNDROME AND ABUSIVE HEAD TRAUMA (d) Within 30 days of adopting the policy, the child care center shall review the policy with existing staff members who provide care for children up to five years of age. Each child care center shall review the policy with new staff members prior to the individual providing care to children. The acknowledgement of this review shall contain: (1) the individual’s name; (2) the date the center’s policy was given and explained to the individual; (3) the individual’s signature; and (4) the date the individual signed the acknowledgment. The child care center shall retain the acknowledgement in the staff member’s file. - Staff member MF hired 1/2/2023 and BT hired 8/16/2021 Prevention of Shaken Baby Syndrome and Abusive Head Trauma was not reviewed prior to caring for children. Item #1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS (g) The child care administrator and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. This training shall count toward requirements set forth in Rule .1103 of this Section. Recognizing and Responding to Suspicions of Child Maltreatment training is available at https://www.preventchildabusenc.org/services/trainings-and-professional-development/rrcourse. A certificate of each staff member's completion of this course shall be maintained in the staff member's file in the center. - Staff member MF hired 1/2/2023 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 10/23/2017. Staff member EG hired 8/24/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/28/2023. Staff member AM hired 7/25/2022 did not complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. The certificate on file was dated 6/30/2023. Item #1898 Staff did not complete the health and safety training within one year of employment. 10A NCAC 09 .1102 HEALTH AND SAFETY TRAINING REQUIREMENTS a) Child care administrators and staff members shall complete health and safety training within one year of employment, unless the staff member has completed the training within the year prior to beginning employment. Health and safety training shall be in addition to the new staff orientation requirements set forth in Rule .1101 of this Section. The following persons shall be exempt from this requirement: (1) staff members that do not have caregiving responsibilities for a child or group of children; (2) service providers such as speech therapists, occupational therapists, and physical therapists; and (3) substitute providers who provide services for less than 10 days in a 12-month period. - Staff member AM hired 7/25/2022 did not complete the health and safety training within one year of employment. The last training topic was completed 8/21/2023. Corrective Action Plan: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 9/4/2023. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: Today, we discussed the following: - It is very important that you keep me informed of any changes or closures at your facility. This information is to be share thirty (30) days prior to the change or closure. Be sure to share with me a list of any planned closures for the 2023-2024 fiscal year. - A visit will be conducted once normal operation begins with children in attendance. - Fire inspection is due to be completed by 8/24/2023. - Create a staff confidential file for all medical records and health questionnaires. - Need to complete the administrator paperwork to add Ella Thomas as the administrator for this facility. - Resuming Rated License- Resuming Rated License- The facility is in cohort 3. The year of preparation began July 1, 2025, and will end on June 30, 2026. The year of assessment will begin July 1, 2026, and end June 30, 2027. Be sure to take advantage of the preparation year assessment during your preparation year. If you have any questions or concerns regarding the Stabilization Grant, please contact Kaitlyn Marshall, Child Care Consultant, at 828-713-8192 or email kaitlyn.marshall@dhhs.nc.gov. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Child Care Rule 10A NCAC 09 .2830 MAINTAINING THE STAR RATING (a)A representative of the Division may make announced or unannounced visits to facilities to assess on-going compliance with the requirements of a star rating after it has been issued. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Failure to maintain the same education point level may result in a violation of the above rule reference and may result in a reduction of stars. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Questions to ask on your tour

Generated from this facility's specific inspection record

  1. 1The May 6, 2026 inspection noted: “Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date…” — what has changed since then?
  2. 2The Apr 27, 2026 inspection noted: “Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date…” — what has changed since then?
  3. 3The May 16, 2025 inspection noted: “Name of Operation: MONTESSORI LEARNING COMMUNITY OF ASHEVILLE, EAST Facility ID: 11000924 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date…” — what has changed since then?

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