5.4.1.1 · The FCCP shall ensure that each child, except school age children, has an individual crib, port-a-crib, cot, mat, or bed that is safe for the child's age and development, in good repair, and used by only one child each day. No child shall nap directly on the floor or on furniture not designed for sleeping. Cribs or port-a-cribs shall be used for children under the age of twelve (12) months. Children shall not nap in cribs or port-a-cribs if they are physically able to climb out unassisted.

It was confirmed that the two ten month old children have been sleeping on mats. It was acknowledged that program had not planned for crib use for children under one year of age.

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2.3.7.3.1 · The prospective FCCP shall submit a Records Check Authorization form to the Division with the initial application and shall submit to fingerprinting at a location designated by the Division after having received the Fingerprinting Authorization Certificate by the Division.

Staff person A has been employed since June 2020 and has not completed the required fingerprinting process. The program was notified on June 8, 2020 of the fingerprint requirements.

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5.10.3.1.1 · There shall be a safe outdoor play area large enough to provide opportunities for vigorous play and large muscle activity on the premises or within a safe walking distance of the FCCH approved by the Division.

Hard surfaced items are in the use zones of the two rope swings and this presents as a hazard to children's play. Children stand upon a hard plastic large tube to access one rope and there is plastic play structure position laying on its side on the ground within 2 feet of the access to this rope. Children reportedly stand upon the hard plastic tube to hold onto the knots on the this rope and sway out and around whilst keeping their feet upon the plastic tube. The presence of the tube under the rope and the close proximity of the additional play structure are within the use zone for the rope. There is a longer rope with knots from which children reportedly hold onto and lift their feet off the ground to swing about the area. This rope is within 3 feet of the plastic tube which puts the tube within the require safe use zone for the rope.

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3.3.6.1 · The FCCP shall maintain a record of the date of each evacuation drill as required in the rules in section 3.6.2 of these regulations that includes the number of children, staff evacuated, time taken to evacuate, and notation of the drill conducted while children were sleeping or resting. Evacuation records shall be kept for two (2) years.

It was reported that the documentation for the completed monthly evacuation drills has been lost. The frequency, actions, and meeting place of evacaution drills were confirmed by staff persons.

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7.2.1 · The FCCP shall ensure that all new staff, and any new individual with unsupervised access to children in the FCCH submits a Records Check Authorization form to the Division and shall submit to fingerprinting at a location designated by the Division after having received the Fingerprinting Authorization Certificate by the Division.

The program and Staff person B were notified by the Division that fingerprint processing was required on 06/08/2020, and the program and Staff person C were notified by the Division that fingerprint renewal processing was required on 07/26/2021. It is a program's responsiblity to ensure staff persons complete this requirement which may include intermittently contacting the fingerprinting processing location for updates on operation and/or reaching out to the Division for guidance about alternate locations. Although the COVID pandemic limited access to fingerprint processing centers, it was confirmed that the Newfane Sheriff's office has had availability for fingerprinting process at times between June 2020 and 12/01/2021.

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7.2.2 · The FCCP shall submit a Records Check Authorization form to the Division for any new individuals, sixteen (16) years of age or older, residing in the FCCH or present more than five (5) times in 365 days during the FCCH's hours of operation as required in the rule 2.3.7.2 of these regulations.

Staff person A is present providing care for what is reported to be this person's third time over at least 3 months time and this person has not submitted a record check authorization form. A service provider has reportedly been visiting the program one time per week during the months of January through May 2020 and one day per week for the months of September through November 2021 and this person has not submitted a record check authorization form.

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7.1.3 · Orientation of FCCP and New Staff The FCCP shall complete an orientation training session approved by the Division prior to beginning care for children. The FCCP shall ensure staff complete an orientation training session approved by the Division prior to being left alone with children. Trainees shall complete the orientation training within one (1) month of their first date of working with children. The orientation training session shall include: * Basic knowledge of child growth and development; * Routine and emergency health protection of children including health related exclusions; * Safety and sanitation requirements including handling and storage of hazardous materials and disposal of bio contaminants; * Positive behavior management; * Supervision of children; * Child accident and injury procedures including building and physical premises safety; * Safe sleep practices; * Administration of medication requirements; * Emergency and evacuation requirements; * Nutrition and food safety including prevention of and response to emergencies due to food and allergic reactions; * Recordkeeping; * Transportation and child passenger safety; * Release of children; * Respectful engagement of families; * Preventing, recognizing, and reporting child abuse and neglect, including information about the signs and symptoms of sexual abuse, sexual violence, grooming processes, recognizing the dangers of child sexual abuse, and other predatory behaviors of sex offenders; * Recognition of and response to the symptoms of common childhood illnesses; * Preventing the spread of infectious disease; * Providing developmentally appropriate activities and experiences for children; * Inclusion of children with special needs; * Guidelines for volunteers, trainees, and partner staff; * Responsibility to comply with current applicable licensing regulations; * Background check requirements to include changes in situations, restrictions, and exceptions for those prohibited by these regulations; * Staffing requirements to include opening and closing; and * Ensuring children have extra clothes and diapers available.

Staff person B has been employed since June 2020 and has not completed the required orientation. It was confirmed that this person has worked directly with children and been counted in staff to child ratio.

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3.3.7.3 · Within six (6) months of initial date of employment, the FCCP and all staff shall maintain an up-to-date BFIS Quality and Credential Account. Documentation, verification of qualifications, and all annual professional development activities as specified in the rules sections 7.3 and 7.4 of these regulations shall be submitted to NLCDC to be verified and maintained in BFIS.

Staff person B has been employed more than 6 months and there is no documentation within this person's BFIS quality and credential account. Staff person D's quality and credential account is missing documentation of a High School Diploma or GED certificate and documentation verifying CPR/1st aid certification

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