5.24 · A Program Administrator or a designated Site Director shall be present at the program more than 50% of the time children are present.

Staff statements and the staff sign in sheets confirm that the site director is present less than 50% of the hours of operation. Staff sign in sheets show this requirement was not met for the months of January, February, or March.

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5.12 · The licensee shall ensure that all new staff prior to working with children in the Afterschool Child Care Program; and any new individual designated as the representative of the licensee shall submit 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 two staff persons present providing care have not completed the fingerprint clearance process. Staff person A has been employed since September 2021 and the program was notified of the need to complete the fingerprint clearance process on 09/22/2021. Staff person B has been employed since December 2002 and the program was notified of the need to complete the fingerprint clearance process on 12/06/2022.

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18.79 · The Licensee shall maintain a current list of the Licensee or Designee, Staff, and Volunteers, as applicable in BFIS. Any changes shall be reported through BFIS within five working days of the change.

The on site Program Director reportedly did not return to the program at the start of the 2019-2020 school year. As of the date of this visit, this person was still listed in the BFIS system as the program director.

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18.77 · Within six months of the initial date of employment, Staff working with children and the Site Director and/or Program Administrator 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 in Section 5 of these regulations shall be submitted to NLCDC to be verified and maintained in BFIS.

Staff person A and Staff person B have each been working at the program for more than one year. Neither staff person has documention of qualifications in their Quality and Credential accounts.

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10.8 · The licensee shall develop and maintain a written Emergency Response Plan to respond to a full range of emergencies both natural and man-made. A complete plan shall include how the licensee will address and manage the following situations and responsibilities: * Evacuations of the building for fire or other emergencies such as lockdown situations and sheltering-in-place; * Specific concerns related to the location of the program, such as proximity to a nuclear reactor, an area prone to flooding or power loss; * Notifying the local authorities of the emergency; * A system for notifying the parents of the emergency; * Notifying the local emergency planning committee regarding the location of the Afterschool Child Care Program and using the committee as a resource in emergency planning for the program; * A system of identifying the children and staff present at the time of the emergency and maintaining knowledge of their whereabouts; * A plan for handling children with special needs; * An established evacuation meeting location within walking distance of the Afterschool Child Care Program; * Responsibility to account for all children and staff at the evacuation meeting place; * An established plan for relocation if necessary including safe transportation; and * Staff chain of command and individual staff roles and responsibilities, (if applicable) during emergencies.

The document titled emergency procedures which was presented by staff as the emergency response plan for the program contains only one of the required eleven bullet points listed in this rule. The plan lists local authorites to contact for emergencies. The response plan does not address any other requirements of this rule.

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10.9 · Emergency evacuations shall be practiced with the children each month. A record of practice drills for the previous and current year shall be maintained and available onsite. Practice drills may be pre-announced. There shall be: * a system in place to assure that all children are accounted for at a predetermined safe place; * a safety plan that may include additional lock down practices and procedures.

The emergency evacuation drills for the 2018-2019 school year are not available for review.

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12.14 · Cushioning material which is absorbent shall be in place under climbers, slides, swings, or other structures which allow children to achieve a height of more than thirty inches. The depth of surfacing materials shall be appropriate to the height and use of the equipment as outlined by the Consumer Product Safety Commission's National Playground Safety Standards (see Appendix B). Surfacing material shall be maintained in good condition. Grass, bare ground, asphalt and concrete are prohibited under these structures. If weather conditions make the use of equipment unsafe, Staff shall keep children off of the equipment.

The black landscrape fabric protruding through the cushioning material creates a tripping and/or fall hazard for at least two of the swings.

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12.10 · Each day the program is operating and prior to use by children a designated person shall: * inspect the playground equipment and fencing to ensure it is in good repair. Equipment found in disrepair shall be either repaired or not used by children until appropriate repairs are made; and * inspect the playground for hazardous materials (for example, broken glass, syringes, condoms, etc.). Hazardous materials shall be removed prior to the playground being used by children.

Children and staff were observed sitting upon the two picnic tables which each had sections of chipping peeling paint and splintering wood on the table surface benches and support beanms. One picnic table has a 1 inch by 12 inch section of crawcked and splintering wood upon a bench seat. Children were observed sitting upon this section during the visit. The second picnic table has a bench that is missing the second plank for seating. There is splintering wood at the corner of support beam connecting the one plank to the table.

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9.1 · Staff shall use positive methods of guidance that meet the individual needs of each child and encourage self-control, self-direction, self-esteem and cooperation including: * redirection * planning ahead to prevent problems * reinforcing and praising appropriate behavior * encouraging children to express their feelings and ideas instead of solving problems with force.

A nine year old child was instructed to "sit out" at the picnic table for his second incident of jumping off the swings. Staff person, Dan who had set the requirement did not discuss nor approach the child while the child was seated at the picnic table. The child was heard telling an agemate "I am expelled". The group transistioned back inside the building without any resolution. During inside snack preparation and handwashing, a kindergartner was requried to sit at a school desk which faced the wall after he had been turning over stools in the room and running in the program space. When asked about this intervention, staff stated that the child would be required to sit at the table for a couple of minutes until the child was told to get up by a staff person.

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