5.5 Monitoring and Enforcement of Licensing and Health and Safety Requirements

5.5.1 Inspections for licensed CCDF providers of and protection from hazards, bodies of water, and vehicular traffic f. Prevention of shaken baby syndrome, abusive head trauma and child maltreatment [x] [x] [x] g. Emergency preparedness and response planning and procedures [x] [x] [ ] h. Handling and storage of hazardous materials and disposal of biocontaminants [x] [x] [ ] i. Appropriate Precautions in transporting children, if applicable [x] [x] [ ] j. Pediatric first aid and pediatric CPR (age- appropriate) [x] [x] [x] k. Child abuse and neglect recognition and reporting [x] [x] [x] l. Child development including major domains of cognitive, social, emotional, physical development and approaches to learning. [x] [x] [ ] Licensing inspectors must perform at least one annual, unannounced inspection of each licensed CCDF provider for compliance with all child care licensing standards, including an inspection for compliance with health and safety and fire standards. Lead Agencies must conduct at least one pre-licensure inspection for compliance with health, safety, and fire standards of each child care provider and facility in the State/Territory. a. Licensed CCDF center-based providers i. Does your pre-licensure inspection for licensed center-based providers assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed center- based providers addressing compliance with health, safety, and fire standards: [ ] Annually. [x] More than once a year. If more than once a year, describe: In addition to the annual renewal inspection, providers may be selected for an annual unannounced inspection. OCDEL selects at least 10 percent of regulated providers to participate in these inspections. OCDEL also conducts unannounced inspections regarding complaints, and when a provider is operating under a negative sanction, they will receive a minimum number of monthly inspections. OCDEL received notice of non-compliance related to not conducting an annual unannounced inspection for compliance with the requirement for disposal of biocontaminants for Center and Group School-Age providers located in a school building on May 28, 2024. To address this noncompliance by October 1, 2024, a policy announcement will be shared with the field, which includes the addition of monitoring compliance with biocontaminant disposal for this provider type during inspection visits. [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: N/A iv. Identify which department or agency is responsible for completing the inspections for licensed center-based providers. OCDEL’s Bureau of Certification Services b. Licensed CCDF family child care providers i. Does your pre-licensure inspection for licensed family child care homes assess compliance with health standards, safety standards, and fire standards? [x] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed family child care homes addressing compliance with health, safety, and fire standards: [ ] Annually. [x] More than once a year. If more than once a year, describe: In addition to the annual renewal inspection, providers may be selected as part of the annual unannounced inspection initiative. OCDEL selects 10 percent of regulated providers to participate in these inspections. [ ] Other. If other, describe: iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. If no, describe: N/A iv. Identify which department or agency is responsible for completing the inspections for licensed family child care providers. OCDEL’s Bureau of Certification Services c. Licensed in-home CCDF child care providers i. Does your Lead Agency license CCDF in-home child care (care in the child’s own home) providers? [x] No. [ ] Yes. If yes, does your pre-licensure inspection for licensed in-home providers assess compliance with health, safety, and fire standards? [ ] Yes. [ ] No. If no, describe: ii. Identify the frequency of annual unannounced inspections for licensed in-home child care providers for compliance with health, safety, and fire standards completed: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: PA does not license in-home child care. iii. Does the Lead Agency implement a differential monitoring approach when monitoring licensed in-home child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iv. Identify which department or agency is responsible for completing the inspections for licensed in-home providers. PA does not license in-home child care. 5.5.2 Inspections for license-exempt providers Licensing inspectors must perform at least one annual monitoring visit of each license-exempt CCDF provider for compliance with health, safety, and fire standards. Inspections for relative providers will be addressed in subsection 5.8. Describe the policies and practices for the annual monitoring of: a. License-exempt CCDF center-based child care providers i. Identify the frequency of inspections for compliance with health, safety, and fire standards for license-exempt center-based providers: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: PA does not have license exempt providers. ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt center-based providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt center-based CCDF providers. N/A. PA does not have license exempt providers. b. License-exempt CCDF family child care providers i. Identify the frequency of the inspections of license-exempt family child care providers to determine compliance with health, safety, and fire standards: [ ] Annually. [ ] More than once a year. If more than once a year, describe: [x] Other. If other, describe: PA does not have license exempt providers. ii. Does the Lead Agency implement a differential monitoring approach when monitoring license-exempt family child care providers? [ ] Yes. If yes, describe how the differential monitoring approach is representative of the full complement of health and safety requirements. [x] No. iii. Identify which department or agency is responsible for completing the inspections for license-exempt family child care providers. N/A. PA does not have license exempt providers. 5.5.3 Inspections for CCDF license-exempt in-home child care providers Lead Agencies may develop alternate monitoring requirements for care provided in the child’s home that are appropriate to the setting. This flexibility cannot be used to bypass the monitoring requirement altogether. a. Describe the requirements for the annual monitoring of CCDF license-exempt in-home child care (care in the child’s own home) providers, including if monitoring is announced or unannounced, occurs more frequently than once per year, and if differential monitoring procedures are used. PA does not have license exempt providers. b. List the entity(ies) in your State/Territory responsible for conducting inspections of license-exempt CCDF in-home child care (care in the child’s own home) providers: N/A, PA does not have license exempt providers. 5.5.4 Posting monitoring and inspection reports Lead Agencies must post monitoring and inspection reports on their consumer education website for each licensed and CCDF child care provider, except in cases where the provider is related to all the children in their care. These reports must include the results of required annual monitoring visits and visits due to major substantiated complaints about a provider’s failure to comply with health and safety requirements and child care policies. A full report covers everything in the monitoring visit, including areas of compliance and non-compliance. If the Lead Agency does not produce any reports that include areas of compliance, the website must include information about all areas covered by a monitoring visit. The reports must be in plain language or provide a plain language summary Lead Agency and be timely to ensure that the results of the reports are available and easily understood by parents when they are deciding on a child care provider. Lead Agencies must post at least 3 years of monitoring and inspection reports. a. Does the Lead Agency post: i. [ ] Pre-licensing inspection reports for licensed programs. ii. [ ] Full monitoring and inspection reports that include areas of compliance and non-compliance for all non-relative providers eligible to provide CCDF services. iii. [x] Monitoring and inspection reports that include areas of non-compliance only, with information about all areas covered by a monitoring visit posted separately on the website (e.g., a blank checklist used by monitors) for all non-relative providers eligible to provide CCDF services. If checked, provide a direct URL/website link to the website where a blank checklist is posted: Blank checklists used by monitors can be accessed at https://www.pa.gov/en/agencies/dhs/resources/for-providers/child-care-for- providers/child-care-regulations.html near the bottom of the page. iv. [x] Other. Describe: Pennsylvania plans to submit a waiver for compliance with the new rule requirement that specifies monitoring and inspection reports include both areas of non-compliance and compliance. OCDEL’s consumer education website (Find Child Care PA) currently has functionality for the public to view summary inspection reports of certified child care providers. The reports, however, only detail areas of non-compliance, the correction required, and the provider’s plan of correction. Full monitoring reports and areas of compliance are not available. For OCDEL to adhere to the Final Rule, some modifications will need to be made to the consumer education website and the transfer of inspection data from PELICAN ￿ Certification and Licensing System (PELICAN-CLS). b. Check if the monitoring and inspection reports and any related plain language summaries include: i. [x] Date of inspection. ii. [x] Health and safety violations, including those violations that resulted in fatalities or serious injuries occurring at the provider. Describe how these health and safety violations are prominently displayed: Use http://www.findchildcare.pa.gov to search for child care provider locations. Click appropriate link on a location record to view the available reports. Links to the report can be found on the initial search results under Inspections. can also be viewed by clicking View History from the Provider Details page for a selected location. iii. [x] Corrective action plans taken by the Lead Agency and/or child care provider. Describe: Plans to correct the cited non-compliance is available by searching the following, by using http://www.findchildcare.pa.gov to search for child care provider locations. Click appropriate link on a location record to view the available reports. Links to the report can be found on the initial search results under Inspections. Can also be viewed by clicking View History from the Provider Details page for a selected location. iv. [x] A minimum of 3 years of results, where available. v. If any of the components above are not selected, please explain: c. Lead Agencies must post monitoring and inspection reports and/or any related summaries in a timely manner. i. Provide the direct URL/website link to where the reports are posted: Use www.findchildcare.pa.gov to search for child care provider locations. Click appropriate link on a location record to view the available reports. Links to the report can be found on the initial search results under Inspections. Reports can also be viewed by clicking View History from the Provider Details page for a selected location. ii. Identify the Lead Agency’s established timeline for posting monitoring reports and describe how it is timely: Representatives of the lead agency have 15 business days from the date the inspection has been completed to issue an inspection summary to the operator. Once the operator has submitted an acceptable plan of correction, the inspection summary is available for public viewing in the provider search at www.findchildcare.pa.gov. Upon the completion of monitoring and inspection reports, all reports are posted to PELICAN-CLS. As soon as the reports are finalized in CLS, they are available for public viewing in the provider search at www.findchildcare.pa.gov the following day. d. Does the Lead Agency certify that the monitoring and inspection reports or the summaries are in plain language that is understandable to parents and other consumers? [x] Yes. [ ] No. If no, describe: e. Does the Lead Agency certify that there is a process for correcting inaccuracies in the monitoring and inspection reports? [x] Yes. [ ] No. If no, describe: f. Does the Lead Agency maintain monitoring and inspection reports on the consumer education website? [x] Yes. [ ] No. If no, describe: 5.5.5 Qualifications and training of licensing inspectors Lead Agencies must ensure that individuals who are hired as licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified to inspect child care providers and facilities and have received health and safety training appropriate to the provider setting and age of the children served. Describe how the Lead Agency ensures that licensing inspectors (or qualified monitors designated by the Lead Agency) are qualified and have received training on health and safety requirements that are appropriate to the age of the children in care and the type of provider setting. OCDEL ensures that licensing inspectors are qualified to inspect child care facilities and have received the appropriate training to ensure the health and safety of both the children and providers being served. All representatives must meet one of the two options: • Have a minimum of two years professional experience providing direct services to children/youth, and a bachelor’s degree that includes 24 semester hours of early childhood education, child/human development, special/elementary education, or psychology. • Have a combination of professional experience and training which includes one year of professional experience providing direct services to children, AND 24 semester hours from the areas above. Prior to conducting solo visits, certification representatives are partnered with a seasoned representative to go on field visit and review inspection protocols. 5.5.6 Ratio of licensing inspectors Lead Agencies must ensure the ratio of licensing inspectors to child care providers and facilities in the State/Territory are maintained at a level sufficient to enable the Lead Agency to conduct effective inspections of child care providers and facilities on a timely basis in accordance with federal, State, and local laws. Provide the ratio of licensing inspectors to child care providers (i.e., number of inspectors per number of child care providers) and facilities in the State/Territory and include how the ratio is sufficient to conduct effective inspections on a timely basis. Pennsylvania has approximately 6,500 child care providers and 125 licensing representatives. This is a ratio of approximately 1 certification representative: 52 providers. This ratio is aligned with The National Association for Regulatory Administration (NARA) recommendations that an average caseload does not exceed 50 to 60 (Payne, 2011). Certification representatives are supported by 27 Supervisors and 5 Regional Managers. The policy supports a caseload that is sufficient to conduct pre-licensure, annual renewal inspections and complaint investigations on a timely basis.