TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES COMMISSIONER John J. Specia, Jr. Steve Alkek 2005 LAWNDALE VICTORIA, TX 77901 Operation #510028 Bearly Beginning Day Care Center REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED #70091410000208897631 Dear Steve Alkek: The purpose of this letter is to inform you of the decision made by the Department of Family and Protective Services (DFPS) to place the following child-care operation on corrective action- probation: Name:Bearly Beginning Day Care Center Operation #: 510028 Address: 2005 Lawndale, Victoria, TX 77901 Tex. Hum. Res. Code 42.071 authorizes DFPS to take corrective action against an operation that does not comply with the minimum standards, rules, Chapter 42 of the Texas Human Resources Code, or the specific terms of the permit. 40 Tex. Admin. Code 745.8605 sets forth the circumstances when DFPS may take a form of remedial action against an operation. DFPS applied this rule to the decision to take remedial action against your operation as follows: The decision to initiate Corrective Action-Probation of your permit is based on your failure to manage your center in compliance with the Minimum Standard Rules for a Licensed Center and the the Texas Administrative Code. 40 Tex. Admin. Code 745.8607 provides the factors that DFPS considers when deciding which type of remedial action to take against an operation. Based on its application of this
Page 2 rule, DFPS has determined that corrective action- probation is the appropriate form of remedial action to take against your operation: The decision to initiate Corrective Action-Probation of your permit is based on your failure to manage your center in compliance with the Minimum Standard Rules for a Licensed Center and the the Texas Administrative Code. The deficiencies cited are listed below: Date Standard/ Rule/Law Standard/Rule/Law Description 01/18/2013 746.3407 Maintenance of Building, Grounds and Equipment 01/18/2013 746.709 Incident/Illness Report Form Storage 01/17/2013 746.1003(1) Director Responsibilities - Operate in Compliance 01/17/2013 746.1013(a) Director's Absence - Qualified Caregiver in Charge 01/17/2013 746.109 Operating in compliance with MS Rules 01/17/2013 746.1201(1) Responsibilities of Employees and Caregivers 01/17/2013 746.201(4) Designating Director 01/17/2013 746.2805 Prohibited Punishments - No Harsh, Cruel or Unusual 01/17/2013 746.2805(3) Prohibited Punishments - Pinching, Shaking, or Biting 01/17/2013 746.2805(6) Prohibited Punishments - Humiliating, Rejecting, Yelling 01/17/2013 746.305(a)(5) Report Situation Placing Children at Risk 01/17/2013 746.701(2) Licensing Incident/Illness Report Form - Situations Placing Children at Risk 01/08/2013 746.1003(1) Director Responsibilities - Operate in Compliance 01/08/2013 746.1201(1) Responsibilities of Employees and Caregivers 01/08/2013 746.1203(4) Responsibilities of Caregivers- Supervision of Children 01/08/2013 746.305(a)(5) Report Situation Placing Children at Risk 12/13/2012 745.615(b)(1)(B) Required FBI background check - any person acting as a caregiver for foster children in the foster home, including a substitute employee 12/13/2012 746.1003(1) Director Responsibilities - Operate in Compliance 12/13/2012 746.109 Operating in compliance with MS Rules 12/13/2012 746.1201(1) Responsibilities of Employees and Caregivers 12/13/2012 746.1203(4) Responsibilities of Caregivers- Supervision of Children 12/13/2012 746.201(4) Designating Director 12/13/2012 746.305(a)(5) Report Situation Placing Children at Risk 12/13/2012 746.3407 Maintenance of Building, Grounds and Equipment
Page 3 12/11/2012 746.603(a)(8) Sign-in and Sign-out Logs 12/05/2012 746.201(4) Designating Director 12/05/2012 746.2209 Posting of Activity Plan 12/05/2012 746.3407 Maintenance of Building, Grounds and Equipment 11/07/2012 746.2209 Posting of Activity Plan 11/07/2012 746.2407 Infant Care Area Furnishings and Equipment -Use of Safety Straps 11/07/2012 746.2409(a)(3) Safety Requirements for Cribs - Waterproof, Washable Mattress 11/07/2012 746.2419(8) Requirements for Feeding Infants - Other Use of Handwashing Sink 11/07/2012 746.2421(a) Written Feeding Instructions - Signed and Dated by Parent 11/07/2012 746.3407 Maintenance of Building, Grounds and Equipment 11/07/2012 746.401(8) Posting Requirements - Telephone Numbers 11/07/2012 746.401(9) Posting Requirements - List entitled 11/05/2012 745.615(b)(2) Required FBI check -Persons at child care center, before/after-school, or school-age program required to have name-based check unless only meet (a)(7) 11/05/2012 746.3407 Maintenance of Building, Grounds and Equipment 11/05/2012 746.603(a)(8) Sign-in and Sign-out Logs 10/10/2012 746.1003(1) Director Responsibilities - Operate in Compliance 10/10/2012 746.1201(1) Responsibilities of Employees and Caregivers 10/10/2012 746.1203(4) Responsibilities of Caregivers- Supervision of Children 10/10/2012 746.1203(5) Responsibilities of Caregivers - Children in Control 10/10/2012 746.1601 Child/ Caregiver Ratio - 13 or More Children 10/10/2012 746.305(a)(5) Report Situation Placing Children at Risk 10/10/2012 746.701(2) Licensing Incident/Illness Report Form - Situations Placing Children at Risk 10/10/2012 746.707 Incident/Illness Report Form Shared with Parent 09/20/2012 746.303(5) Report Change in Director 09/14/2012 746.1003(1) Director Responsibilities - Operate in Compliance 09/14/2012 746.1201(1) Responsibilities of Employees and Caregivers 09/14/2012 746.1203(4) Responsibilities of Caregivers- Supervision of Children 09/14/2012 746.1203(5) Responsibilities of Caregivers - Children in Control 09/14/2012 746.1601 Child/ Caregiver Ratio - 13 or More Children 09/14/2012 746.305(a)(5) Report Situation Placing Children at Risk 09/14/2012 746.701(2) Licensing Incident/Illness Report Form - Situations Placing Children at Risk 09/14/2012 746.707 Incident/Illness Report Form Shared with Parent
Page 4 11/30/2011 746.2909(1) Arrangement of Napping Equipment - Not Blocking Entrances or Exits 11/30/2011 746.3701 Safety - Areas Free From Hazards 11/30/2011 746.4003(a) First Aid Kit - Incomplete Kit 11/30/2011 746.4503(b) Cots, Beds, Mats Labeled With Child's Name 05/06/2011 746.1201(1) Responsibilities of Employees and Caregivers 05/06/2011 746.1203(4) Responsibilities of Caregivers- Supervision of Children 05/06/2011 746.307(a)(3) Parental Communication - Situation that Placed a Child at Risk 05/04/2011 746.1011 Director Presence Routine During Operating Hours 05/04/2011 746.2203(a) Written Activity Plans 03/16/2011 746.1011 Director Presence Routine During Operating Hours 03/16/2011 746.1201(1) Responsibilities of Employees and Caregivers 03/16/2011 746.1203(4) Responsibilities of Caregivers- Supervision of Children 03/16/2011 746.2203(a) Written Activity Plans 03/16/2011 746.2425 Crib Activities 03/16/2011 746.307(a)(3) Parental Communication - Situation that Placed a Child at Risk 03/16/2011 746.4503(b) Cots, Beds, Mats Labeled With Child's Name The conditions placed on your operation during this corrective action period are as follows: You must comply with all of the conditions in the corrective action plan and correct the minimum standards that were deficient. You must post the enclosed probation notice in a prominent place near all public entrances of the operation. You must establish and maintain compliance with all Licensing statutes, rules, and minimum standards. 1. During the probation period, the director will hold a staff meeting within 48 hours after each licensing inspection to share results and plan for correction, if needed. A sign in sheet for staff attending each meeting will be kept and available to Licensing upon request. 2. During probation period, Licensing will conduct monthly unannounced inspections to ensure compliance of all minimum standards including but not limited to previously cited deficiencies.
Page 5 3. During probation period, the director must observe classrooms for a minimum of 30 minutes three times a week and keep a log to document the time spent in each classroom. Each classroom observation must be documented by summarizing the activity and the caregiver/children interaction. Any concerns should be addressed with staff immediately. This must all be documented and available for review by licensing. 4. Caregivers need to maintain a checklist or log of children present and check it every 30 minutes to ensure ratios are being met and that all children are accounted for. One checklist should be used for each classroom. Tracking tool must be submitted to Licensing prior to beginning of probation for review. This log or checklist must be available for review by Child Care Licensing during hours of operation throughout the evaluation period. 5. A daily checklist to ensure the building is maintained in a sanitary manner must be developed and submitted to licensing prior to beginning of probation for review. The checklist must include areas related to health and safety (example-choking hazards for infants, accessible plastics, tripping hazards, proper storage of foods, electrical outlets, unlocked cabinets, medication, walls/flooring in need of repair, air vents needing cleaning, cleaning supplies accessible, broken toys/equipment (inside and outside), torn nap mats, proper hand washing observation, accessible garbage). Director or person designated must conduct a daily walk through of the facility and keep documentation regarding any concerns noted and steps made to remove/correct the hazard. The checklists must be signed and kept available for licensing to review. 6. All employees will be required to receive 4 clock hours of Minimum Standard training provided by Licensing. Training will include all standards, but also specialized to focus on supervision, discipline, ratios, caregiver responsibilities, health practices and safety practices. These 4 hours are in addition to the required annual training. This training must be completed prior to April 5, 2013 7. The director will be required to receive 4 clock hours of training in management techniques, leadership or staff supervision. These 4 hours are in addition to the required annual training. This training must not be self-instructional. Documentation must be provided to Licensing upon request. This training must be completed by April 5, 2013. 8. Director will ensure background checks remain current for all employees and any new hires will require background checks be submitted and cleared before providing direct care.
Page 6 9. If the director cannot be present at operation, staff person designated as 'person in charge' must know they are in charge and for how long, know their responsibilities while in charge, have access to all essential information to communicate with parents and state and local authorities as needed, and have the authority to direct the child-care center in compliance with minimum standards. 10. The corrective action letter and Probation notice must be posted in a prominent place near all public entrances of the day care operation. You must keep documentation demonstrating compliance with these conditions at your operation. This documentation must be available for review by licensing staff during an inspection or investigation of your operation. A licensing representative will inspect your operation to determine if it is meeting the corrective action conditions. These inspections will be unannounced. As provided in Tex. Hum. Res. Code 42.044, you must allow licensing representatives into your operation during operating hours to investigate, inspect and evaluate. DFPS may revoke your permit if your operation continues to be deficient with minimum standards, rules, laws or permit restrictions, or if you fail to comply with the above conditions during the corrective action period. DFPS records indicate that you have not requested an administrative review and that your time for making such a request has expired. As a result, your corrective action period will begin on 02/22/2013. Sincerely, SARAH TUPA Licensing Representative (361) 574-7416