Fernandez, Mirtha
Fernandez, Mirtha
License/Registration ID: 749139
470 Audubon Avenue, Apt. B-5 New York, NY 10040
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This Checklist reflects a partial list of the regulatory requirements based on the inspection performed. Additional violations may have been cited that are not included in the inspection checklist.
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Inspection ID:
2024-I-NYCDOH-110811
Date:
12/02/2024
Inspection Type:
Monitoring
Inspection Result:
Violations found
Compliance Status:
Y-Compliant, N-Noncompliant, N/O-Not Observed, N/A-Not Applicable, P/V-Prior Violation
Reg
Compliance Status
413.3 Enforcement of Regulations
*
Posting of Compliance History Document
413.3(g)(3)(i)
Y
416.3 Building and Equipment
Accurate & Approved Floor Plan
416.3(a)
Y
Diagram of home shows bathroom on 2nd floor as child care space and shows both approved means of egress
416.3(a)
Y
Lighting and ventilation appropriate
416.3(b)
Y
Toilets and potty chairs located apart from cooking, playing, sleeping and eating areas
416.3(m)
Y
416.4 Fire Protection
*
Paths of egress, both interior and exterior are free of obstructions and debris including ice/snow
416.4(h)(4)
Y
416.5 Safety
*
No pools/ponds/water hazards located on or adjacent to the program property; or if present, barriers exist to prevent access
416.5(f)(1)
Y
No trampolines used larger than a one person exercise trampoline
416.5(w)
Y
Play equipment is used for intended purpose & is developmentally appropriate
416.5(n)(4)
Y
Play equipment is used in a safe manner
416.5(n)(3)
Y
Poisonous, toxic, flammable and dangerous items are inaccessible to children
416.5(j)
Y
Residential pool use approved by Office, or pool not used by day care children
416.5(g)(2)
Y
Window glass less than 32" above floor & accessible to children is safety grade/has adequate barrier
416.5(p)
Y
Windows above 1st floor have barriers to prevent children from falling out (unless egress window)
416.5(q)
Y
Working carbon monoxide alarm on lowest level with a designated napping area
416.5(v)
Y
416.7 Program Requirements
Infants are not confined more than 30 minutes in crib (unless sleeping)
416.7(i)
Y
Schedule of activities, including bedtime preparation
416.7(k)
Y
416.8 Supervision of Children
*
Approved provider is the primary caregiver
416.8(e)
Y
*
Competent supervision is maintained at all times with exceptions only as specified in regulation
416.8(a)
Y
*
One caregiver observed for either 6 children not yet in school or 8 when at least 2 are school age
416.8(j)(1)
Y
*
One caregiver present for every 2 children under 2 years in attendance
416.8(j)(3)
Y
Two caregivers present when more than 6 children, none of whom are school age, are in care
416.8(j)(2)
Y
416.11 Health and Infection Control
All rooms and surfaces are clean, sanitized and disinfected using an EPA registered product
416.11(i)(21)
Y
Consumption of or being under the influence of a controlled substance is prohibited unless prescribed, taken as directed, and does not impair ability to care for children
416.11(b)(10)
Y
Diapering area disinfected after each use
416.11(i)(10)
Y
Equipment used by children is cleaned when soiled or at least weekly
416.11(i)(24)
Y
Medication administered according to regulation
416.11(f)(1)(i)
Y
Smoking is prohibited in areas in use by children or in vehicles when children are being transported
416.11(b)(11)
Y
Written parental consent for emergency medical treatment
416.11(h)(1)(i)
Y
416.14 Training
*
A caregiver certified in First Aid and CPR is present at all times children are in care
416.14(m)
Y
Each identified staff and volunteer completed Federal Health and Safety training within required timeframes
416.14(b)
Y
Each identified staff supervising children alone completed Federal Health and Safety training.
416.14(b)
Y
First Aid & CPR certificates must be appropriate to the ages of the children in care
416.14(n)
Y
Prior to becoming a Provider, the individual completed Federal Health and Safety training
416.14(b)
Y
Provider completed Federal Health and Safety training within required timeframes
416.14(b)
Y
416.15 Management and Administration
*
Numbers and ages of children present are within licensed or registered capacity
416.15(a)(9)
Y
*
Office notified of any change to the home or program
416.15(b)(12)
Y
Only approved caregivers have unsupervised contact with the day care children
416.15(b)(20)
Y
Summary of Violations
Date Cited
Regulation
Regulation Description
Compliance Status
Corrected on-Site?
12/02/2024
416.3(h)
Peeling or damaged paint or plaster must be repaired.
Corrected
N
12/02/2024
416.5(b)(5)
The licensee must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the Office or approved equivalents.
Corrected
N
12/02/2024
416.5(k)
Cleaning materials must be stored in their original containers unless the product's use or the program's health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.
Corrected
Y
12/02/2024
416.5(q)
Windows above the first floor, other than those identified for emergency evacuation, that are accessible to children and which present a fall hazard must be protected by permanent barriers or restrictive locking devices which prevent a window from opening fully and prevent children from falling out of the windows.
Corrected
N
12/02/2024
416.7(l)
Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the home where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 416.8 of this Part.
Corrected
N
12/02/2024
416.11(a)(1)
No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child's medical statement must have been completed within the 12 months preceding the date of enrollment.
Corrected
N
12/02/2024
416.11(h)(1)(i)
The caregivers also must: obtain written consent at the time of admission from the parent which authorizes the provider or other caregivers to obtain emergency health care for the child;
Corrected
N
12/02/2024
416.11(i)(14)
Toilet facilities must be kept clean at all times, and must be supplied with toilet paper, soap and towels accessible to the children.
Corrected
N
12/02/2024
416.13(a)
The provider, assistant(s), and substitutes must each meet the following qualifications:
Corrected
N
12/02/2024
416.15(b)(11)
In hiring caregivers subsequent to issuance of a license, a program:
Corrected
N
12/02/2024
416.15(b)(11)(ii)(a)
the forms necessary for the Office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment,
Corrected
N
12/02/2024
416.15(b)(11)(ii)(d)
a sworn statement indicating whether, to the best of the applicant's knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction
Corrected
N
12/02/2024
416.15(b)(11)(ii)(e)
two acceptable references;
Corrected
N
12/02/2024
416.15(b)(11)(iii)
In hiring caregivers subsequent to issuance of a license, a program: must ensure that a medical statement has been submitted before the person has any involvement with children in care, as required in section 416.11 of this Part;
Corrected
N
Date Cited
12/02/2024
Regulation
416.3(h)
Regulation Description
Peeling or damaged paint or plaster must be repaired.
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.5(b)(5)
Regulation Description
The licensee must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the Office or approved equivalents.
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.5(k)
Regulation Description
Cleaning materials must be stored in their original containers unless the product's use or the program's health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.
Compliance Status
Corrected
Corrected on-Site?
Y
Date Cited
12/02/2024
Regulation
416.5(q)
Regulation Description
Windows above the first floor, other than those identified for emergency evacuation, that are accessible to children and which present a fall hazard must be protected by permanent barriers or restrictive locking devices which prevent a window from opening fully and prevent children from falling out of the windows.
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.7(l)
Regulation Description
Other than for school age children, sleeping and napping arrangements must be made in writing between the parent and the program. Such arrangements shall include: the area of the home where the child will nap; whether the child will nap on a cot, mat, bed or a crib; and how the napping child will be supervised, consistent with the requirements of section 416.8 of this Part.
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.11(a)(1)
Regulation Description
No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child's medical statement must have been completed within the 12 months preceding the date of enrollment.
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.11(h)(1)(i)
Regulation Description
The caregivers also must: obtain written consent at the time of admission from the parent which authorizes the provider or other caregivers to obtain emergency health care for the child;
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.11(i)(14)
Regulation Description
Toilet facilities must be kept clean at all times, and must be supplied with toilet paper, soap and towels accessible to the children.
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.13(a)
Regulation Description
The provider, assistant(s), and substitutes must each meet the following qualifications:
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.15(b)(11)
Regulation Description
In hiring caregivers subsequent to issuance of a license, a program:
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.15(b)(11)(ii)(a)
Regulation Description
the forms necessary for the Office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment,
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.15(b)(11)(ii)(d)
Regulation Description
a sworn statement indicating whether, to the best of the applicant's knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.15(b)(11)(ii)(e)
Regulation Description
two acceptable references;
Compliance Status
Corrected
Corrected on-Site?
N
Date Cited
12/02/2024
Regulation
416.15(b)(11)(iii)
Regulation Description
In hiring caregivers subsequent to issuance of a license, a program: must ensure that a medical statement has been submitted before the person has any involvement with children in care, as required in section 416.11 of this Part;
Compliance Status
Corrected
Corrected on-Site?
N
Inspections may be conducted outside of program operating hours and/or off-site (where inspector was not on premises where care is provided) for the following reasons:
For additional information on this program and compliance history, contact:
Office: New York City Dept. of Health - Regional Office
Phone: (646) 632-6305