Inspection · 2023-01-30
Date
2023-01-30
Complaint Related
No
Licensing Inspector
James R Basham
(804) 588-2370
(804) 588-2370
SHSIA monitoring inspection of an approved subsidy vendor to determine compliance with current subsidy requirements regarding the health and safety of children and to promote quality standards for the children in their care.
No
Areas Reviewed
8VAC20-780 Administration.
8VAC20-780 Staff Qualifications and Training.
8VAC20-780 Staffing and Supervision.
Inspector Notes
A non-mandated inspection, resulting from a self-reported incident that occurred on 1/27/2023, was started by licensing staff on 1/30/2023. The inspector interviewed 5 staff. The inspector and an outside partner agency conducted a joint inspection on 2/6/2023. The inspector observed interviews of 2 children conducted by the outside partner agency and 1 witness was interviewed. Policies and procedures, and training were reviewed on 2/8/2023. An additional interview was conducted on 2/16/2023.
Information gathered during the investigation determined non-compliance with applicable standards or law and violations were documented on the violation notice issued to the provider.
Violations
4Standard 8VAC20-780-240-C
Based on interviews and record review, the center failed to ensure that orientation training included the required topic of recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse as required by the Code of Virginia.
Evidence:
1. Staff 1 date of hire was 5/28/2022. Staff 1 did not have orientation training on recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse.
2. Staff 2 date of hire was 9/21/2022. Staff 2 did not have orientation training on recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse.
Evidence:
1. Staff 1 date of hire was 5/28/2022. Staff 1 did not have orientation training on recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse.
2. Staff 2 date of hire was 9/21/2022. Staff 2 did not have orientation training on recognizing child abuse and neglect and the legal requirements for reporting suspected child abuse.
Plan of Correction: the staff members found in violation of necessary trainings must complete the trainings by a pre-set deadline
Standard 8VAC20-780-340-A
Based on interviews and review of documentation, the center failed to ensure when staff are supervising children, they shall always ensure their care, protection and guidance.
Evidence:
On January 27, 2023 at approximately 4:02 PM, Witness 1 stated that Child 1 (age 6) and Child 2 (age 7) walked off the premises of the child day center. Staff were not aware of the children leaving the center by themselves. Child 1 and Child 2 walked approximately half a mile (7 blocks) to Child 1?s residence. The speed limit of the residential road where the children walked was 25 miles per hour.
Child 2 then walked alone an additional approximate four tenths of a mile (5 blocks) to their residence. The speed limit was 25 miles per hour. The area is in a business district with a convenience store, multiple restaurants, and other businesses where cars are parking and people are entering businesses.
At approximately 4:07 PM, Staff 3 stated that they realized Child 1 and Child 2 were missing when another child asked where they were. Staff 2 and Staff 3 looked for the children for approximately 20 minutes. Staff 5 stated they were contacted at approximately 4:27 PM about missing Child 1 and Child 2. Staff 2, Staff 3, and Staff 5 continued to look for the children. Staff 4 attempted to contact the parents of Child 1 and Child 2 at approximately 4:50 PM. Staff 4 stated that the parent of Child 2 called to inform the center that Child 1 and Child 2 were home at approximately 5:00 PM.
The center did not ensure the care, protection, and guidance for Child 1 and Child 2. The children walked out of the center without adult supervision and center staff were unaware. Child 1 and Child 2?s location was unknown to center staff for approximately 58 minutes.
Evidence:
On January 27, 2023 at approximately 4:02 PM, Witness 1 stated that Child 1 (age 6) and Child 2 (age 7) walked off the premises of the child day center. Staff were not aware of the children leaving the center by themselves. Child 1 and Child 2 walked approximately half a mile (7 blocks) to Child 1?s residence. The speed limit of the residential road where the children walked was 25 miles per hour.
Child 2 then walked alone an additional approximate four tenths of a mile (5 blocks) to their residence. The speed limit was 25 miles per hour. The area is in a business district with a convenience store, multiple restaurants, and other businesses where cars are parking and people are entering businesses.
At approximately 4:07 PM, Staff 3 stated that they realized Child 1 and Child 2 were missing when another child asked where they were. Staff 2 and Staff 3 looked for the children for approximately 20 minutes. Staff 5 stated they were contacted at approximately 4:27 PM about missing Child 1 and Child 2. Staff 2, Staff 3, and Staff 5 continued to look for the children. Staff 4 attempted to contact the parents of Child 1 and Child 2 at approximately 4:50 PM. Staff 4 stated that the parent of Child 2 called to inform the center that Child 1 and Child 2 were home at approximately 5:00 PM.
The center did not ensure the care, protection, and guidance for Child 1 and Child 2. The children walked out of the center without adult supervision and center staff were unaware. Child 1 and Child 2?s location was unknown to center staff for approximately 58 minutes.
Plan of Correction: Children within our care are within sight at all times, unless in the restroom where children are within sound care. Participants shall remain with a staff member of the program at all times when signed into the care of the program.
Standard 8VAC20-780-340-F
REPEAT VIOLATION
Based on interviews, the center failed to ensure that all children under the age of 10 years shall be within sight and sound supervision of staff.
Evidence:
Witness 1 stated that Child 1 (age 6) and Child 2 (age 7) left at approximately 4:02 PM and exited the gym at the hallway entrance and exited left thru the main entrance of the program. Staff 2 and Staff 3 stated they were unaware the children had left the center premises. Child 1 and Child 2 walked by themselves approximately half a mile to Child 1?s residence and Child 2 then walked alone an additional approximate four tenths of a mile to their residence. Child 1 and Child 2 were out of sight and sound supervision of center staff for approximately 58 minutes.
Based on interviews, the center failed to ensure that all children under the age of 10 years shall be within sight and sound supervision of staff.
Evidence:
Witness 1 stated that Child 1 (age 6) and Child 2 (age 7) left at approximately 4:02 PM and exited the gym at the hallway entrance and exited left thru the main entrance of the program. Staff 2 and Staff 3 stated they were unaware the children had left the center premises. Child 1 and Child 2 walked by themselves approximately half a mile to Child 1?s residence and Child 2 then walked alone an additional approximate four tenths of a mile to their residence. Child 1 and Child 2 were out of sight and sound supervision of center staff for approximately 58 minutes.
Plan of Correction: Each staff member must be able to see children at all times unless the child in care is in the restroom. This is to ensure children are always within sight, and are only within sound when the child needs privacy (aka during restroom times)
Standard 8VAC20-780-40-E
Based on interviews and document review, the center failed to follow the center?s own policies and procedures that are required by the standards.
Evidence:
On January 27, 2023, Witness 1 stated that Child 1 (age 6) and Child 2 (age 7) left the center premises at approximately 4:02 PM. Staff were not aware of the children leaving the center by themselves. Approximately 5 minutes later, Staff 3 stated that they realized Child 1 and Child 2 were missing when another child asked where they were. Staff 2 and Staff 3 looked for the children for approximately 20 minutes. Staff 5 was contacted at approximately 4:27 PM about the missing children. Staff 2, Staff 3, and Staff 5 continued to look for the children. Staff 4 attempted to contact the parents of Child 1 and Child 2 at approximately 4:50 PM. Staff 4 stated that the parent of Child 2 called to inform the center that Child 1 and Child 2 were home at approximately 5:00 PM.
The center?s Lost/Missing Kids policy states that after 10 minutes, the director will notify parents and police if the child is not found. Staff 4 confirmed police were not notified while the 2 children were known to be missing for approximately 53 minutes. Parents were not contacted until approximately 43 minutes after the staff became aware the children were missing.
Evidence:
On January 27, 2023, Witness 1 stated that Child 1 (age 6) and Child 2 (age 7) left the center premises at approximately 4:02 PM. Staff were not aware of the children leaving the center by themselves. Approximately 5 minutes later, Staff 3 stated that they realized Child 1 and Child 2 were missing when another child asked where they were. Staff 2 and Staff 3 looked for the children for approximately 20 minutes. Staff 5 was contacted at approximately 4:27 PM about the missing children. Staff 2, Staff 3, and Staff 5 continued to look for the children. Staff 4 attempted to contact the parents of Child 1 and Child 2 at approximately 4:50 PM. Staff 4 stated that the parent of Child 2 called to inform the center that Child 1 and Child 2 were home at approximately 5:00 PM.
The center?s Lost/Missing Kids policy states that after 10 minutes, the director will notify parents and police if the child is not found. Staff 4 confirmed police were not notified while the 2 children were known to be missing for approximately 53 minutes. Parents were not contacted until approximately 43 minutes after the staff became aware the children were missing.
Plan of Correction: Each staff member must refamiliarize themselves with the policy for missing children. The director will send out emergency preparedness policies for the organization. Each staff must respond with 3 things they learned to ensure compliance.