Inspection · 2024-03-26
Date
2024-03-26
Complaint Related
Yes
Licensing Inspector
Anita Drewry
(757) 404-5261
(757) 404-5261
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.
8VAC20-780 Programs.
8VAC20-780 Special Care Provisions and Emergencies
8VAC20-780 Special Services.
8VAC20-770 Background Checks
22.1 Early Childhood Care and Education
63.2 Child Abuse & Neglect
Inspector Notes
The inspection findings have been updated as a result of a first step review completed on August 26, 2024.
The licensing inspector completed an unannounced complaint inspection in response to concerns regarding forbidden actions, behavior guidance, supervision, nutrition, food services, operational responsibilities and special care provisions & emergencies which was reported to the department on 3/22/2024. A joint investigation with local agencies was initiated on-site at the center on 3/26/2024 from 11:00 am - 4:15 pm. Five staff interviews were conducted, select video footage was reviewed and observations were made. The inspection was concluded on 7/24/2024. Violations of standards were found during the investigation and are identified on the violation notice. Information gathered during the investigation does support the allegations, so the complaint is found to be valid.
Please complete the plan of correction and date to be corrected for each violation cited on the violation notice and return it to your inspector within 5 business days from the date of receipt. You should specify how the deficient practice will be or has been corrected. Your plan of correction should contain: 1) steps to correct the noncompliance with the stand(s), 2) measures to prevent the noncompliance from occurring again; and 3) person(s) responsible for implementing each step and/or monitoring any preventive measure(s).
Violations
8Standard 8VAC20-780-40-E
(Repeat Violation)
Based on a review of video footage and the center?s written policies and procedures, the licensee did not ensure that the center?s operational responsibilities include ensuring that the program?s activities and services are maintained in compliance with the center?s own established discipline policy which is required by licensing standards.
Evidence:
The Program?s Parent Handbook states that, ?It is the policy of the Children?s Center to provide children with positive, constructive discipline at all times.? Additionally, the handbook states, ?The following actions or threats thereof are forbidden: rough handling [a child] and enclosure in any space that the child cannot freely exit himself.?
Video footage of a two-year-old classroom on 3/15/2024, 3/18/2024, and 3/22/2024 revealed
incidences of staff responding to children?s behaviors by roughly handling children and
blocking a child?s chair against a table so that the child could not freely exit.
Based on a review of video footage and the center?s written policies and procedures, the licensee did not ensure that the center?s operational responsibilities include ensuring that the program?s activities and services are maintained in compliance with the center?s own established discipline policy which is required by licensing standards.
Evidence:
The Program?s Parent Handbook states that, ?It is the policy of the Children?s Center to provide children with positive, constructive discipline at all times.? Additionally, the handbook states, ?The following actions or threats thereof are forbidden: rough handling [a child] and enclosure in any space that the child cannot freely exit himself.?
Video footage of a two-year-old classroom on 3/15/2024, 3/18/2024, and 3/22/2024 revealed
incidences of staff responding to children?s behaviors by roughly handling children and
blocking a child?s chair against a table so that the child could not freely exit.
Plan of Correction: On 3/15/24, child #1 was seated at the table with her chair held in place by staff #1 for 3 minutes, to attempt to implement her feeding therapy goals to touch and taste food, from 11:39-11:42. Child #1 was not interested in touching/tasting the food and was removed from her chair by staff #1 at 11:42.
Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in session and those returning from summer break will be retrained on August 28th and 29th, 2024.
Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in session and those returning from summer break will be retrained on August 28th and 29th, 2024.
Standard 8VAC20-780-400-A
Based on a review of video footage, it was determined that the licensee did not ensure that staff interact with children and one another to provide needed help, comfort, support.
Evidence:
On 3/18/2024, following lunch time, staff failed to provide children in care needed help, comfort, support.
Between approximately 12:02 pm when child #1 (two years old) sat at the table following the end of lunch and approximately 12:21 pm when child #1 was given crackers, child #1 moved around the classroom crying and making loud articulations. Staff #2 said to child #1 "Stop crying! Ain't no reason for that! Ain't no eat eat eat!".? Child #1 was observed walking up to staff #1, standing directly in front of staff #1 and crying loudly with no response from staff #1.
Evidence:
On 3/18/2024, following lunch time, staff failed to provide children in care needed help, comfort, support.
Between approximately 12:02 pm when child #1 (two years old) sat at the table following the end of lunch and approximately 12:21 pm when child #1 was given crackers, child #1 moved around the classroom crying and making loud articulations. Staff #2 said to child #1 "Stop crying! Ain't no reason for that! Ain't no eat eat eat!".? Child #1 was observed walking up to staff #1, standing directly in front of staff #1 and crying loudly with no response from staff #1.
Plan of Correction: On 3/18/2024, child # 1?s food was plated, and she was called to the table multiple times. Child #1 came to the table but wasn?t interested in the food. Teachers were coached in the classroom by Staff #3 that when they have a child who struggles to eat, to either put a plate to the side and save for later, or to give an alternate snack. At 12:21 child #1 was given crackers since she had not eaten the lunch food provided.
Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in session and those returning from summer break will be retrained on August 28th and 29th, 2024.
Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in session and those returning from summer break will be retrained on August 28th and 29th, 2024.
Standard 8VAC20-780-400-B
(Repeat Violation)
Based on a review of video footage, it was determined that the facility did not ensure that staff utilize behavioral guidance that is constructive in nature, age and stage appropriate, and are intended to redirect children to appropriate behavior and resolve conflicts
Evidence:
On 3/15/2024 and 3/18/2024, during lunch time, staff failed to administer behavior guidance which was constructive in nature, age, and stage appropriate and intended to redirect children to appropriate behavior.
1. On 3/15/2024, at approximately 11:47 am, staff #1 lifted child #1 up off of the ground by both arms, attempting to make her pick up the toy she had knocked from the shelf.
At approximately 11:48 am, child #2 (2 years old) turned around in his seat and was watching staff #1?s interaction with child #1.
Child #2?s plate was moved out of immediate reach at 11:48. At 11:49 Staff #1 states ?go ahead and get it? to child # 2. Child #2 reached and retrieved his plate.
2. On 3/18/2024 at approximately 11:37 am, staff #2, in response to child #2 spitting, repeatedly tapped child #2?s mouth with the disposable wipe she had been cleaning the table with while saying ?No thank you! No thank you!?
At approximately 11:37 am, staff #2, in response to child #4 (2 years old) refusing to sit at the lunch table, grasped child #4 by the arm and forcibly pulled child #4 back into the chair.
Based on a review of video footage, it was determined that the facility did not ensure that staff utilize behavioral guidance that is constructive in nature, age and stage appropriate, and are intended to redirect children to appropriate behavior and resolve conflicts
Evidence:
On 3/15/2024 and 3/18/2024, during lunch time, staff failed to administer behavior guidance which was constructive in nature, age, and stage appropriate and intended to redirect children to appropriate behavior.
1. On 3/15/2024, at approximately 11:47 am, staff #1 lifted child #1 up off of the ground by both arms, attempting to make her pick up the toy she had knocked from the shelf.
At approximately 11:48 am, child #2 (2 years old) turned around in his seat and was watching staff #1?s interaction with child #1.
Child #2?s plate was moved out of immediate reach at 11:48. At 11:49 Staff #1 states ?go ahead and get it? to child # 2. Child #2 reached and retrieved his plate.
2. On 3/18/2024 at approximately 11:37 am, staff #2, in response to child #2 spitting, repeatedly tapped child #2?s mouth with the disposable wipe she had been cleaning the table with while saying ?No thank you! No thank you!?
At approximately 11:37 am, staff #2, in response to child #4 (2 years old) refusing to sit at the lunch table, grasped child #4 by the arm and forcibly pulled child #4 back into the chair.
Plan of Correction: Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in session or teachers returning from summer break will be retrained on August 28th and 29th, 2024.
Supervisors who provide onsite new hire training have been retrained on the importance of monitoring new staff in the first few of months of employment to ensure compliance and understanding of policies and procedures. Mentor teachers will be assigned to all new teaching staff by August 30, 2024.
The teacher training conducted at onboarding has been reviewed and revised on the importance of positive and effective redirection, positive climate, teacher sensitivity, and behavior guidance.
Teaching Staff have been retrained on June 26th & 27th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in session or teachers returning from summer break will be retrained on August 28th and 29th, 2024.
Supervisors who provide onsite new hire training have been retrained on the importance of monitoring new staff in the first few of months of employment to ensure compliance and understanding of policies and procedures. Mentor teachers will be assigned to all new teaching staff by August 30, 2024.
The teacher training conducted at onboarding has been reviewed and revised on the importance of positive and effective redirection, positive climate, teacher sensitivity, and behavior guidance.
Standard 8VAC20-780-410-1
(Repeat Violation)
Based on a review of video footage, it was determined that the facility did not ensure that staff refrain from using forbidden actions to include roughly handling a child.
Evidence:
On 3/15/2024 at approximately 11:42 am, staff #1 was observed rough handling child #1 (2 years old) by pulling child #1 up out of her seat at the lunch table by both wrists.
Beginning at approximately 11:45 am, Staff #1 grasped the shoulder of child #1 and forcibly turned child #1 in the opposite direction. Child #1 went limp and fell to the floor.
At approximately 11:50 am, staff #1 grasped child #2?s arm and pulled it up and back, removing it from the table surface.
Based on a review of video footage, it was determined that the facility did not ensure that staff refrain from using forbidden actions to include roughly handling a child.
Evidence:
On 3/15/2024 at approximately 11:42 am, staff #1 was observed rough handling child #1 (2 years old) by pulling child #1 up out of her seat at the lunch table by both wrists.
Beginning at approximately 11:45 am, Staff #1 grasped the shoulder of child #1 and forcibly turned child #1 in the opposite direction. Child #1 went limp and fell to the floor.
At approximately 11:50 am, staff #1 grasped child #2?s arm and pulled it up and back, removing it from the table surface.
Plan of Correction: When child #1 wasn?t interested in touching or tasting food at the table from 11:39 to 11:42, Staff #1 pulled child# 1 up out of her seat at the lunch table and let her go to another area in the classroom.
Staff#1 was immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in attendance/in session and those returning from summer break will be retrained on August 28th and 29th, 2024.
Staff#1 was immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27th, 2024 on the following:
Reinforcement of positive redirection, positive phrasing of desired behavior, effective redirection, how to provide appropriate choices, and how-to pick-up children properly and keep children safe while having a tantrum. Teachers not in attendance/in session and those returning from summer break will be retrained on August 28th and 29th, 2024.
Standard 8VAC20-780-410-2
Based on a review of video footage, it was determined that the facility did not ensure that staff refrain from using forbidden actions to include enclosure in a small, confined space or any space that the child cannot freely exit himself.
Evidence:
On 3/15/2024, during lunch time, staff #1 engaged in a forbidden action when she enclosed child #1 (two years old) in a space that she was unable to free herself.
Staff #1 blocked child #1 in her chair at the lunch table from approximately 11:39 am until approximately 11:42 am by pushing in the child?s chair close to the table and using her body to hold the chair in place. Child #1 was crying and leaning off the side of her chair attempting to exit her seat.
Evidence:
On 3/15/2024, during lunch time, staff #1 engaged in a forbidden action when she enclosed child #1 (two years old) in a space that she was unable to free herself.
Staff #1 blocked child #1 in her chair at the lunch table from approximately 11:39 am until approximately 11:42 am by pushing in the child?s chair close to the table and using her body to hold the chair in place. Child #1 was crying and leaning off the side of her chair attempting to exit her seat.
Plan of Correction: Child #1 had an early intervention therapy plan, which required the child to sit at the table for meals/snacks and for the teacher to assist the child to touch and taste food. When child #1 wasn?t interested in touching or tasting food at the table from 11:39 to 11:42, Staff #1 pulled child# 1 up out of her seat at the lunch table, and let her go to another area in the classroom.
Staff #1 was immediately placed on administrative leave while an investigation was conducted by the licensee.
Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs
Teaching Staff will be retrained on Forbitten Actions by August 30th, 2024
Staff #1 was immediately placed on administrative leave while an investigation was conducted by the licensee.
Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs
Teaching Staff will be retrained on Forbitten Actions by August 30th, 2024
Standard 8VAC20-780-500-A
Based on a review of video footage, it was determined that the facility did not ensure that children wash their hands with soap and running water or disposable wipes before and after eating snacks and meals and staff wash their hands with soap and running water before preparing or serving food or beverages.
Evidence:
Children?s hands were not washed prior to eating lunch or after eating lunch on 3/15/2024 and disposable wipes were not used.
On 3/15/2024, Staff #2 did not wash their hands prior to serving food and assisting children with lunch.
On 3/15/2024 Staff #1 broke child #2?s hamburger into pieces without washing her hands.
Evidence:
Children?s hands were not washed prior to eating lunch or after eating lunch on 3/15/2024 and disposable wipes were not used.
On 3/15/2024, Staff #2 did not wash their hands prior to serving food and assisting children with lunch.
On 3/15/2024 Staff #1 broke child #2?s hamburger into pieces without washing her hands.
Plan of Correction: Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Handwashing procedures for children and staff, when to wash hands throughout the day and how long, family style dining requirements. Teachers that were not in session or returning from summer break will be retrained on August 28th and 29th, 2024.
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Handwashing procedures for children and staff, when to wash hands throughout the day and how long, family style dining requirements. Teachers that were not in session or returning from summer break will be retrained on August 28th and 29th, 2024.
Standard 8VAC20-780-560-F
Based on a review of video footage, it was determined that the facility did not ensure that staff allow children second helpings of food listed in the USDA?s child and adult meal patterns.
Evidence:
On 3/15/2024 during lunch time, staff #2 failed to allow child #2 (2 years old) a second helping of milk when he requested it.
At approximately 11:51 am, video footage shows that staff #2 pushed child #2?s arm back when he held out his empty milk cup to staff #2.
At 11:53 am, staff #2 said to child #2 ?Pick that cup up and put it in the trashcan!?
Evidence:
On 3/15/2024 during lunch time, staff #2 failed to allow child #2 (2 years old) a second helping of milk when he requested it.
At approximately 11:51 am, video footage shows that staff #2 pushed child #2?s arm back when he held out his empty milk cup to staff #2.
At 11:53 am, staff #2 said to child #2 ?Pick that cup up and put it in the trashcan!?
Plan of Correction: Staff #1 and Staff #2 were immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs.
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
CACFP requirements and procedures and family style dining. Teachers not in session or returning from summer break will be retrained on August 28th and 29th, 2024.
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
CACFP requirements and procedures and family style dining. Teachers not in session or returning from summer break will be retrained on August 28th and 29th, 2024.
Standard 8VAC20-780-560-J
Based on a review of video footage, it was determined that the facility did not ensure that tables and highchair trays are sanitized, as required.
Evidence:
On 3/15/2024, prior to serving lunch, staff #1cleaned the table with a disposable wipe prior to food being placed on the surface. The table was not sanitized before use for feeding. Use of disposable wipes are not an allowable method for sanitizing food tables.
On 3/18/2024 at approximately 11:37 am, Staff #2 used a disposable wipe to sanitize the lunch table.
Evidence:
On 3/15/2024, prior to serving lunch, staff #1cleaned the table with a disposable wipe prior to food being placed on the surface. The table was not sanitized before use for feeding. Use of disposable wipes are not an allowable method for sanitizing food tables.
On 3/18/2024 at approximately 11:37 am, Staff #2 used a disposable wipe to sanitize the lunch table.
Plan of Correction: Video footage was reviewed, and Staff #2 wiped the table surface with a disposable wipe, but didn?t sanitize the lunch table.
Staff #2 was immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Handwashing procedures for children and staff, when to wash hands throughout the day and how long, family style dining requirements and sanitizing procedures. Teachers who were not in session or returning from summer break will be retrained on August 28th and 29th, 2024.
Staff #2 was immediately placed on administrative leave while an investigation was conducted by the licensee. Following completion of the investigation on all violations in totality, Staff #1 and Staff #2 were discharged due to misconduct in connection with their jobs
Teaching Staff have been retrained on June 26th & 27Th, 2024 on the following:
Handwashing procedures for children and staff, when to wash hands throughout the day and how long, family style dining requirements and sanitizing procedures. Teachers who were not in session or returning from summer break will be retrained on August 28th and 29th, 2024.