Inspection · 2022-05-19
(703) 479-4746
Areas Reviewed
? 8VAC20-780 Administration.
? 8VAC20-780 Staff Qualifications and Training.
? 8VAC20-780 Physical Plant.
? 8VAC20-780 Staffing and Supervision.
? 8VAC20-780 Programs.
? 8VAC20-780 Special Care Provisions and Emergencies
? 8VAC20-780 Special Services.
? 8VAC20-820 THE LICENSE.
? 8VAC20-820 THE LICENSING PROCESS.
? 8VAC20-820 HEARINGS PROCEDURES.
? 8VAC20-770 Background Checks (8VAC20-770)
? 20 Access to minor?s records
? 22.1 Background Checks Code, Carbon Monoxide
? 63.2 Child Abuse & Neglect
? 8VAC20-790 Subsidy Regulations.
Inspector Notes
Conducted an investigation with local agencies into allegations of forbidden actions by a staff person. Interviews conducted and records reviewed. There was a preponderance of evidence to support the allegations, therefore this complaint has been deemed to be valid. Questions about this report may be directed to pamela.sneed@doe.virginia.gov
7/20/22 ? Inspector offered to meet with the owner in-person, or by phone, to review the investigation findings in this report. The owner advised the inspector that she preferred the report be emailed to her, and that she would contact the inspector should she have any questions.
7/21/22 ? Investigation report issued by email to owner.
10/6/22 - The inspection findings have been updated as a result of a first-step review completed on 9/21/22. Revised inspection report issued to licensee.
12/1/22 - The inspection findings have been updated as a result of a second-step reviewed completed on 11/4/22. Revised inspection report issued to licensee.
Violations
1Evidence:
1. On 5/12/2022, Child #8 was physically rough handled and restrained by Staff #5 because the child was not lying quietly during naptime.
a. Child #8 described the 5/12/22 incident as ??he was pulling on my neck so hard?I started to cry a little bit?it was super duper hard?it made me choke?he grabbed me with his hard hands?he was pushing on my neck so hard?he looks at me with a mean face when he does that??
b. A child witnessing Staff #5 physically restrain Child #8 on 5/12/22 stated ?I?m worried about people getting hurt? It was normal naptime and then it got crazy? I saw him choke [name of Child #8] with one hand?[name of Child #8] tried to take his hand off but [name of Staff #5] was holding his arm so he couldn?t?[name of Child #8] made a choking sound and said ?stop? but [name of Staff #5] didn?t stop?? The witness child explained that [name of Staff #5] did this to [name of Child #8] because they were talking during nap time, and they are expected to remain quiet and not talk at all.
c. Another child witnessing Staff #5 physically restrain Child #8 stated ??[name of Staff #5] put his hands on [name of Child #8?s] neck lots of times?I heard [name of Child #8] cough when [name of Staff #5] did it??
d. The center?s ?Nap Slip? report given to the parent of Child #8 on 5/12/22 stated ?I rested with a quiet activity.? There was no documentation of any concerns about the child noted on this daily report.
e. The center?s ?My Day in Little Acorn Patch? report given to the parent of Child #8 on 5/12/22 documented no concerns about the child for this date.
f. When interviewed about the incident Staff #5 said he told Staff #1 that he ?hugged? the child.
g. While ?hugging? Child #8, Staff #5 stated he asked the child ??Are you going to sleep?...and the child replied ?yes???
h. Staff #5 further stated ??I?m not dumb enough to choke a child?the hug was not to make him not breathe?it was less than 5 seconds??
2. Multiple additional children interviewed reported of Staff #5 ??giving hard taps on the back or shoulder?? of children, and that ??[name of Staff #5] wacked children on the head??, and ??[name of Staff #5] hit [name of Child #8] lots of times on the head??, and ??[name of Staff #5] hit me sometimes on the head?? and ??[name of Staff #5] uses something to hit? children in the head??.
a. Multiple children reported Staff #5 does this when children are not listening.
b. When interviewed on 6/2/22, Staff #5 stated that a ?love tap? was used multiple times as a form of redirecting behavior.
c. When interviewed on 6/2/22, Staff #5 demonstrated a ?love tap? as striking a child on the head with a finger, book, or pencil.
d. When interviewed on 5/24/22, Staff #1 stated that Staff #5 had reported to ?flicking Child #9 on the head with a pencil.?
3. When interviewed on 6/2/22, Staff #5 stated that he used ?physical restraints? in late October and November of 2021 by ?wrapping my arms around the [name of Child #8]? and restricting the child?s movement.
4. When interviewed on 6/2/22, Staff #5 stated ?that [name of Child #8?s] behavior does not justify my actions.?
5. Staff #5 signed the training verification on 9/8/2020 for the ?Center?s policy on acceptable and unacceptable discipline methods.?
6. When interviewed on 6/2/22, Staff #5 was asked if there were any other ?hugs? with other students, he said that he ??arm locked Child #7?? and described this action as the child?s arms being straight down on their side and he hugging them from behind, wrapping his arms around the child?s shoulder and placing an open palm on the child?s shoulder area??