Inspection · 2021-03-18
(804) 389-0157
Areas Reviewed
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.
22VAC40-191 Background Checks (22VAC40-191)
63.2 Child Abuse & Neglect
63.2(17) License & Registration Procedures
Inspector Notes
This investigation was conducted by licensing staff using an alternate remote protocol, necessary due to a state of emergency health pandemic declared by the Governor of Virginia.
A complaint investigation was initiated with a local agency and law enforcement on 3/18/21 and concluded on 3/22/21. The complaint was regarding allegations in the areas of: a forbidden action- rough handling of a child; incident reports; and failure to notify a parent immediately of a serious injury. Interviews were conducted and a staff record and other documentation were reviewed. The evidence gathered during the investigation supported the allegation of a forbidden action- roughing handling of a child. The evidence did not support the allegations regarding incident reports and failure to notify a parent immediately of a serious injury. Violations not reported in the complaint but identified during the course of the investigation can be found on the violation notice.
Please complete the "Plan of Correction" and "Date to Be Corrected" sections of the Violation Notice and return to me by 5:00pm on Friday, April 9, 2021.
If you have questions regarding this investigation you may contact the Licensing Inspector, Laura Brindle, at laura.brindle@dss.virginia.gov or 540-905-2062.
Violations
3Evidence: 1. On 3/10/21 Child A received a dislocated elbow when they were pulled out of a "cradle" that had been placed on the playground for books. Interviews revealed that children were previously not using the toy appropriately- i.e. climbing in and out of the cradle repeatedly- but the cradle was not removed until after the incident where Child A was injured. 2. The current COVID-19 Phase III Guidance issued to daycares to help reduce the spread of COVID-19 states: Groups of children can play outside at the same time if they maintain social distancing of 6 feet apart and do not mix between groups. Interviews revealed that on 3/10/21, and multiple other occasions, the toddlers and 2-year-old classrooms both went onto the playground at the same time and the groups were allowed to intermix.
Evidence: At approximately 11:15am on 3/10/21 Staff 2 reported repeatedly yelling for Child A to climb out of a "cradle" that children were climbing in and out of on the playground. When Child A did not climb out, Staff 2 pulled Child A by the right arm out of the cradle and reported twisting the child a bit in order to place the child on the ground. Staff 2 and Staff 3 reported that Child A began to cry immediately. Staff 2 and Staff 3 reported that Staff 3 then told Staff 2, "Oh no, you must have pulled [the child's] arm out of socket again." Staff 3 took Child A to the office and the parents were called. Child A was diagnosed with a dislocated, "or nursemaid's" right elbow.
Evidence: On 3/10/2021 Child A had their right elbow dislocated by Staff 2. At least four staff members were aware of the injury, and that it was caused by center staff, but the incident was not reported to the local department by center staff.