Inspection · 2021-03-05
Date
2021-03-05
Complaint Related
No
Licensing Inspector
Pamela Sneed
(804) 629-2691
(804) 629-2691
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
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.
22VAC40-185 SPECIAL SERVICES.
22VAC40-80 THE LICENSE.
22VAC40-80 THE LICENSING PROCESS.
22VAC40-191 Background Checks (22VAC40-191)
63.2(17) License & Registration Procedures
Inspector Notes
This inspection was conducted by staff using an alternative remote protocol, necessary due to a state of emergency health pandemic declared by the Governor of Virginia. An on-site inspection of the cnter was not conducted at this time.
An unannounced renewal inspection was conducted at 11:10am. The center director was contacted by phone to initiate the inspection, and provided a list of items required to complete the inspection. There were 20 children + 6 staff present during the inspection. Ratios were in compliance. Information gathered during the inspection determined there were areas of non-compliances with applicable standards or laws reviewed. Questions about this inspection may be directed to pamela.sneed@dss.virginia.gov
Violations
5Standard 22VAC40-185-160-A
Based on records reviewed, it was determined that 1 of 3 staff records did not include a negative TB screening within 21-days of employment. Evidence: Staff #5 - Date of hire was October 2019, and to-date their is not a TB screening on-file.
Plan of Correction: The TB screening was completed for Staff #5 on 3/8/21.
Standard 22VAC40-185-40-E
Based on documents received, including the renewal application, and research completed by licensing staff, it was determined that the licensee has not ensured operational responsibilities are maintained in compliance with standards.
Evidence:
1. On 2/19/21, the child day center board submitted an annual report to the State Corporation Commission, which identified 4 current board officers. In this inspection report, they will be identified individually as board officer #1, #2, #3, and #4; and collectively as the applicant.
2. On 2/25/21, the applicant submitted to VDSS a child day center renewal application, which was signed by board officer #3, which by signature attested "...that the information contained in this application, including the attachments, are truthful and correct under penalty of perjury. Falsification of application information is grounds for denial or revocation of the license to operate a facility..." On the corporation page of the application, board officers #1, #2, and #3 were identified. There was no board officer #4.
3. On 3/5/21, the inspector requested background checks for board officers, as part of the renewal process, and in accordance with the Code of Virginia. Board officer #3 advised the inspector that board officers will be refusing to submit background checks, and subsequently provided a 3 page written response that stated their position and dispute of the laws that require said background checks. The inspector gave the applicant until 3/8/21 to submit background checks, and none were received.
4. On 3/9/21, the inspector provided a written response to the 3 page document submitted by the applicant, and included supporting documentation of the corporation page of the 2/27/21 renewal application.
5. On 3/10/21, board officer #3 submitted a revised corporation page of the renewal application, citing the board officer information, submitted on 2/25/21, was incorrect. The revisions removed board officer #1 and #2, and did not include #4. Board officer #3 was identified as holding all board officer positions.
6. On 3/10/21, the inspector requested a list of those individuals serving on the board, and on 3/11/21, board officer #3 submitted a document that identified board officers #1 and #2. Board officers #3 and #4 were not on the document.
Evidence:
1. On 2/19/21, the child day center board submitted an annual report to the State Corporation Commission, which identified 4 current board officers. In this inspection report, they will be identified individually as board officer #1, #2, #3, and #4; and collectively as the applicant.
2. On 2/25/21, the applicant submitted to VDSS a child day center renewal application, which was signed by board officer #3, which by signature attested "...that the information contained in this application, including the attachments, are truthful and correct under penalty of perjury. Falsification of application information is grounds for denial or revocation of the license to operate a facility..." On the corporation page of the application, board officers #1, #2, and #3 were identified. There was no board officer #4.
3. On 3/5/21, the inspector requested background checks for board officers, as part of the renewal process, and in accordance with the Code of Virginia. Board officer #3 advised the inspector that board officers will be refusing to submit background checks, and subsequently provided a 3 page written response that stated their position and dispute of the laws that require said background checks. The inspector gave the applicant until 3/8/21 to submit background checks, and none were received.
4. On 3/9/21, the inspector provided a written response to the 3 page document submitted by the applicant, and included supporting documentation of the corporation page of the 2/27/21 renewal application.
5. On 3/10/21, board officer #3 submitted a revised corporation page of the renewal application, citing the board officer information, submitted on 2/25/21, was incorrect. The revisions removed board officer #1 and #2, and did not include #4. Board officer #3 was identified as holding all board officer positions.
6. On 3/10/21, the inspector requested a list of those individuals serving on the board, and on 3/11/21, board officer #3 submitted a document that identified board officers #1 and #2. Board officers #3 and #4 were not on the document.
Plan of Correction: Refer to 40.D plan of correction in this report.
Standard 22VAC40-191-40-D-1-A
Based on interview conducted, documentation received and research, it was determined that 3 of 4 current board officers did not have a Sworn Disclosure Statement (SDS), as part of the required background checks.
Evidence:
1. Board officers #1, #2, and #4 - Refused to submit a completed Sworn Disclosure Statement (SDS), due prior to 1st day of service in said role.
2. Board officers #1, #2, and #4 - Refused to submit a completed Central Registry Check (CPS), due within first 30-days of service.
Evidence:
1. Board officers #1, #2, and #4 - Refused to submit a completed Sworn Disclosure Statement (SDS), due prior to 1st day of service in said role.
2. Board officers #1, #2, and #4 - Refused to submit a completed Central Registry Check (CPS), due within first 30-days of service.
Plan of Correction: Board officer #4 is no longer associated with the organization and has been removed from the SCC website.
Staff #7 [name written] has been added to the SCC website and the renewal application. Her background checks have been completed and submitted.
Per Olivia Ahn and Pamela Snead [sp], background checks are not required for Board members #1 and #2 since they are not involved with day to day duties of school.
Staff #7 [name written] has been added to the SCC website and the renewal application. Her background checks have been completed and submitted.
Per Olivia Ahn and Pamela Snead [sp], background checks are not required for Board members #1 and #2 since they are not involved with day to day duties of school.
Standard 63.2(17)-1720.1-B-4
Based on communications received, it was determined that 1 of 3 staff records did not include required background checks.
Evidence:
1. Staff #1 - An out-of-state Criminal Record Check (CRC) and Sex Offender Registry Check have not been completed, and were due by 12/30/20. [Note: Staff #1, is also board officer #3.]
Evidence:
1. Staff #1 - An out-of-state Criminal Record Check (CRC) and Sex Offender Registry Check have not been completed, and were due by 12/30/20. [Note: Staff #1, is also board officer #3.]
Plan of Correction: The sex offender registry check was completed for Staff #1 on 3/10/21.
Standard 63.2(17)-1721.1-B-2
Based on interview conducted, documentation received, and research conducted by licensing staff, it was determined that 3 of 4 current board officers did not have the required background checks.
Evidence:
1. Board officers #1, #2, and #4 - Refused to submit a completed Criminal Record Check (CRC), due prior to 1st day of service in said role.
Evidence:
1. Board officers #1, #2, and #4 - Refused to submit a completed Criminal Record Check (CRC), due prior to 1st day of service in said role.
Plan of Correction: Refer to 40.D plan of correction in this report.