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The Learning Experience

Inspection · 2021-12-28

Date
2021-12-28
Complaint Related
No
Licensing Inspector
Florence Martus
(804) 389-0157
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

8VAC20-770 Background Checks (22VAC40-191)
22.1 Early Childhood Care and Education

Inspector Notes

This inspection was conducted by licensing staff using an alternate remote protocol, including telephone contacts, documents review, interviews and a virtual tour of the program.

A monitoring inspection was initiated on 12/28/21 and concluded on 01/20/22. The director was contacted by telephone and a virtual inspection was conducted. There were 39 children present with seven staff supervising. The inspector reviewed compliance in the areas of administration, physical plant, staffing and supervision, programming, medication, special care and emergencies and nutrition. A total of four child records and five staff records were reviewed.

Information gathered during the inspection determined non-compliance with applicable standards or law and violations were documented on the violation notice issued to the program.

New requirements became effective on October 13, 2021. The facility has not yet fully complied with the following requirement: Tuberculosis screening requirements. The facility is to review the new requirements and work with their assigned inspector to ensure future compliance.

Violations

2
Standard 22.1-289.035-B-4
Based on a review of five staff records and interview, the center did not obtain a copy of the results of a criminal history record information check, a sex offender registry check, and a search of the child abuse and neglect registry or equivalent registry from any state in which two staff members had resided in the last five years within the required time frames.

Evidence: 1) The record for Staff #1, hired on 08/30/21, indicated the staff has resided in another stated outside of Virginia within the last five years. The record did not contain a criminal history record information check, a sex offender registry check, or a search of the child abuse and neglect registry.

2) The record for Staff #2, hired on 12/06/21, indicated the staff has resided in another stated outside of Virginia within the last five years. The record did not contain a sex offender registry check or a search of the child abuse and neglect registry. An out-of-state criminal history record information check was not required because the state participates in the National Fingerprint File (NFF) program through the FBI.

3) During interview, a member of management confirmed the required out-of-state checks were not obtained for Staff #1 or Staff #2 within the required time frames. The out-of-state criminal history record information check and the sex offender registry check are required to be obtained prior to hire. The out-of-state search for founded complaints of child abuse or neglect is required to be requested within the first 30 days of being hired.
Plan of Correction: Per the Center: "Management will call or email when request is not found."
Standard 8VAC20-770-60-C-2
Based on a review of five staff records and interviews, the center did not ensure that three staff members had a central registry finding within 30 days of employment.

Evidence: 1) The record for Staff #1, hired on 08/30/21, did not contain the results of a central registry finding.

2) The record for Staff #2, hired on 12/06/21, did not contain the results of a central registry finding.

3) The record for Staff #5, hired on 11/08/21, did not contain the results of a central registry finding.

4) During interviews, a member of management reported the central registry finding for Staff #1, Staff #2 and for Staff #5 had not been received. The records did not contain documentation of any further contact, and the staff has been continuously employed.
Plan of Correction: Per the Center: "Management will email or call the central registry before the end of 30 days for a proof of documents."
View original record on Virginia Department of Social Services