Inspection · 2021-08-20
Licensing Inspector
Brandie Viscayda
(757) 636-3427
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 STAFFING AND SUPERVISION.
22VAC40-191 Background Checks (22VAC40-191)
63.2(17) License & Registration Procedures
Inspector Notes
This inspection was conducted by licensing staff using an alternate remote protocol, including telephone contacts. documents review and interviews.
A complaint inspection was initiated on 08/20/2021 and concluded on 09/08/2021.
The inspector contacted the director by telephone to discuss allegations regarding inappropriate behavior guidance and early morning staffing.
Based on the information gathered the allegation regarding inappropriate behavior guidance could not be substantiated. The allegation regarding staffing in the early morning was found to be valid. Additional violations was found in the areas of confidentially of children's records and staff background checks.
The violations are listed on the violation notice issued to the facility. These violations were reviewed with administrative staff at the complaint exit interview.
Standard 22VAC40-185-340-C
Based on interview, the center failed to ensure that there always shall be on the premises when one or more children are present one staff member and an immediately available staff member, volunteer or other employee who is at least 16 years of age, with direct means for communication between the two of them.
Evidence:
1. Staff 1 and staff 2 confirmed that staff 1 was alone with one or more children for approximately 30 minutes on two occasions in early July 2021 - when staff 3 failed to show up for work at 7:00 am.
Plan of Correction: The second staff member was late to work on two occasions. It was a judgement call of the director whether to open the school on time, or wait for the staff member to arrive which would have made parents very late to their own work places. When the center is not opened punctually parents get upset with staff who have no control over other staff members. However, the staff member in question was released from her position with the school due to this lack of punctuality. The director herself opened the school on the two dates in question.
Standard 22VAC40-185-50-A
Based on interview and record review, the center failed to ensure that children's records are confidential.
Evidence:
1. The center director provided verbal and written documentation that the following confidential information had been released to another child day center on or about 08/18/2021:
a. Birth Certificate;
b. Immunization;
c. Physical;
d. Progress report;
e. Two incident reports.
2. The parent of child 1 stated that she had not provided written or verbal authorization for her child's records to be released.
a. The parent additionally stated she was not aware that her child's records had been released to another child day center.
Plan of Correction: This is a blanket statement made by SS. We do hold personal student records/information confidential and have done so for the past 26 years. We have absolutely no knowledge of where each of our students move on to for their education. Therefore, unless a school requests records, we the school, have no information on where to send any students' records. The center in question did call and make a request. We then asked them to provide a written request which was provided to us. Thereafter the records were forwarded. We did call them to verify that they had received parental permission to request the records to which they said they did. After which they did not return any of our calls. All in house school policies that are in place are approved by school attorneys.
Standard 63.2(17)-1720.1-B-4
Based on record review and interview, the center failed to 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 the individual has resided in the preceding five years.
Evidence:
1. Staff 1, hire date 12/14/2020, lacks an out-of-state criminal record check, sex offender check and central registry check from one state that staff 1 has resided in within the past five years.
2. The criminal record check, sex offender check and central registry check from a second state that staff 1 has resided in within the past five years was obtained on 08/27/2021 which is after her hire date of 12/14/2020.
Plan of Correction: The School did request background checks from CA. We were informed CA does not release background checks for employment. A copy of this was provided to SS. A copy of background check from ME was also provided to SS.