Inspection · 2021-05-24
Date
2021-05-24
Complaint Related
Yes
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 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
63.2 Child Abuse & Neglect
Inspector Notes
An unannounced inspection was initiated on 05/24/2021 and concluded on 05/25/2021 in response to a complaint that was received by the licensing office on 05/24/2021. This inspection 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. Interviews were conducted with staff relating to the allegations of behavior management and forbidden actions. Staff's and children's records and other pertinent documentation were also reviewed.
The information gathered during this investigation supports the allegations, so the complaint is determined to be valid. Additional violations not related to the complaint were also cited. Areas of non-compliance are listed in the Violation Notice. If you have any questions, please contact the Licensing Inspector, Maria Robles at maria.robles-lopez@dss.virginia.gov.
Violations
3Standard 22VAC40-185-40-E
Based on observation of center's video recording and documentation review, it was determined that staff failed to follow the center's own policies & procedures on discipline policies, including acceptable and unacceptable discipline measures.
Evidence:
1) According to the center's employee handbook the following is part of "a list of examples of behavior which Kiddie Academy deems serious enough for termination": a-"Conduct which subjects a child to abuse, neglect or injurious treatment." b- "Deliberate infliction in any manner of any type of physical pain to a child...or any other means of physical discipline or acts which result in physical pain." d- "Subjecting a child to verbal abuse..., such as by shouting, cursing, shaming or ridiculing." e- "Using disciplinary methods that are considered inappropriate by child care professionals and which create undue discomfort..."
2) Employee handbook acknowledgement forms were signed off by Staff #1 on 04/09/2021 and Staff #2 on 03/02/2017.
3) The center's video recording from 05/20/2021 of the Mangoes (2 year old) classroom, showed the following:
a- Staff #1, several times, grabbed, pulled and forcefully placed Child #1 (2 years old) down on their cot, sometimes pushing them down.
b- Staff #1 and Staff #2 yelled at children several times "What is wrong with you?", "You are not being very nice", ?You are being very rude", "Stop it! No more!", "No. Lay down" and "No thank you! Bye, bye!?
Evidence:
1) According to the center's employee handbook the following is part of "a list of examples of behavior which Kiddie Academy deems serious enough for termination": a-"Conduct which subjects a child to abuse, neglect or injurious treatment." b- "Deliberate infliction in any manner of any type of physical pain to a child...or any other means of physical discipline or acts which result in physical pain." d- "Subjecting a child to verbal abuse..., such as by shouting, cursing, shaming or ridiculing." e- "Using disciplinary methods that are considered inappropriate by child care professionals and which create undue discomfort..."
2) Employee handbook acknowledgement forms were signed off by Staff #1 on 04/09/2021 and Staff #2 on 03/02/2017.
3) The center's video recording from 05/20/2021 of the Mangoes (2 year old) classroom, showed the following:
a- Staff #1, several times, grabbed, pulled and forcefully placed Child #1 (2 years old) down on their cot, sometimes pushing them down.
b- Staff #1 and Staff #2 yelled at children several times "What is wrong with you?", "You are not being very nice", ?You are being very rude", "Stop it! No more!", "No. Lay down" and "No thank you! Bye, bye!?
Plan of Correction: Staff #1 has been terminated. All staff has reviewed and re-signed the center's discipline policy with administration.
Standard 22VAC40-185-400-B
Based on observation of center's video recording, it was determined that behavioral guidance was not constructive in nature, age and stage appropriate, and was not intended to redirect children to appropriate behavior and resolve conflicts.
Evidence:
1) The center's video recording from 05/20/2021 of the Mangoes (2 year old) classroom, showed the following: Staff #1 and Staff #2 yelled to children several times from across the room. Staff #1 told Child #1 in a very loud voice: "What is wrong with you?", "You are not being very nice", ?You are being very rude" in response to Child #1 moving around the room instead of staying on their cot. Staff #1 and Staff #2 yelled to children (2 year olds) out of the camera view: "Stop it! No more!", ?Stop crying!?, "No. Lay down" and "No thank you! Bye, bye!?
Evidence:
1) The center's video recording from 05/20/2021 of the Mangoes (2 year old) classroom, showed the following: Staff #1 and Staff #2 yelled to children several times from across the room. Staff #1 told Child #1 in a very loud voice: "What is wrong with you?", "You are not being very nice", ?You are being very rude" in response to Child #1 moving around the room instead of staying on their cot. Staff #1 and Staff #2 yelled to children (2 year olds) out of the camera view: "Stop it! No more!", ?Stop crying!?, "No. Lay down" and "No thank you! Bye, bye!?
Plan of Correction: All staff has been re-trained on positive guidance with management and re-signed the center's discipline/behavior management policy.
Standard 22VAC40-185-410-1
Based on observation of center's video recording, review of documentation and interview with staff, it was determined that staff engaged in forbidden actions such as roughly handling a child.
Evidence:
1) The center's video recording from 05/20/2021 of the Mangoes (2 year old) classroom, showed the following: Staff #1 and Staff #2 were laying down cots, moving chairs and tables and getting children ready for naptime. Child #1 was walking around the classroom and talking to other children. Several times, Staff #1 grabbed Child #1 by their arm and roughly pulled them to their sleeping cot and instructed them to stay there. After Staff #1 left Child #1's side, Child #1 moved to a different area of the room to play. Once Staff #1 noticed that Child #1 had moved, Staff #1 grabbed them again and pulled them back to their cot. Staff #1 pulled Child #1by their arm 4 times. In 5 occasions, Staff #1 placed both hands on Child's #1 arms and underarms, lifted them up and brought them to their assigned cot and placed them down forcefully. In 12 occasions, Staff #1 pushed Child #1 down on their sleeping cot. The video recording reviewed lasted 10 minutes.
2) An Employee Counseling Form for Staff #1 dated 05/20/21 and provided by the center states that "Improper + rough handling was observed at naptime, when trying to get a child to lay on his cot."
3) Staff #1 stated (during an interview on the date of inspection) that "I know in video it looks bad" and that "I could have done something different like move him in the other classroom".
Evidence:
1) The center's video recording from 05/20/2021 of the Mangoes (2 year old) classroom, showed the following: Staff #1 and Staff #2 were laying down cots, moving chairs and tables and getting children ready for naptime. Child #1 was walking around the classroom and talking to other children. Several times, Staff #1 grabbed Child #1 by their arm and roughly pulled them to their sleeping cot and instructed them to stay there. After Staff #1 left Child #1's side, Child #1 moved to a different area of the room to play. Once Staff #1 noticed that Child #1 had moved, Staff #1 grabbed them again and pulled them back to their cot. Staff #1 pulled Child #1by their arm 4 times. In 5 occasions, Staff #1 placed both hands on Child's #1 arms and underarms, lifted them up and brought them to their assigned cot and placed them down forcefully. In 12 occasions, Staff #1 pushed Child #1 down on their sleeping cot. The video recording reviewed lasted 10 minutes.
2) An Employee Counseling Form for Staff #1 dated 05/20/21 and provided by the center states that "Improper + rough handling was observed at naptime, when trying to get a child to lay on his cot."
3) Staff #1 stated (during an interview on the date of inspection) that "I know in video it looks bad" and that "I could have done something different like move him in the other classroom".
Plan of Correction: Staff #1 has been terminated. All staff attended a staff training following the incident detailing the Behavior Management Plan and proper handling of children. The training reviewed methods of positive guidance and detailed forbidden actions. All staff has re-signed the center's Behavior Management Policy.