Inspection · 2021-07-20
Date
2021-07-20
Complaint Related
No
Licensing Inspector
Kelly Adriazola
(804) 840-8245
(804) 840-8245
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 & Supervision
22VAC40-185 Programs
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 non-mandated inspection was initiated on July 20, 2021 and concluded on July 26, 2021. The purpose of the inspection was to investigate a self-report alleged incident that occurred at the facility on July 13, 2021. The inspector reviewed compliance in the areas of administration, staffing and supervision, and programming. One child record, two staff records, employee handbook, and parent handbook were reviewed, and four interviews were conducted.
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.
If you have any questions or concerns please contact the Licensing Inspector at 540-430-9257.
Violations
3Standard 22VAC40-185-40-E
Based on review of policies and procedures and interviews, the licensee did not ensure operational responsibilities that the center's activities and services are maintained in compliance with the center's own policies and procedures that are required by these standards.
1. In the center?s Employee Handbook under Discipline Policy-Acceptable vs Unacceptable it states, ?The children will be encouraged to work out their problems on their own. In the events this is not possible, tactics such as but not limited to time-out or removal from the situation will be utilized. At NO time will a child be subject to corporal punishment by a staff member.? In the Parent Handbook it states under Discipline & Behavior Management Policy, ?General discipline techniques involve positive reinforcement for good behavior and careful explanation of behavior that is acceptable.?
2. On 7/13/2021 Staff #1 grabbed Child #1 by the upper arm and pulled the child back into the gym. Staff #2 verified that Staff #1 did not ask the child to return to the gym before grabbing the child and pulling him back into the gym.
3. Child #1 stated that Staff #1 had not asked him to return to the gym before grabbing and pulling him back into the gym. Child #1 stated, ?If Staff #1 asked me to return to the gym I would have done so?.
4. Child #1 stated that his shoulder and arm had hurt for two days afterwards.
1. In the center?s Employee Handbook under Discipline Policy-Acceptable vs Unacceptable it states, ?The children will be encouraged to work out their problems on their own. In the events this is not possible, tactics such as but not limited to time-out or removal from the situation will be utilized. At NO time will a child be subject to corporal punishment by a staff member.? In the Parent Handbook it states under Discipline & Behavior Management Policy, ?General discipline techniques involve positive reinforcement for good behavior and careful explanation of behavior that is acceptable.?
2. On 7/13/2021 Staff #1 grabbed Child #1 by the upper arm and pulled the child back into the gym. Staff #2 verified that Staff #1 did not ask the child to return to the gym before grabbing the child and pulling him back into the gym.
3. Child #1 stated that Staff #1 had not asked him to return to the gym before grabbing and pulling him back into the gym. Child #1 stated, ?If Staff #1 asked me to return to the gym I would have done so?.
4. Child #1 stated that his shoulder and arm had hurt for two days afterwards.
Plan of Correction: Our staff will be coordinating a training time for our licensing specialist to come in and talk with he staff about protocols and appropriate behaviors. This will help reiterate our policies and stance on appropriate guidance for the children in our care. Additionally, we are asking the Site Manager to begin holding regular staff meetings for the staff at both LES and LGPS so that consistency will be maintained as these staff do float back and forth between sites. We will continue to include this in our annual training for staff as well.
Standard 22VAC40-185-400-B
Based on interviews, the center failed to use behavioral guidance that was constructive in nature, age and stage appropriate, and intended to redirect children to appropriate behavior and resolve conflicts.
Evidence:
1. Staff #2 and Child #1 reported that Staff #1 had grabbed the Child #1 by the upper arm and pulled him back into the gym. Staff #2 stated that Staff #1 said to the child ?I said three boys go to wash their hands.? Child #1 was the fourth child attempting to go wash his hands in the restroom.
2. Staff #2 and Staff #3 described Child #1 as a child who didn?t have any behavioral issues, and would listen when asked or told to do something.
Evidence:
1. Staff #2 and Child #1 reported that Staff #1 had grabbed the Child #1 by the upper arm and pulled him back into the gym. Staff #2 stated that Staff #1 said to the child ?I said three boys go to wash their hands.? Child #1 was the fourth child attempting to go wash his hands in the restroom.
2. Staff #2 and Staff #3 described Child #1 as a child who didn?t have any behavioral issues, and would listen when asked or told to do something.
Plan of Correction: Upon receipt of the acknowledgement of findings form the Licensing office, the employee in questions was relieved of her duties and released from employment. At this time, we have a Lead Teacher in the program who has stepped up and is managing the site alongside of the Lightfoot Site Manager who will be managing both sites together.
Standard 22VAC40-185-410-1
Based on interviews, the facility failed to ensure a child was not roughly handled.
Evidence:
1. On 07/13/2021, Staff #1 grabbed Child #1 (age 8) by the upper arm and pulled the child back into the gym.
2. Staff #2 stated that Staff #1 had grabbed the child by the upper arm and pulled the child back into the gym. Staff #2 stated that Staff #1 said to the child ?I said three boys go to wash their hands.? Child #1 was the fourth child attempting to go wash his hands in the restroom. Staff #2 stated that after the incident Child #1 was holding his arm and had his head down in the cafeteria. Child #1 told Staff #2 that Staff #1 had grabbed his arm.
3. Child #1 reported that Staff #1 had grabbed him by the upper arm and pulled him back into the gym. Child #1 stated he was on the way to the restroom to wash his hands. Child #1 stated that his shoulder and arm had hurt for two days afterwards.
Evidence:
1. On 07/13/2021, Staff #1 grabbed Child #1 (age 8) by the upper arm and pulled the child back into the gym.
2. Staff #2 stated that Staff #1 had grabbed the child by the upper arm and pulled the child back into the gym. Staff #2 stated that Staff #1 said to the child ?I said three boys go to wash their hands.? Child #1 was the fourth child attempting to go wash his hands in the restroom. Staff #2 stated that after the incident Child #1 was holding his arm and had his head down in the cafeteria. Child #1 told Staff #2 that Staff #1 had grabbed his arm.
3. Child #1 reported that Staff #1 had grabbed him by the upper arm and pulled him back into the gym. Child #1 stated he was on the way to the restroom to wash his hands. Child #1 stated that his shoulder and arm had hurt for two days afterwards.
Plan of Correction: The staff member in question from the incident was immediately placed on Administrative Leave upon receiving the complaint. At that time, staff, specifically the Operations Manager, began investigating the report to the best of his ability. Licensing was also contacted to discuss the report. The Operations Manager talked with all parties that were involved. The following week, once our licensing Specialist was back from vacation, an investigation was started on their end. The staff member was kept on Administrative Leave until all findings were complete.