Inspection · 2022-04-11
Date
2022-04-11
Complaint Related
Yes
Licensing Inspector
Katie Gifford
(276) 698-9981
(276) 698-9981
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
8VAC20-800 Administration
8VAC20-800 Physical Equipment and Environment
8VAC20-800 Care of Children
8VAC20-820 THE LICENSE.
8VAC20-770 Background Checks
22.1 Background Checks Code, Carbon Monoxide
Inspector Notes
An unannounced complaint inspection was initiated on 04/11/2022 from 8:50 a.m. until 10:10 a.m. and on 04/14/2022 from 1:05 p.m. until 1:50 p.m. due to a complaint regarding allegations in the areas of administration, physical health of caregivers and household members, and care of children. There were 22 children present on 04/11/2022 ages seven (7) months through five years of age with the provider and two additional caregivers. An additional caregiver arrived at approximately 9:20 a.m. On 04/14/2022 there were 23 children present ages (7) months through five years of age with the provider and one caregiver present; a second caregiver arrived during the inspection at approximately 1:20 p.m.
Based on interviews, observations, and record review, the evidence gathered during the investigation supported the allegations of non-compliance with standards or law and violations were issued. Any violations not related to the complaint but identified during the course of the investigation can be found on the violation notice.
Please complete the ?plan of correction? and date to be corrected? for each violation cited on the violation notice and return to be within five (5) business days from today. You will need to specify how the deficient practice will be or has been corrected. Just writing the work ?corrected? is not acceptable. Your plan of correction must contain: 1) steps to correct the noncompliance with the standards (s), 2) measures to prevent the noncompliance from occurring again; and 3) person (s) responsible for implementing each step and/or monitoring any preventive measure (s). Please do not use staff names; list staff by positions only.
Violations
11Standard 22.1-289.035-B-2
Based on interview with the provider, the provider failed to ensure that prior to employment, all persons who work with children have completed fingerprint background checks.
Evidence:
1. There are no fingerprint background checks on file for caregivers #2 and # 5. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Evidence:
1. There are no fingerprint background checks on file for caregivers #2 and # 5. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Plan of Correction: FIngerprints have been completed, processed and returned.
Standard 8VAC20-770-60-B
Based on interview with the provider, the provider failed to ensure that an employee or volunteer of a licensed or registered child day program or of a family day home approved by a family day system must not be employed or provide volunteer service until the agency or home has the person's completed sworn statement or affirmation.
Evidence:
1. There is not a sworn statement on file for caregivers # 2 and #5 who were providing care to children on 04/11/2022. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Evidence:
1. There is not a sworn statement on file for caregivers # 2 and #5 who were providing care to children on 04/11/2022. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Plan of Correction: Sworn statements have been completed.
Standard 8VAC20-770-60-C-2
Based on interview with the provider, the provider failed to ensure that all persons who work with children have a search of the central registry search completed within 30 days of employment or volunteer service.
Evidence: 1. There was no central registry completed for caregivers #2 and #5. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Evidence: 1. There was no central registry completed for caregivers #2 and #5. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Plan of Correction: Central registry checks have been completed and mailed.
Standard 8VAC20-800-120-A
Based on interview and record review, the provider did not maintain a record for each caregiver.
Evidence:
1. There were no records for caregiver #2 and #5. The provider stated she did not have have any records for the two caregivers. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Evidence:
1. There were no records for caregiver #2 and #5. The provider stated she did not have have any records for the two caregivers. 2. Caregiver #2 stated she had been working since 10/2021. 3. The provider confirmed that caregiver #2 had been working regularly as a caregiver since October 2021. 4. The provider stated caregiver #5 was "just helping out and is a sub."
Plan of Correction: Caregiver records are now complete.
Standard 8VAC20-800-320-E
Based on observation and interview, the provider had a portable electric heater accessible to children and failed to have a barrier or screen and was located within three feet from combustible materials.
Evidence:
1. The inspector observed a portable electric heater located approximately three feet off the floor, that was plugged up, in use and producing heat in the back room used by children in care. The heater was sitting directly on top of a rounded wooden trunk, hot to the touch and located less than the required 3 feet distance from combustibles including a large, cushioned chair with a fleece blanket covering it, two wooden plaques and a plastic play kitchen. The hot heater was accessible to the reach of the children in care.
Evidence:
1. The inspector observed a portable electric heater located approximately three feet off the floor, that was plugged up, in use and producing heat in the back room used by children in care. The heater was sitting directly on top of a rounded wooden trunk, hot to the touch and located less than the required 3 feet distance from combustibles including a large, cushioned chair with a fleece blanket covering it, two wooden plaques and a plastic play kitchen. The hot heater was accessible to the reach of the children in care.
Plan of Correction: The heater was unplugged during the inspection on 04/11/2022 and is longer in use.
Standard 8VAC20-800-40-A
Based on observation and record review, the provider failed to ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home.
1. The provider is licensed for a capacity of 12 children which is on the face of the license issued to the provider. 2. The inspector arrived at the home at approximately 8:50 a.m. on 4/11/2022 and observed 22 children in care ages seven months through five years of age. The inspector counted the children in two rooms. 3. The licensing inspector, licensing administrator, and local law enforcement arrived at the home at approximately 1:05 pm on 4/14/2022 and observed 23 children in care ages seven months through five years of age. The inspector counted the children in two rooms, the hallway (three children), and one bedroom (one child).
1. The provider is licensed for a capacity of 12 children which is on the face of the license issued to the provider. 2. The inspector arrived at the home at approximately 8:50 a.m. on 4/11/2022 and observed 22 children in care ages seven months through five years of age. The inspector counted the children in two rooms. 3. The licensing inspector, licensing administrator, and local law enforcement arrived at the home at approximately 1:05 pm on 4/14/2022 and observed 23 children in care ages seven months through five years of age. The inspector counted the children in two rooms, the hallway (three children), and one bedroom (one child).
Plan of Correction: I currently have 12 full-time children enrolled. There are no part-time children enrolled. I changed my policy and am no longer enrolling part-time children.
Standard 8VAC20-800-500-C
Based on observation, the provider had a piece of outdoor playground equipment over a hard surface that was not at least six feet from the perimeter of obstacles.
Evidence:
1. The provider has a piece of climbing equipment (rock wall) that has a slide two feet high which has no resilient surfacing underneath it and is located on a wooden deck. The rock climbing wall, 46 inches tall, has a metal post for a shade canopy within 26 inches with the perimeter. The slide and other two other sides of the play equipment were approximately two feet from the deck rails and a bench.
Evidence:
1. The provider has a piece of climbing equipment (rock wall) that has a slide two feet high which has no resilient surfacing underneath it and is located on a wooden deck. The rock climbing wall, 46 inches tall, has a metal post for a shade canopy within 26 inches with the perimeter. The slide and other two other sides of the play equipment were approximately two feet from the deck rails and a bench.
Plan of Correction: The equipment has been moved to a grassy area in yard.
Standard 8VAC20-800-540-A
Based on observation and interview, infant carrier seats, swings, strollers, feeding or activity tables, and high chairs failed to be used according to the manufacturer's instructions and when occupied by a child, a safety strap shall be used and securely fastened.
Evidence:
1. There were five infants (child #13, #14, #16, #18, and #19) in infant rocking seats that were approximately 18 inches off the floor. None of the safety straps were used and securely fastened while the children were asleep in them. The provider stated the straps were not fastened.
Evidence:
1. There were five infants (child #13, #14, #16, #18, and #19) in infant rocking seats that were approximately 18 inches off the floor. None of the safety straps were used and securely fastened while the children were asleep in them. The provider stated the straps were not fastened.
Plan of Correction: From now on, I will make sure the buckles are fastened.
Standard 8VAC20-800-570-A
Based on observation, the provider failed to ensure that a caregiver does not exceed 16 points by using the following point system to determine if an additional caregiver is needed.
Evidence:
1. Upon arrival at 8:50 a.m. on 4/11/2022, the inspector observed 22 children in care ages seven (7) months through five years of age totaling 53 points with three caregivers present (#1, #2, and #5). At approximately 9:20 a.m., caregiver #4 arrived. 2. Upon arrival at 1:05 p.m. on 4/14/2022, the inspector, licensing administrator, and local law enforcement observed 23 children in care ages seven (7) months through five years of age totaling 55 points with the two caregivers (#1 and #3) present. A third caregiver (#2) arrived at 1:20 p.m.
Evidence:
1. Upon arrival at 8:50 a.m. on 4/11/2022, the inspector observed 22 children in care ages seven (7) months through five years of age totaling 53 points with three caregivers present (#1, #2, and #5). At approximately 9:20 a.m., caregiver #4 arrived. 2. Upon arrival at 1:05 p.m. on 4/14/2022, the inspector, licensing administrator, and local law enforcement observed 23 children in care ages seven (7) months through five years of age totaling 55 points with the two caregivers (#1 and #3) present. A third caregiver (#2) arrived at 1:20 p.m.
Plan of Correction: I currently have 30 points and will not go over the limit on points.
Standard 8VAC20-800-60-A
Based on record review and interview, the provider failed to maintain an up-to-date record at the family day home for each enrolled child.
evidence:
1. The inspector asked to see child records for all children in attendance. 2. There were no records for seven children. The provider stated that she had been providing care for children #11, #12, and #13 since last week because there was no day care available. Provider stated there was no record for child #16 who had been in care for approximately 10 months. Provider stated there was also no record for children #18, #20 or #23.
evidence:
1. The inspector asked to see child records for all children in attendance. 2. There were no records for seven children. The provider stated that she had been providing care for children #11, #12, and #13 since last week because there was no day care available. Provider stated there was no record for child #16 who had been in care for approximately 10 months. Provider stated there was also no record for children #18, #20 or #23.
Plan of Correction: All children who are enrolled now have a record. Provider has streamlined the enrollment process and will be completed before the child attends.
Standard 8VAC20-820-120-E-1
Based on observation, the most recently issued license was not posted.
Evidence:
1. The license was on a bookshelf near the cubbies.
Evidence:
1. The license was on a bookshelf near the cubbies.
Plan of Correction: The license has now been posted; it is framed and now hanging on the wall.