Inspection · 2022-09-19
Date
2022-09-19
Complaint Related
No
Licensing Inspector
Mahrukh Aziz
(571) 835-4718
(571) 835-4718
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 Health Care of Caregivers and Household Members
8VAC20-800 Care of Children
8VAC20-800 Annual Training
8VAC20-800 Environment and Equipment
8VAC20-800 Emergencies
8VAC20-800 Transportation
Inspector Notes
An inspection was initiated on 9/19/22 and concluded on 11/9/22, in response to an incident reported by the provider to the department on 9/13/22. The inspection was conducted in conjunction with one other local agency. The incident was related to the direct care, safety, supervision and transportation of a 4 year old child attending the family day home. 2 caregivers, 1 household member, 1 parent and 1 other adult was interviewed related to the incident. 3 caregiver's records, 2 children's records and attendance 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. For any questions regarding this inspection, please contact me at mahrukh.aziz@doe.virginia.gov or 571-835-4718.
Violations
7Standard 22.1-289.035-B-4
Based on records review and staff interview, the family day home did not obtain results of an out of state central registry search for an employee within 45 days of employment; and did not obtain results of an out of state criminal record check and sex offender search for an employee prior to the first day of employment.
Evidence:
1. The provider stated that Caregiver #2 worked at the family day home effective 6/6/22, on an as needed basis.
2. Caregiver # 2?s records indicated that she resided in Arizona and Texas within the last 5 years.
3. The provider confirmed that to this date, she had not obtained results of the central registry findings for Texas and Arizona for Caregiver # 2.
4. The provider also confirmed that the results of the sex offender and the criminal record checks for the states of Arizona and Texas were not obtained for Caregiver # 2 prior to the first day of employment, and were unavailable to this date.
Evidence:
1. The provider stated that Caregiver #2 worked at the family day home effective 6/6/22, on an as needed basis.
2. Caregiver # 2?s records indicated that she resided in Arizona and Texas within the last 5 years.
3. The provider confirmed that to this date, she had not obtained results of the central registry findings for Texas and Arizona for Caregiver # 2.
4. The provider also confirmed that the results of the sex offender and the criminal record checks for the states of Arizona and Texas were not obtained for Caregiver # 2 prior to the first day of employment, and were unavailable to this date.
Plan of Correction: Caregiver # 2 was only employed for a short period of time. Prior to the short term employment Caregiver # 2 got the fingerprints, VA central registry, TB test and physical. Even though she isn't employed here anymore, I got her AZ criminal and sex offender checks completed in September. The Texas sex offender results were also completed and I am waiting on the TX criminal record. I was told that could take up to 100 days to complete. This will be submitted as soon as I get it.
Standard 8VAC20-800-1010
Based on staff interviews, the provider did not ensure that during transportation, children were in an individual car seat with appropriate restraints, according to Virginia Law.
Evidence:
1. Virginia law requires that all children under the age of eight be placed in a proper safety restraint system for their age.
2. On 9/13/22, Caregiver # 1 took Child # 1 (4 years) in her friend?s car to her home, a local grocery store and then back to the family day home.
3. The provider and Caregiver # 1 both stated that there was no car seat in the car. Child # 1 and Caregiver # 1 were seated in the back seat, while Caregiver # 1?s friend drove the car.
4. Caregiver # 1 stated that Child # 1 was restrained using the car?s safety belt and that she had her arms around Child # 1 the entire time during the car ride.
Evidence:
1. Virginia law requires that all children under the age of eight be placed in a proper safety restraint system for their age.
2. On 9/13/22, Caregiver # 1 took Child # 1 (4 years) in her friend?s car to her home, a local grocery store and then back to the family day home.
3. The provider and Caregiver # 1 both stated that there was no car seat in the car. Child # 1 and Caregiver # 1 were seated in the back seat, while Caregiver # 1?s friend drove the car.
4. Caregiver # 1 stated that Child # 1 was restrained using the car?s safety belt and that she had her arms around Child # 1 the entire time during the car ride.
Plan of Correction: This caregiver was immediately fired for this breach of trust and security. She knew that we never take any field trips and knew that we were not to take the kids out of the house ever. We request signed permission slips from the parents for waterplay in my backyard. Why she thought she could take a child to run an errand is something I will never understand. This caregiver never gave any indication that she would a child out of our care. She was fired on the spot and as soon as I found out what she did that day.
Standard 8VAC20-800-150-D-1
Based on records review, an assistant who was alone with a child in care did not have certification in cardiopulmonary resuscitation (CPR).
Evidence:
1. On 9/13/22, Caregiver # 1 took Child # 1 from the family day home, in a car to her home and to a local grocery store, after which she returned to the family day home. They were gone for approximately 15-20 minutes.
2. Caregiver # 1?s record did not have documentation of CPR certification on file.
3. Caregiver #1 confirmed in an email 11/9/22 that she was not CPR certified.
Evidence:
1. On 9/13/22, Caregiver # 1 took Child # 1 from the family day home, in a car to her home and to a local grocery store, after which she returned to the family day home. They were gone for approximately 15-20 minutes.
2. Caregiver # 1?s record did not have documentation of CPR certification on file.
3. Caregiver #1 confirmed in an email 11/9/22 that she was not CPR certified.
Plan of Correction: All new hires will get CPR and first add certification prior to employment.
Standard 8VAC20-800-150-D-2
Based on records review, an assistant who was alone with a child in care did not have certification in first aid.
Evidence:
1. On 9/13/22, Caregiver # 1 took Child # 1 from the family day home, in a car to her home and to a local grocery store, after which she returned to the family day home. They were gone for approximately 15-20 minutes.
2. Caregiver # 1?s record did not have documentation of first aid certification on file.
3. Caregiver #1 confirmed in an email dated 11/9/22 that she was not First Aid certified.
Evidence:
1. On 9/13/22, Caregiver # 1 took Child # 1 from the family day home, in a car to her home and to a local grocery store, after which she returned to the family day home. They were gone for approximately 15-20 minutes.
2. Caregiver # 1?s record did not have documentation of first aid certification on file.
3. Caregiver #1 confirmed in an email dated 11/9/22 that she was not First Aid certified.
Plan of Correction: All new hires will get CPR and first add certification prior to employment.
Standard 8VAC20-800-50-A
Based on interview and records review, the family day home did not maintain written attendance each day for children in care.
Evidence:
1. The provider confirmed that Child #2 does not live in the home and has been in care since 9/6/21.
2. Attendance records were reviewed for the months of July, August and September 2022. A written record of Child # 2?s attendance was not maintained for any of these months.
Evidence:
1. The provider confirmed that Child #2 does not live in the home and has been in care since 9/6/21.
2. Attendance records were reviewed for the months of July, August and September 2022. A written record of Child # 2?s attendance was not maintained for any of these months.
Plan of Correction: Child # 2 will be signed in on the days she comes to my daycare.
Standard 8VAC20-800-650-E
Based on staff interview, parent interview, and records review, the provider did not notify the parent immediately when a child was missing. Evidence:
1. The provider stated the following:
a. On 9/13/22 at approximately 12:30pm, the provider went upstairs on the second level of the family day home to pray.
b. At approximately 12:54pm, when the provider came back downstairs, she did not see Caregiver # 1 and Child # 1 anywhere in the main daycare room where the other 4 children were asleep. The provider then checked the living and dining room. Caregiver # 1 and Child # 1 were not found.
c. The provider grabbed her cell phone from the kitchen counter and went outside to check if they were there.
d. The provider started to call Caregiver # 1 at 1:04pm, during which time Caregiver # 1 pulled up to the family day home in her friend?s car.
e. The provider did not call Child # 1?s parents immediately to inform them that Child # 1 was missing from the daycare, reportedly because she was trying to understand what had just happened and because of how upset she was.
f. The provider told Child # 1?s parent about the incident at 5:00pm when the parent arrived to pick up.
2. Child # 1?s parent confirmed that the provider notified them of the incident when they arrived at approximately 5:00pm to pick up the child.
1. The provider stated the following:
a. On 9/13/22 at approximately 12:30pm, the provider went upstairs on the second level of the family day home to pray.
b. At approximately 12:54pm, when the provider came back downstairs, she did not see Caregiver # 1 and Child # 1 anywhere in the main daycare room where the other 4 children were asleep. The provider then checked the living and dining room. Caregiver # 1 and Child # 1 were not found.
c. The provider grabbed her cell phone from the kitchen counter and went outside to check if they were there.
d. The provider started to call Caregiver # 1 at 1:04pm, during which time Caregiver # 1 pulled up to the family day home in her friend?s car.
e. The provider did not call Child # 1?s parents immediately to inform them that Child # 1 was missing from the daycare, reportedly because she was trying to understand what had just happened and because of how upset she was.
f. The provider told Child # 1?s parent about the incident at 5:00pm when the parent arrived to pick up.
2. Child # 1?s parent confirmed that the provider notified them of the incident when they arrived at approximately 5:00pm to pick up the child.
Plan of Correction: Again, she was not supposed to take the child out of our care. She was fired immediately on 9/13/2022. I called my substitute who immediately came and worked with me that day and until I found a permanent replacement. All the new staff will be relayed this incident so they understand that no child can be taken
out of our care. She was fired on the spot on 9/13/2022. All the parents were informed of what happened. And all were shocked as this caregiver never exhibited any behaviors that made them feel unsafe to leave their children in her care. She was fired on the spot and as soon as I found out what she did that day,
9/13/2022. Once the caregiver was removed, I monitored the child for signs of
distress, physical or emotional trauma and luckily saw none. The child was actually happy he got to go on a little trip and was excited. I am glad the child was not harmed and spent the rest of the day later focused on him. I spoke at length with the child's parent about the event. The parent was shocked by the caregiver's actions. I gave the parent all the details even though I was still visibly shaken. I made myself available to the parent in person, over the phone and via text . We were in constant communication throughout this ordeal and we remains good friends. The parent brought both their children to my daycare because they loved the care the children received.
out of our care. She was fired on the spot on 9/13/2022. All the parents were informed of what happened. And all were shocked as this caregiver never exhibited any behaviors that made them feel unsafe to leave their children in her care. She was fired on the spot and as soon as I found out what she did that day,
9/13/2022. Once the caregiver was removed, I monitored the child for signs of
distress, physical or emotional trauma and luckily saw none. The child was actually happy he got to go on a little trip and was excited. I am glad the child was not harmed and spent the rest of the day later focused on him. I spoke at length with the child's parent about the event. The parent was shocked by the caregiver's actions. I gave the parent all the details even though I was still visibly shaken. I made myself available to the parent in person, over the phone and via text . We were in constant communication throughout this ordeal and we remains good friends. The parent brought both their children to my daycare because they loved the care the children received.
Standard 8VAC20-800-980-A
Based on records review and staff interview, the provider did not obtain written parental permission to take a child off the premises of the family day home.
Evidence:
1. On 9/13/22, Caregiver # 1 took Child # 1 from the family day home, in a car to her home and to a local grocery store, after which she returned to the family day home. They were gone for approximately 15-20 minutes.
2. Child # 1?s record did not have any written parental permission that allowed Child # 1 to be transported anywhere outside of or away from the family day home.
Evidence:
1. On 9/13/22, Caregiver # 1 took Child # 1 from the family day home, in a car to her home and to a local grocery store, after which she returned to the family day home. They were gone for approximately 15-20 minutes.
2. Child # 1?s record did not have any written parental permission that allowed Child # 1 to be transported anywhere outside of or away from the family day home.
Plan of Correction: This caregiver was immediately fired. We never take the children out of my home.
We never go on field trips and watch the kids in my home/out in my backyard.
She knew our procedure and our daily schedule and routine. Why she took
this child out with her is still shocking given that she never exhibited behavior
that gave me any doubts about her main duty of keeping all of our kids safe in
my daycare until their parents picked them up.
We never go on field trips and watch the kids in my home/out in my backyard.
She knew our procedure and our daily schedule and routine. Why she took
this child out with her is still shocking given that she never exhibited behavior
that gave me any doubts about her main duty of keeping all of our kids safe in
my daycare until their parents picked them up.