Inspection · 2023-12-06
Date
2023-12-06
Complaint Related
No
Licensing Inspector
Molly Muscat
(804) 588-2367
(804) 588-2367
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
8VAC20-780 Administration.
8VAC20-780 Staff Qualifications and Training.
8VAC20-780 Physical Plant.
8VAC20-780 Staffing and Supervision.
8VAC20-780 Programs.
8VAC20-780 Special Care Provisions and Emergencies
8VAC20-780 Special Services.
8VAC20-820 THE LICENSE.
8VAC20-770 Background Checks (8VAC20-770)
20 Access to minor?s records
63.2 Child Abuse & Neglect
Inspector Notes
A monitoring inspection was initiated on December 6, 2023 in response to a self-reported incident that was received on November 29, 2023 in reference to behavior guidance. Documentation was gathered and interviews were conducted. A follow up inspection was conducted on December 15, 2023. The preponderance of evidence gathered during the investigation supports violation of standards in regard to the complaint.
Violations were cited as a result of this inspection.
Please complete the plan of correction and ?date to be corrected? for each violation cited on the violation notice, sign, and return it to me within 5 business days from today, 01/08/24. Please specify how the deficient practice will be or has been corrected. Your plan of correction should contain: 1) steps to correct the noncompliance with the standard(s), 2) measures to prevent the noncompliance from occurring again, and 3) person(s) responsible for implementing each step and/or monitoring any preventative measure(s).
Violations
4Standard 8VAC20-780-340-A
Based on interviews, the center failed to ensure when staff are supervising children, they shall always ensure their care, protection, and guidance.
Evidence:
1. Interviews on 12/06/23 with staff #1, and staff #2 revealed that on 11/28/23 staff #1 hit child #1, age 2 years, on the back which caused child #1 to fall out of their chair and hit their head on the table. When child #1 hit their head on the table child #1 began to cry. Child #1 had a raised red mark on their forehead and stated to their parent that staff #1 had hurt them.
Evidence:
1. Interviews on 12/06/23 with staff #1, and staff #2 revealed that on 11/28/23 staff #1 hit child #1, age 2 years, on the back which caused child #1 to fall out of their chair and hit their head on the table. When child #1 hit their head on the table child #1 began to cry. Child #1 had a raised red mark on their forehead and stated to their parent that staff #1 had hurt them.
Plan of Correction: The staff member faced immediate disciplinary action in keeping with our policies and procedures. The staff?s employment was terminated the day of the incident because of a breach of company policy and licensing standards.
Standard 8VAC20-780-40-E
Based on interviews, the center failed to follow the centers own policies and procedures.
Evidence:
1. Interviews on 12/06/23 and 12/11/23 with staff #2 and staff #1 revealed that staff #1 hit child #1, age two years, on the back out of frustration because child #1 would not put their shoes on. When staff #1 hit child #1, child #1 fell out of their chair and hit their head on the table.
2. Interview with staff #3 on 12/15/23 revealed that on 11/28/23 staff #1 was observed hitting a child on the hand and yelling "stop!" while in the lunch room.
2. The centers policy titled "Behavior Guidance Policy Agreement", signed by staff #1 on 10/30/23, states "teachers are prohibited from using harsh and cruel treatment involving physical punishment, including but not limited to spanking, restraining movement, shaking/rough handling, ..all faculty/staff must assume a hands-off approach when disciplining children, refraining from physical intervention with the child unless absolutely necessary to safeguard all children."
Evidence:
1. Interviews on 12/06/23 and 12/11/23 with staff #2 and staff #1 revealed that staff #1 hit child #1, age two years, on the back out of frustration because child #1 would not put their shoes on. When staff #1 hit child #1, child #1 fell out of their chair and hit their head on the table.
2. Interview with staff #3 on 12/15/23 revealed that on 11/28/23 staff #1 was observed hitting a child on the hand and yelling "stop!" while in the lunch room.
2. The centers policy titled "Behavior Guidance Policy Agreement", signed by staff #1 on 10/30/23, states "teachers are prohibited from using harsh and cruel treatment involving physical punishment, including but not limited to spanking, restraining movement, shaking/rough handling, ..all faculty/staff must assume a hands-off approach when disciplining children, refraining from physical intervention with the child unless absolutely necessary to safeguard all children."
Plan of Correction: The policy further states and requires that all employees affirm their understanding of the Behavior Guidance Policy and that should they violate said policy, they will face disciplinary action which might include termination of employment. In the case of this self-reported incident, the employee was terminated for violation of company policies.
Standard 8VAC20-780-400-B
Based on interviews, and review of written statements, the center failed to ensure that behavioral guidance shall be constructive in nature, age and stage appropriate, and shall be intended to redirect children to appropriate behavior and resolve conflicts.
Evidence:
1. Review of written statement from staff #2 dated 11/28/23, and interview with staff #2 on 12/6/23, revealed staff #1 was observed intentionally hitting child #1, age 2 years, in the back which caused child #1 to fall out of a chair and hit their head on the table. Child #1 began crying and had a raised red mark on their forehead.
2. During interview on 12/11/23, staff #1 acknowledged that they hit child #1 on the back causing child #1 to fall out of the chair and hit their head on the table.
3. Interview with staff #3 on 12/15/23 revealed that on 11/28/23 staff #1 was observed hitting a child on the hand and yelling "stop!" while in the lunch room.
4. Coaching form for staff #1 dated 11/13/23 revealed that staff #1 had been observed telling the children "no" often and was heard from the office yelling at the children. The coaching form also stated that staff #1 was observed grabbing a child by the arm and putting them in a chair as well as grabbing a toy out of a child's hand with enough force that the child "wobbled."
Evidence:
1. Review of written statement from staff #2 dated 11/28/23, and interview with staff #2 on 12/6/23, revealed staff #1 was observed intentionally hitting child #1, age 2 years, in the back which caused child #1 to fall out of a chair and hit their head on the table. Child #1 began crying and had a raised red mark on their forehead.
2. During interview on 12/11/23, staff #1 acknowledged that they hit child #1 on the back causing child #1 to fall out of the chair and hit their head on the table.
3. Interview with staff #3 on 12/15/23 revealed that on 11/28/23 staff #1 was observed hitting a child on the hand and yelling "stop!" while in the lunch room.
4. Coaching form for staff #1 dated 11/13/23 revealed that staff #1 had been observed telling the children "no" often and was heard from the office yelling at the children. The coaching form also stated that staff #1 was observed grabbing a child by the arm and putting them in a chair as well as grabbing a toy out of a child's hand with enough force that the child "wobbled."
Plan of Correction: It is our long standing practice to require any staff member who witnesses an inappropriate exchange or interaction to report this concern to an administrative team member immediately. When this incident occurred, a concern was reported. The administrative team took immediate action to investigate the incident. This internal investigation resulted in the termination of employment for the employee about whom the concern was voiced. This occurred the same day as the incident. While Staff #1 initially denied that they had engaged in any concerning behavior, the statements from witnesses created enough concern that we chose to terminate employment the same day of the incident.
We stive to ensure that all of staff receive proper training and coaching in response to a child?s behavior and needs. Whenever a staff member is not acting consistently with our policies, standards, and procedures, we coach any such employee as needed in their particular circumstances. This was the case with the employee involved in this incident. The coaching noted in the licensing report is correct and the staff member was also offered modeling scenarios by our administrative team to show what more appropriate responses looked and sounded like. At that time, the employee responded positively.
We will continue to coach any employee as needed during the course of their employment, document this coaching, recommend additional training and guidance if needed, and create an appropriate follow up action plan. Should we find that the employee will not adhere to our policies, we will terminate them for cause as is outlined in our Employee Handbook and/or any relevant policy statements, or our formal training programs.
We stive to ensure that all of staff receive proper training and coaching in response to a child?s behavior and needs. Whenever a staff member is not acting consistently with our policies, standards, and procedures, we coach any such employee as needed in their particular circumstances. This was the case with the employee involved in this incident. The coaching noted in the licensing report is correct and the staff member was also offered modeling scenarios by our administrative team to show what more appropriate responses looked and sounded like. At that time, the employee responded positively.
We will continue to coach any employee as needed during the course of their employment, document this coaching, recommend additional training and guidance if needed, and create an appropriate follow up action plan. Should we find that the employee will not adhere to our policies, we will terminate them for cause as is outlined in our Employee Handbook and/or any relevant policy statements, or our formal training programs.
Standard 8VAC20-780-410-1
Based on interviews, the center failed to ensure that physical punishment, striking a child, roughly handling or shaking a child, as punishment is not allowed.
Evidence:
1. Interview with staff #2 on 12/06/23 revealed that staff #1 was observed on 11/28/23 hitting child #1, age two years, on the back because child #1 would not put their shoes on. When staff #1 hit child #1 this caused them to fall out of the chair and hit their head on the table. Child #1 began crying and had a raised red mark on their forehead.
2. During an interview on 12/11/23 staff #1 acknowledged that they hit child #1 on the back out of frustration because child #1 would not put their shoes on.
Evidence:
1. Interview with staff #2 on 12/06/23 revealed that staff #1 was observed on 11/28/23 hitting child #1, age two years, on the back because child #1 would not put their shoes on. When staff #1 hit child #1 this caused them to fall out of the chair and hit their head on the table. Child #1 began crying and had a raised red mark on their forehead.
2. During an interview on 12/11/23 staff #1 acknowledged that they hit child #1 on the back out of frustration because child #1 would not put their shoes on.
Plan of Correction: Our school remains committed to the well-being of each student. Our behavior policy reflects the behavior management licensing standards, and, additionally, entails required reporting should the policy ever be broken. Staff member #2 and staff member #3 both reported their concerns as our internal Behavior Management Policy outlines. The school administration took action to collect data and make an immediate decision, which resulted in the termination of staff #1. Our administrators will continue to monitor compliance through quality assurance inspections and quick response to any reports of non-compliance to our Behavior Management Policy. Furthermore, we have completed additional behavior management training and communication training to create a continued school environment that focuses on positive behavior management and collaborative teamwork to ensure all policies and procedures are implemented and executed without fail.