Inspection · 2021-07-28
Date
2021-07-28
Complaint Related
No
Licensing Inspector
Charles Perkins
(703) 309-3963
(703) 309-3963
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.
22VAC40-80 THE LICENSE.
22VAC40-80 THE LICENSING PROCESS.
22VAC40-191 Background Checks (22VAC40-191)
63.2 Child Abuse & Neglect
Inspector Notes
This inspection was conducted by licensing staff using an alternate remote protocol, including telephone contacts, documents review and interviews.
A monitoring inspection was initiated on 07/28/2021 and concluded on 08/06/2021 to investigate a self-reported incident received by the department involving the areas of behavior management and forbidden actions. The director was contacted by telephone to conduct the investigation. The inspector emailed the director a list of documentation required to complete the investigation. Interviews were conducted with staff, documents were reviewed and staff/child records were reviewed.
The evidence gathered during the investigation supported the self-report of non-compliance with standards or law and violations were issued. Areas of non-compliance are listed on the Violation Notice. If you have any questions, please contact the Licensing Inspector, Maria Robles at maria.robles@doe.virginia.gov
Violations
2Standard 22VAC40-185-400-A
Based on observation of the center's video recordings and documentation review, it was determined that staff failed to interact with the children to provide needed help and support and encourage independence and self-direction.
Evidence:
1) The center's video recording of 07/14/2021 of the Elephant's (4 year-olds) classroom showed the following:
At approximately 12:53 pm, Child #1 (4 years old) was moving around on their assigned sleeping cot. Child #1 crawled out of their cot and onto the floor. Staff #1 came out from behind a wooden piece of furniture, grabbed Child #1 by their forearms, picked them up off the floor by their forearms to move them approximately 5 feet back to the cot and placed them forcefully on their sleeping cot. The video recording showed that Staff #1 pushed Child #1's head down once, patted them down on his back, covered them with the blanket and then sat next to them while patting them.
3) The center's video recording of 07/16/2021 of the Elephant's (4 year-olds) classroom showed the children on their sleeping cots. Child #1 was standing, talking to Child #2 on the left side of the classroom's camera view and then ran back to their cot and laid down. The following then transpired:
At approximately 1:40 pm, Staff #1 walked to Child #1, who was laying down on the cot, held Child #1 by their arms and shook them while talking to them. Staff #1 then released Child #1 and pushed them by the shoulder to lay on their right side while talking to them. Staff #1 did this 3 times. Staff #1 then covered Child #1 with a blanket, said something to them and walked away. Child #1 covered their head with the blanket.
At approximately 1:41 pm, Staff #1 walked to the other side of the room to Child #2 (4 years old), who was sitting on the floor next to their cot and abruptly pushed them by their back to the side and then fixed the sheets on Child #2's cot. Staff #1 then turned, picked up Child #2 by his forearms and abruptly dragged them, approximately 3 feet, to the bathroom floor. Staff #1 was standing between the bathroom door and Child #2 while talking to them, for approximately 45 seconds. Staff #1 then pointed to Child #2's cot and Child #2 dragged himself out of the bathroom and laid on their cot.
At approximately 1:42 pm Staff #1 walked to Child #1 (4 years old), who was kneeling on the floor next to their cot. Staff #1 lifted Child #1 up by their left arm and pulled them to their cot. Staff #1 then pushed Child #1 by his arms to lay on their side, covered them with a blanket and walked away. After tending to another child, Staff #1 walked back to Child #1, whose legs were out of the cot, grabbed their legs abruptly, lifted Child #1 approximately 5 inches from the floor and moved them to the cot. Staff #1 then forcefully moved Child #1 into a laying position inside the cot, put the blanket on Child #1?s head and walked away.
4) A "Notice of Workplace Investigation" for Staff #1 dated 08/02/2021 and provided by the center states that "This investigation is being conducted due to complaints brought to your Director that you were engaging in behavior that was emotionally damaging, intimidating, and harmful to children in your class."
Evidence:
1) The center's video recording of 07/14/2021 of the Elephant's (4 year-olds) classroom showed the following:
At approximately 12:53 pm, Child #1 (4 years old) was moving around on their assigned sleeping cot. Child #1 crawled out of their cot and onto the floor. Staff #1 came out from behind a wooden piece of furniture, grabbed Child #1 by their forearms, picked them up off the floor by their forearms to move them approximately 5 feet back to the cot and placed them forcefully on their sleeping cot. The video recording showed that Staff #1 pushed Child #1's head down once, patted them down on his back, covered them with the blanket and then sat next to them while patting them.
3) The center's video recording of 07/16/2021 of the Elephant's (4 year-olds) classroom showed the children on their sleeping cots. Child #1 was standing, talking to Child #2 on the left side of the classroom's camera view and then ran back to their cot and laid down. The following then transpired:
At approximately 1:40 pm, Staff #1 walked to Child #1, who was laying down on the cot, held Child #1 by their arms and shook them while talking to them. Staff #1 then released Child #1 and pushed them by the shoulder to lay on their right side while talking to them. Staff #1 did this 3 times. Staff #1 then covered Child #1 with a blanket, said something to them and walked away. Child #1 covered their head with the blanket.
At approximately 1:41 pm, Staff #1 walked to the other side of the room to Child #2 (4 years old), who was sitting on the floor next to their cot and abruptly pushed them by their back to the side and then fixed the sheets on Child #2's cot. Staff #1 then turned, picked up Child #2 by his forearms and abruptly dragged them, approximately 3 feet, to the bathroom floor. Staff #1 was standing between the bathroom door and Child #2 while talking to them, for approximately 45 seconds. Staff #1 then pointed to Child #2's cot and Child #2 dragged himself out of the bathroom and laid on their cot.
At approximately 1:42 pm Staff #1 walked to Child #1 (4 years old), who was kneeling on the floor next to their cot. Staff #1 lifted Child #1 up by their left arm and pulled them to their cot. Staff #1 then pushed Child #1 by his arms to lay on their side, covered them with a blanket and walked away. After tending to another child, Staff #1 walked back to Child #1, whose legs were out of the cot, grabbed their legs abruptly, lifted Child #1 approximately 5 inches from the floor and moved them to the cot. Staff #1 then forcefully moved Child #1 into a laying position inside the cot, put the blanket on Child #1?s head and walked away.
4) A "Notice of Workplace Investigation" for Staff #1 dated 08/02/2021 and provided by the center states that "This investigation is being conducted due to complaints brought to your Director that you were engaging in behavior that was emotionally damaging, intimidating, and harmful to children in your class."
Plan of Correction: Employee was placed on Administrative Leave to ensure separation from children while investigation continued, and later resigned from the position. VDSS, NAEYC, and CPS were all notified of our concerns and corrective actions to ensure we managed the situation effectively. Neither NEYC nor CPS determined cause for further action. All current CDC staff were re-trained during August professional development week in managing challenging behaviors effectively and in support of children's emotional and physical wellbeing. Additionally, we discussed as a team how to restrure VDSS required rest time, to help ensure it meets the needs of all children.
Standard 22VAC40-185-410-1
Based on observation of the center's video recording and interview with staff, it was determined that staff engaged in forbidden actions such as roughly handling or shaking a child.
Evidence:
1) The center's video recordings of 07/14/2021 of the Elephant's (4 year-olds) classroom showed Staff #1 roughly handling a child:
At approximately 12:53 pm Child #1 (4 years old) was moving around on their assigned sleeping cot. Child #1 crawled out of their cot and on the floor, approximately 5 feet. Staff #1 walked to Child #1, grabbed them by their forearms, picked them up, carried them and placed them forcefully on their sleeping cot.
2) The center's video recording of 07/16/2021 of the Elephant's (4 year-olds) classroom showed Staff #1 shaking and roughly handling a child:
a- At approximately 1:40 pm, Staff #1 walked to Child #1, who was laying down on the cot, held them by his arms and shook them while talking to them. Staff #1 then released them and pushed them by his shoulder to lay on their right side while talking to them. Staff #1 pushed Child #1 three times.
b- At approximately 1:41 pm, Staff #1 walked to Child #2 (4 years old), who was sitting on the floor next to their cot and abruptly pushed them to the side and then fixed the sheets on Child #2's cot. Staff #1 then turned, picked up Child #2 by their forearms and abruptly dragged them, approximately 3 feet, to the bathroom floor where Child #2 sat for approximately 45 seconds while Staff #1 talked to them.
c- At approximately 1:42 pm Staff #1 walked to Child #1 (4 years old), who was kneeling on the floor next to their cot. Staff #1 lifted Child #1 up by their left arm, approximately 4 inches, and moved them to their cot. Then Staff #1 pushed Child #1 by their arms to lay on their side, covered them with a blanket and walked away. After tending to another child, Staff #1 walked back to Child #1, whose legs were out of the cot, grabbed their legs abruptly, lifted them approximately 5 inches from the floor and moved them to the cot. Staff #1 then forcefully moved Child #1 into a laying position inside the cot.
3) Staff #2 stated in an interview on 08/06/2021 that during a conversation the morning of 08/06/2021 with Staff #1:
a- Staff #1 acknowledged the actions shown on the center?s video recordings of 07/14/2021 and 07/16/2021.
b- Staff #1 stated that they were ?remorseful? and that their ?impatience got the best of? them.
c- Staff #1 stated that they were ?stressed out? and ?the job was very hard?.
Evidence:
1) The center's video recordings of 07/14/2021 of the Elephant's (4 year-olds) classroom showed Staff #1 roughly handling a child:
At approximately 12:53 pm Child #1 (4 years old) was moving around on their assigned sleeping cot. Child #1 crawled out of their cot and on the floor, approximately 5 feet. Staff #1 walked to Child #1, grabbed them by their forearms, picked them up, carried them and placed them forcefully on their sleeping cot.
2) The center's video recording of 07/16/2021 of the Elephant's (4 year-olds) classroom showed Staff #1 shaking and roughly handling a child:
a- At approximately 1:40 pm, Staff #1 walked to Child #1, who was laying down on the cot, held them by his arms and shook them while talking to them. Staff #1 then released them and pushed them by his shoulder to lay on their right side while talking to them. Staff #1 pushed Child #1 three times.
b- At approximately 1:41 pm, Staff #1 walked to Child #2 (4 years old), who was sitting on the floor next to their cot and abruptly pushed them to the side and then fixed the sheets on Child #2's cot. Staff #1 then turned, picked up Child #2 by their forearms and abruptly dragged them, approximately 3 feet, to the bathroom floor where Child #2 sat for approximately 45 seconds while Staff #1 talked to them.
c- At approximately 1:42 pm Staff #1 walked to Child #1 (4 years old), who was kneeling on the floor next to their cot. Staff #1 lifted Child #1 up by their left arm, approximately 4 inches, and moved them to their cot. Then Staff #1 pushed Child #1 by their arms to lay on their side, covered them with a blanket and walked away. After tending to another child, Staff #1 walked back to Child #1, whose legs were out of the cot, grabbed their legs abruptly, lifted them approximately 5 inches from the floor and moved them to the cot. Staff #1 then forcefully moved Child #1 into a laying position inside the cot.
3) Staff #2 stated in an interview on 08/06/2021 that during a conversation the morning of 08/06/2021 with Staff #1:
a- Staff #1 acknowledged the actions shown on the center?s video recordings of 07/14/2021 and 07/16/2021.
b- Staff #1 stated that they were ?remorseful? and that their ?impatience got the best of? them.
c- Staff #1 stated that they were ?stressed out? and ?the job was very hard?.
Plan of Correction: Center management reviewed surveillance video footage after an employee expressed concern on 7/15 and 7/16 about a teacher-child interaction involving her co-worker. The employee in question began scheduled leave on 7/17/21 ensuring the employee in question would not interact further with children during our investigation. Center management contacted University HR and supervisor to the CDC to review the situation. Parents of children involved were notified in person by the center director. Parents felt no reason to pursue further action and would continue with the program in the same classroom.