Inspection · 2021-05-03
Date
2021-05-03
Complaint Related
No
Licensing Inspector
Arlene Agustin
(804) 629-7519
(804) 629-7519
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 PROGRAMS.
63.2(17) License & Registration Procedures
Inspector Notes
This inspection was conducted by licensing staff using an alternate remote protocol, necessary due to a state of emergency health pandemic declared by the Governor of Virginia.
An inspection was initiated on 5/3/2021 and concluded on 6/16/2021. A subsidy self-reported incident was received by the department regarding an allegation in the area of behavior management. The director was contacted by telephone to conduct the investigation. The inspector emailed the director a list of documentation required to complete the investigation.
The evidence gathered during the investigation supported the self-report of non-compliance with child day center standards and a violation was issued. Violations not related to the self-report but identified during the course of the investigation can be found on the violation notice.
Violations
3Standard 22VAC40-185-200-A
Based upon staff interview, the facility has not had a qualified program director or a qualified back-up program director who meets one of the director qualifications regularly on site at least 50% of the facility's hours of operation.
Evidence:
1. Seven of eight staff interviewed indicated that prior to 5/3/2021, staff 15, the facility's program director, was not regularly on site at least 50% of the facility's hours of operation. Statements made included: "(Staff 15) would pop in but never stayed.", "(staff 15) does not come in the building at all.", "In 2 1/2 months I saw (staff 15) three times briefly.", "(staff 15) is never there or arrives around 5:00 PM.", "I went almost a whole year without seeing (staff 15)."
2. Review of staff records for staff 11 and staff 14, who were identified as the designated persons in charge in the absence of staff 15, revealed that neither staff 11 or staff 14 possess the required qualifications of program director.
Evidence:
1. Seven of eight staff interviewed indicated that prior to 5/3/2021, staff 15, the facility's program director, was not regularly on site at least 50% of the facility's hours of operation. Statements made included: "(Staff 15) would pop in but never stayed.", "(staff 15) does not come in the building at all.", "In 2 1/2 months I saw (staff 15) three times briefly.", "(staff 15) is never there or arrives around 5:00 PM.", "I went almost a whole year without seeing (staff 15)."
2. Review of staff records for staff 11 and staff 14, who were identified as the designated persons in charge in the absence of staff 15, revealed that neither staff 11 or staff 14 possess the required qualifications of program director.
Plan of Correction: The Director will ensure 50% presence or 50% presence of back up with Director qualifications, with thorough review of the standards, the requirement of providing transcripts prior to offering positions to ensure backup qualifications, as well as seeking assistance from licensure to verify qualifications.
Standard 22VAC40-185-410-1
Based upon staff interview and documentation, the facility has not ensured that forbidden action is not used in response to a child's inappropriate behavior.
Evidence:
1. Interviews with witness staff revealed that on 4/30/2021, in response to child 1's unacceptable behavior (throwing his shoe at staff 5),
staff 5 threw the shoe over a half wall where child 1 was standing. The shoe hit child 1.
2. Documentation on an Accident Report of the 4/30/2021 incident provided by the facility, stated that following child 1's inappropriate behavior, the child ran from the classroom and stood along the half wall. His shoe fell from the teacher's hand, hitting him.
3. In interview, staff reported that staff 5 stated that she did not hit the child intentionally.
Evidence:
1. Interviews with witness staff revealed that on 4/30/2021, in response to child 1's unacceptable behavior (throwing his shoe at staff 5),
staff 5 threw the shoe over a half wall where child 1 was standing. The shoe hit child 1.
2. Documentation on an Accident Report of the 4/30/2021 incident provided by the facility, stated that following child 1's inappropriate behavior, the child ran from the classroom and stood along the half wall. His shoe fell from the teacher's hand, hitting him.
3. In interview, staff reported that staff 5 stated that she did not hit the child intentionally.
Plan of Correction: Children exhibiting physical aggression toward staff and other students will be immediately terminated from the program. The Director has compiled resources readily available to assist parents. Parents will be encouraged to find centers more equipped to deal with children who present broad behaviors. Staff have and will continue to be trained with the proper de-escalation procedures when caring for physically aggressive, out of control children. The staff member was correct not to leave the children unattended by trying to pass the child's belongings over the knee wall. However, staff have been trained and will continue to be trained to not hand belongings of children over the knee wall and to have someone come in the classroom to retrieve them.
Standard 22VAC40-185-70-A
Based upon review of ten staff records and staff interview, the facility has not ensured that each staff record includes written information to demonstrate that the individual possesses the orientation training required by the job position.
Evidence:
1. On 5/12/2021, the records provided for staff 1, 2, 3, 5, 9 and 10 did not include written information to document the required orientation training topics.
2. The program director verified on 5/12/2021 that written documentation demonstrating the required orientation training was not available in the records,
Evidence:
1. On 5/12/2021, the records provided for staff 1, 2, 3, 5, 9 and 10 did not include written information to document the required orientation training topics.
2. The program director verified on 5/12/2021 that written documentation demonstrating the required orientation training was not available in the records,
Plan of Correction: The Director and/or designee will ensure written documentation is physically placed in the staff records.