Inspection · 2019-06-13
Date
2019-06-13
Complaint Related
Yes
Licensing Inspector
Kelly Lindsay
(540) 309-2494
(540) 309-2494
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 PHYSICAL PLANT.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.
63.2(17) License & Registration Procedures
Inspector Notes
An unannounced complaint inspection was conducted on 01/29/2020 from 10:08 am to 11:02 am in conjunction with a local agency in response to a complaint received by the Valley Licensing Office on 01/28/2020, additional interviews were conducted on 01/31/2020, 02/06/2020, 02/21/2020, 02/25/2020, 03/12/2020, and 03/16/2020. Ten interviews were conducted with the staff, former staff, owners, and parents, one child record, five staff records, video footage, policies and procedures, handbooks, and injury reports were reviewed. The information gathered during the investigation does support the allegation, so the complaint is determined to be "valid." The exceptions to compliance are noted on the violation notice.
Please complete the plan of correction and date to be corrected sections for each violation cited on the violation notice and return it to me within 5 business days from today. Please specify how the deficient 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 preventive measure(s).
If you have any questions or concerns contact the licensing Inspector at 540-847-9173, for further assistance.
Violations
8Standard 22VAC40-185-270-A
Based on review of video footage and interviews, center equipment was not maintained in a safe and operable condition.
Evidence:
1. Staff reported that the chair used to deter Child #1 from biting had broken buckles and could only be buckled on one side.
2. Video footage showed Child #1 standing up dragging the chair while buckled on one leg.
Evidence:
1. Staff reported that the chair used to deter Child #1 from biting had broken buckles and could only be buckled on one side.
2. Video footage showed Child #1 standing up dragging the chair while buckled on one leg.
Plan of Correction: Equipment was removed from the center and all other equipment was checked for safety.
Standard 22VAC40-185-340-A
Based on review of video footage dated 01/17/2020-01/18/2020 and staff interviews, the center failed to ensure the care, protection, and guidance of each child in care.
Evidence:
1. A child smacked Child #1 in the face while Child #1 was restricted in the chair. Time stamp 22:39 (01/17/2020).
2. Child #1 tried to bend over while restricted in the chair to pick up a toy off the floor. Time stamp 20:40 (01/17/2020).
3. Staff #2 moved Child #1 to group time while he was buckled in the chair. Time stamp 21:49 (01/17/2020).
4. Child #1 scooted his chair across the floor while buckled in the chair. Time stamps 20:09; 20:39; 21:43; 22:38 (01/17/2020).
5. Staff #2 pushed Child #1 back to the table while bucked in the chair and tossed a book on the table at him. Time stamp 21:32 (01/17/2020).
6. On 01/17/2020, Child #1 was buckled in the chair the first time for approximately 57 minutes, a second time for approximately 41 minutes, a third time for approximately 16 minutes, and a fourth time for approximately 30 minutes. On 01/18/2020, Child #1 was buckled in the chair once for approximately 52 minutes.
Evidence:
1. A child smacked Child #1 in the face while Child #1 was restricted in the chair. Time stamp 22:39 (01/17/2020).
2. Child #1 tried to bend over while restricted in the chair to pick up a toy off the floor. Time stamp 20:40 (01/17/2020).
3. Staff #2 moved Child #1 to group time while he was buckled in the chair. Time stamp 21:49 (01/17/2020).
4. Child #1 scooted his chair across the floor while buckled in the chair. Time stamps 20:09; 20:39; 21:43; 22:38 (01/17/2020).
5. Staff #2 pushed Child #1 back to the table while bucked in the chair and tossed a book on the table at him. Time stamp 21:32 (01/17/2020).
6. On 01/17/2020, Child #1 was buckled in the chair the first time for approximately 57 minutes, a second time for approximately 41 minutes, a third time for approximately 16 minutes, and a fourth time for approximately 30 minutes. On 01/18/2020, Child #1 was buckled in the chair once for approximately 52 minutes.
Plan of Correction: Review and monitoring of camera's by management was increased significantly.
Presence of management in classroom's was increased for monitoring.
Staff training on center policies was reviewed with employees.
Presence of management in classroom's was increased for monitoring.
Staff training on center policies was reviewed with employees.
Standard 22VAC40-185-40-E
Based on review of policies and procedures, the licensee did not ensure operational responsibilities that the center's activities and services are maintained in compliance with the center's own policies and procedures required by these standards.
Evidence:
1. In the discipline policy it states "Here at SVCDC we do not: Use any strategy that threatens, intimidates, or forces a child."
2. On 01/17/2020 and 01/18/2020, Child #1 was buckled in a chair on five separate occasions for the following durations: 57 minutes, 41 minutes, 16 minutes, 30 minutes, and 52 minutes.
3. Staff reported the Child #1 was buckled in the chair to prevent the child from biting.
Evidence:
1. In the discipline policy it states "Here at SVCDC we do not: Use any strategy that threatens, intimidates, or forces a child."
2. On 01/17/2020 and 01/18/2020, Child #1 was buckled in a chair on five separate occasions for the following durations: 57 minutes, 41 minutes, 16 minutes, 30 minutes, and 52 minutes.
3. Staff reported the Child #1 was buckled in the chair to prevent the child from biting.
Plan of Correction: Staff involved were immediately terminated upon learning of the incidences and the director is no longer employed here.
Center policies were reviewed and the importance of following them were stressed.
Center policies were reviewed and the importance of following them were stressed.
Standard 22VAC40-185-400-A
Based on review of video footage dated 01/17/2020-01/18/2020 and staff interviews, the center failed to ensure staff interacted with children in order to promote the child's physical, emotional, and social well-being and provide needed help, comfort, and support.
Evidence:
1. Center staff reported use of a buckled chair to deter Child #1 from biting. Child #1 was buckled in a chair for a combined total of approximately two (2) hours and 24 minutes on 01/17/2020 and approximately 52 minutes on 01/18/2020.
2. Two staff had their backs turned to Child #1 while the child was buckled in a chair. Child #1 stands up while buckled in a chair and begins dragging the chair across the floor while buckled on one leg. Time stamp 20:09 (01/17/2020). Staff reported that the chair had broken buckles and only one side of the chair could be buckled.
3. A staff member pushed Child #1 to the table while still buckled in the chair. Time stamp 20:12 (01/17/2020).
4. Child #1 dragged the chair across the classroom and bent over while buckled in the chair to pick up toys on the floor. Child #1 was waving hands in the air. Time stamp 20:40 (01/17/2020). Child #1 was unbuckled and released from the chair by staff at approximately 20:48.
5. While Child #1 was buckled in the chair, a child slapped Child #1 on the face and walks off. Time stamp 22:39 (01/17/2020).
Evidence:
1. Center staff reported use of a buckled chair to deter Child #1 from biting. Child #1 was buckled in a chair for a combined total of approximately two (2) hours and 24 minutes on 01/17/2020 and approximately 52 minutes on 01/18/2020.
2. Two staff had their backs turned to Child #1 while the child was buckled in a chair. Child #1 stands up while buckled in a chair and begins dragging the chair across the floor while buckled on one leg. Time stamp 20:09 (01/17/2020). Staff reported that the chair had broken buckles and only one side of the chair could be buckled.
3. A staff member pushed Child #1 to the table while still buckled in the chair. Time stamp 20:12 (01/17/2020).
4. Child #1 dragged the chair across the classroom and bent over while buckled in the chair to pick up toys on the floor. Child #1 was waving hands in the air. Time stamp 20:40 (01/17/2020). Child #1 was unbuckled and released from the chair by staff at approximately 20:48.
5. While Child #1 was buckled in the chair, a child slapped Child #1 on the face and walks off. Time stamp 22:39 (01/17/2020).
Plan of Correction: In house extensive training was given to staff.
Training on re-direction for children and appropriate behavior management techniques were given.
Reiterated the importance of sight and sound with the children at all times.
Training on re-direction for children and appropriate behavior management techniques were given.
Reiterated the importance of sight and sound with the children at all times.
Standard 22VAC40-185-400-B
Based on review of video footage dated 01/17/2020-01/18/2020 and staff interviews, the center failed to ensure that behavioral guidance be constructive in nature, age, and stage appropriate, and intended to redirect children to appropriate behavior and resolve conflicts.
Evidence:
1. Staff reported that Child #1 would bite or attempt to bite others due to difficulty expressing himself. Child #1 was buckled into a chair to manage biting behavior.
2. Staff #1 buckled Child #1 into a chair a time stamp 19:51 (01/17/2020). Staff #2 unbuckled Child #1 at 20:48 (01/17/2020) after a total of approximately 57 minutes buckled.
3. Staff #2 buckled Child #1 into a chair at time stamp 21:32 (01/17/2020). Staff #2 unbuckled Child #1 at time stamp 22:13 (01/17/2020) after a total of approximately 41 minutes buckled.
4. Staff #1 buckled Child #1 into a chair at time stamp 22:32 (01/17/2020). Staff #2 unbuckled Child #1 at time stamp 22:48 (01/17/2020) after a total of approximately 16 minutes buckled.
5. Staff #1 buckled Child #1 into a chair at time stamp 23:03 (01/17/2020). A staff member unbuckled Child #1, at naptime, at time stamp 23:33 (01/17/2020) after a total of approximately 30 minutes buckled.
6. Staff #1 buckled Child #1 into a chair at time stamp 2:40 (01/18/2020). Staff #1 unbuckled Child #1 at time stamp 3:32 (01/18/2020) for a total of approximately 52 minutes buckled.
Evidence:
1. Staff reported that Child #1 would bite or attempt to bite others due to difficulty expressing himself. Child #1 was buckled into a chair to manage biting behavior.
2. Staff #1 buckled Child #1 into a chair a time stamp 19:51 (01/17/2020). Staff #2 unbuckled Child #1 at 20:48 (01/17/2020) after a total of approximately 57 minutes buckled.
3. Staff #2 buckled Child #1 into a chair at time stamp 21:32 (01/17/2020). Staff #2 unbuckled Child #1 at time stamp 22:13 (01/17/2020) after a total of approximately 41 minutes buckled.
4. Staff #1 buckled Child #1 into a chair at time stamp 22:32 (01/17/2020). Staff #2 unbuckled Child #1 at time stamp 22:48 (01/17/2020) after a total of approximately 16 minutes buckled.
5. Staff #1 buckled Child #1 into a chair at time stamp 23:03 (01/17/2020). A staff member unbuckled Child #1, at naptime, at time stamp 23:33 (01/17/2020) after a total of approximately 30 minutes buckled.
6. Staff #1 buckled Child #1 into a chair at time stamp 2:40 (01/18/2020). Staff #1 unbuckled Child #1 at time stamp 3:32 (01/18/2020) for a total of approximately 52 minutes buckled.
Plan of Correction: Same as above.
Chairs with buckles have been removed from the center.
IMPRESSED TO STAFF WE DO NOT USE TIME OUT @ SVCDC- BITING IS NOT A PUNISHABLE EVENT- BUT REDIRECTION AND SUPERVISION SHOULD BE UTILIZED.
Chairs with buckles have been removed from the center.
IMPRESSED TO STAFF WE DO NOT USE TIME OUT @ SVCDC- BITING IS NOT A PUNISHABLE EVENT- BUT REDIRECTION AND SUPERVISION SHOULD BE UTILIZED.
Standard 22VAC40-185-410-1
Based on review of video footage dated 01/17/2020-01/18/2020 and staff interviews, the center failed to ensure forbidden actions were not used by staff, specifically restricting movement through binding and forcing a child to assume an uncomfortable position.
Evidence:
1. On 01/17/2020, Child #1 was buckled into a chair on four separate occasions totaling approximately two (2) hours and 24 minutes.
2. On 01/18/2020, Child #1 was buckled into a chair once for approximately 53 minutes.
3. During these periods, video footage showed the child dragging the chair while buckled on one leg, moving the chair across the floor while buckled, standing and walking while buckled in the chair, and bending forward to pick up toys on the floor while in the chair buckled.
Evidence:
1. On 01/17/2020, Child #1 was buckled into a chair on four separate occasions totaling approximately two (2) hours and 24 minutes.
2. On 01/18/2020, Child #1 was buckled into a chair once for approximately 53 minutes.
3. During these periods, video footage showed the child dragging the chair while buckled on one leg, moving the chair across the floor while buckled, standing and walking while buckled in the chair, and bending forward to pick up toys on the floor while in the chair buckled.
Plan of Correction: Additional training was given to staff about not restraining children for any reason.
Standard 22VAC40-185-500-A
Based on review of video footage on 01/17/2020, staff failed to ensure handwashing before and after meals.
Evidence:
1. Children did not wash, before or after eating lunch. Viewed at time stamp 23:09 (01/17/2020).
Evidence:
1. Children did not wash, before or after eating lunch. Viewed at time stamp 23:09 (01/17/2020).
Plan of Correction: Additional training and emphasis of handwashing importance was given to staff.
Standard 63.2(17)-1720.1-B-2
Based on review of staff records and verification from staff, the center did not ensure a staff member had a fingerprint-based background check within required timeframe prior to first day of employment.
Evidence:
1. Staff #4's file contained a fingerprint background check that was over ninety days old from date of hire. Date of hire for Staff #4 was 02/10/2020.
2. Staff #4 was present and working at the center as a lead teacher on 02/25/2020.
3. Administration verified the date of hire for Staff #4 as 02/10/2020 and confirmed that the fingerprint background check had been completed on 06/13/2019 but not hired until 02/10/2020.
Evidence:
1. Staff #4's file contained a fingerprint background check that was over ninety days old from date of hire. Date of hire for Staff #4 was 02/10/2020.
2. Staff #4 was present and working at the center as a lead teacher on 02/25/2020.
3. Administration verified the date of hire for Staff #4 as 02/10/2020 and confirmed that the fingerprint background check had been completed on 06/13/2019 but not hired until 02/10/2020.
Plan of Correction: THIS EMPLOYER HAD ONE 6 MONTHS PRIOR TO EMPLOYMENT AND DIDN'T START WHEN EXPECTED. WE WERE NOT AWARE OF THE 90 DAY THRESHOLD.