Inspection · 2021-04-22
(540) 430-0384
Areas Reviewed
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 PHYSICAL PLANT.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.
22VAC40-185 SPECIAL SERVICES.
22VAC40-80 THE LICENSE.
22VAC40-191 Background Checks (22VAC40-191)
20 Access to minor?s records
32.1 Report by person other than physician
63.2 Child Abuse & Neglect
63.2(17) License & Registration Procedures
63.2 Facilities & Programs.
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.
The licensing inspector conducted an unannounced inspection by phone on 04/16/2021, in response to a self-reported incident that the Department received on 04/16/2021 regarding behavior guidance. Interviews with staff and a parent were completed on 04/22/2021. The inspector completed an additional interviews on 04/23/2021.
The preponderance of the evidence gathered during the investigation validates the self-reported incident of inappropriate behavioral guidance. Violations were cited regarding behavior guidance and center policies. See the violation notice for more details.
Please complete the ?plan of correction? and ?date to be corrected? for each violation listed on the violation notice and return it to me within 5 business days from receipt. 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 measures. Please do not use staff names; list staff by positions only.
If you have any questions about this inspection, please contact the licensing inspector at (804) 662-9038.
Violations
2Evidence:
The center's policies and procedures regarding behavior guidance were not followed for about 5-10 days in April of 2021 when Teacher A and Teacher B used an inappropriate behavior guidance strategy by making children wear oversized bright colored shirts and pointy hats when they broke a classroom rule. One of the parents whose child was subject to the behavior guidance strategy stated that their child had a negative and bad experience when made to wear an oversized green shirt because the child broke a classroom rule. Both teachers reported that some children would cry when subject to the strategy. The center?s policies and procedures for unacceptable child guidance states, "Certain discipline methods are simply not acceptable at KCE, including: Isolation or separation as punishment, including ?time outs? and Emotional abuse including humiliation". The center?s policies and procedures listed in the Behavior Guidance Plan For Parents states, ?Our policy does not permit the use of the following forms of discipline: Emotional punishment, including ridicule, embarrassment, or humiliation.? These policies and procedures were not followed during the above described incidents.
1. On 4/16/2021, the center's representative revealed to the inspector that two teachers (Teacher A and Teacher B) made children wear a bright shirt and pointy hat when they broke classroom rules. Two children reported this to their parents and expressed that some children would cry.
2. The parent of an enrolled child stated that their child reported, ?if you are bad in school they put you in a shame shirt.? The child also reported to their parent that some children would cry when made to wear the shirt or hat.
3. The parent of another enrolled child stated that their child did not like wearing a green shirt and the child associates it with being made fun of.
4. On 4/22/2021, Teacher A revealed that the shirts and hats were used for about two weeks throughout the day. Teacher A also stated that the shirts and hats were used to point out if some children and teachers made a mistake. If a child made a mistake for a third time they would get a hat, shirt or go for a walk. When asked about the other children?s reaction to their classmates wearing a shirt or hat, Teacher A stated the following, ?Some of the kids would laugh and I told them that if they laughed they would have to put a hat or shirt on.?
5. On 4/22/2021, Teacher B revealed that they did not like how the shirts and hats were being used. Teacher B initially told center management and then tried to not participate but admits to using the strategy twice before trying to ?reframe? the use of the shirts and hats into something positive. Teacher A stated that some of the children did not like it and ?yes? some children cried and took it off within a minute.
5. The behavior guidance strategy used by Teacher A and Teacher B were not constructive in nature, age and stage appropriate or intended to redirect children to appropriate behavior and resolve conflicts.