Inspection · 2024-05-29
Date
2024-05-29
Complaint Related
Yes
Licensing Inspector
Florence Martus
(804) 389-0157
(804) 389-0157
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 Staffing and Supervision.
8VAC20-780 Programs.
8VAC20-780 Special Care Provisions and Emergencies.
8VAC20-770 Background Checks
20 Access to minor?s records
22.1 Background Checks Code
32.1 Report by person other than physician
63.2 Child Abuse & Neglect
Inspector Notes
An unannounced complaint inspection was conducted on 05/29/2024 from 1:00pm to 3:50pm as the result of a complaint received in our office regarding forbidden actions, the care, protection and guidance of children, and the failure to report an incident that occurred in the infant room. During the investigation, interviews were conducted, and documentation was reviewed. Based on a preponderance of evidence, the complaint was determined to be valid. Violations were issued as the result of the investigation and can be viewed on the violation notice.
Please complete the columns for "Plan of Correction" and "Date to be Corrected" for each violation cited on the Violation Notice, and then return a signed and dated copy of each page to me via email by 5pm on 6/17/24. Please email me at angela.dudek@doe.virginia.gov with any questions.
Violations
5Standard 63.2-1509-A
Based on staff interview and documentation, the center and it?s staff failed to report a suspected incident of child abuse or neglect to Child Protective Services immediately as required.
Evidence:
1)In April 2024, Child #2 was flicked on the cheek by Staff #1. The Center and it?s staff did not immediately report the suspected abuse to Child Protective Services.
2)On 5/8/24 and 5/9/24, staff reported to management that Child #1 was struck on their hand by Staff #1. The Center and it?s staff did not immediately report the suspected abuse to Child Protective Services.
Evidence:
1)In April 2024, Child #2 was flicked on the cheek by Staff #1. The Center and it?s staff did not immediately report the suspected abuse to Child Protective Services.
2)On 5/8/24 and 5/9/24, staff reported to management that Child #1 was struck on their hand by Staff #1. The Center and it?s staff did not immediately report the suspected abuse to Child Protective Services.
Plan of Correction: Center staff retrained on how to properly communicate suspected child abuse or neglect. Center has a plan of action on what should be reported and how to report. Additionally, all staff will be retained on how to identify child abuse and neglect no later than 06/20/2024.
Standard 8VAC20-780-340-A
Based on interviews, the center and it?s staff failed to ensure the care, protection and guidance of all children in care.
Evidence:
The Center and it?s staff did not ensure the care, protection, and guidance of children in the infant room when the staff present failed to protect infants in their care after they observed Staff #1 become angry with the infants resulting in the use of physical punishment, yelling, and using inappropriate language with infants. Staff failed to take protective action when Staff #1 was repeatedly assigned to the infant classroom for an additional 7 days after the above referenced behavior was reported.
Evidence:
The Center and it?s staff did not ensure the care, protection, and guidance of children in the infant room when the staff present failed to protect infants in their care after they observed Staff #1 become angry with the infants resulting in the use of physical punishment, yelling, and using inappropriate language with infants. Staff failed to take protective action when Staff #1 was repeatedly assigned to the infant classroom for an additional 7 days after the above referenced behavior was reported.
Plan of Correction: Center staff retrained on positive behavior guidance, no later than 06/20/2024. Additionally, center management was retrained on how to appropriately report situations regarding the safety of children. Teachers will also be retrained on how to properly report suspected child abuse or neglect no later than 06/20/2024. Staff #1 has been terminated from employment with KinderCare.
Standard 8VAC20-780-400-B
Based on staff interviews, the Center failed to use behavioral guidance that was constructive in nature, age and stage appropriate, or intended to redirect a child to appropriate behavior and resolve conflicts.
Evidence:
1)Staff stated that in April and May of 2024 while Staff #1 is in the infant room with infants up to age 16 months, they have been heard cursing at the children in their care.
2)Staff stated that in April and May of 2024 while Staff #1 is working in the infant room, they become frustrated with the children and have been observed yelling at children and telling them to ?Shut up!?, ?Go away!?, ?What is your problem? and ?What is wrong with you??
Evidence:
1)Staff stated that in April and May of 2024 while Staff #1 is in the infant room with infants up to age 16 months, they have been heard cursing at the children in their care.
2)Staff stated that in April and May of 2024 while Staff #1 is working in the infant room, they become frustrated with the children and have been observed yelling at children and telling them to ?Shut up!?, ?Go away!?, ?What is your problem? and ?What is wrong with you??
Plan of Correction: Center Staff retrained on positive child guidance no later than 06/20/2024. Staff retrained on developmentally appropriate practices based on age and ways to support children that are developmentally appropriate. All teachers will conclude this training no later than 06/20/2024. Center management will increase classroom observations in all classrooms to support teachers through how to handle unwanted behaviors. Staff #1 has been terminated from employment with KinderCare.
Standard 8VAC20-780-410-1
Based on staff interviews, the center failed to ensure that the forbidden action of physical punishment and striking a child did not occur.
Evidence:
1)In April 2024, staff stated that they were in the infant room and Child #2 (age 13 months) was crying. Staff #1 became irritated by Child #2?s crying and flicked the child on the cheek leaving a red mark.
2)Upon interview with staff at the center, it was reported that on 5/8/2024, Child #1 (age 16 months) was moving a crib around in the infant classroom. Staff #1 became frustrated with the child and grabbed their arm, pulled them away, and struck their hand. The child began crying and staff stated the child?s hand was red after the interaction.
3)On 5/9/2024 in the infant classroom, Child #1 sitting on the floor with other children playing with a basket of toys. Child #1 took the toy basket from another child and Staff #1 struck Child #1 on the hand. The child cried and staff stated the child?s hand was red.
4)Staff in the infant room stated that they had witnessed a child in the infant room roughly handled by Staff #1 when Staff #1 became agitated and grabbed a child?s arm and yanked it.
Evidence:
1)In April 2024, staff stated that they were in the infant room and Child #2 (age 13 months) was crying. Staff #1 became irritated by Child #2?s crying and flicked the child on the cheek leaving a red mark.
2)Upon interview with staff at the center, it was reported that on 5/8/2024, Child #1 (age 16 months) was moving a crib around in the infant classroom. Staff #1 became frustrated with the child and grabbed their arm, pulled them away, and struck their hand. The child began crying and staff stated the child?s hand was red after the interaction.
3)On 5/9/2024 in the infant classroom, Child #1 sitting on the floor with other children playing with a basket of toys. Child #1 took the toy basket from another child and Staff #1 struck Child #1 on the hand. The child cried and staff stated the child?s hand was red.
4)Staff in the infant room stated that they had witnessed a child in the infant room roughly handled by Staff #1 when Staff #1 became agitated and grabbed a child?s arm and yanked it.
Plan of Correction: Center staff retrained, no later than 06/20/2024, on positive behavior guidance and positive behavior support practices. Center management will increase classroom observations in all classrooms to support teachers through how to handle behaviors.
Staff #1 has been terminated from employment with KinderCare.
Staff #1 has been terminated from employment with KinderCare.
Standard 8VAC20-780-550-O
Based on interview and review of documentation, the center failed to notify the parent by the end of the day of any known minor injuries.
Evidence:
1)The Center and it?s staff stated that they did not notify the parent of Child #1 after their hand was slapped on May 8 and May 9. Staff stated that the child?s hand was red where it had been slapped.
2)The Center and it?s staff stated that they did not notify the parent of Child #2 after their cheek was flicked in April 2024. Staff stated that the child?s cheek was red where they had been flicked.
Evidence:
1)The Center and it?s staff stated that they did not notify the parent of Child #1 after their hand was slapped on May 8 and May 9. Staff stated that the child?s hand was red where it had been slapped.
2)The Center and it?s staff stated that they did not notify the parent of Child #2 after their cheek was flicked in April 2024. Staff stated that the child?s cheek was red where they had been flicked.
Plan of Correction: Center staff will review incident/accident reporting guidelines, which includes same day notification, no later than 06/20/2024.