Inspection · 2022-11-22
Date
2022-11-22
Complaint Related
No
Licensing Inspector
Heather Harrell
(757) 334-4329
(757) 334-4329
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 Programs
63.2 Child Abuse & Neglect
Inspector Notes
An investigation was initiated on 11/18/22 in response to a self-reported incident received by the department regarding a staff and child interaction. The incident was investigated jointly with the local agency. An on-site inspection was conducted on 11/22/22 and interviews with staff were conducted. Additional interviews with collaterals were conducted by telephone and in person at the local agency. Documentation and records related to the incident were also reviewed. Based on the information gathered during the investigation, the self-reported incident is determined to be valid. Violations in the areas administration and programs are cited on the violation notice and were discussed with center management at the conclusion of the investigation.
Violations
2Standard 8VAC20-780-40-E
Based on interviews and a review of the center?s policies, the center failed to ensure that the operational responsibilities of the licensee shall ensure that the center?s services are maintained in compliance with the center?s own policies and procedures that are required by these standards.
Evidence:
The center failed to follow their written policy for Guidance, Protection of and Respect for Children as demonstrated by the following incidents:
1. The center?s policy for unacceptable child guidance states ?Employees must adhere to all applicable state and local laws governing child guidance or discipline. Employees are required to use positive guidance techniques and to refrain from any unacceptable measures when caring for children on behalf of the Company?Any kind of physical discipline or corporal punishment, including but not limited to hitting, pinching, pushing, biting or grabbing a child is unacceptable?.
a. It was reported that on 11/18/22, child 1 was ?slapped? on his face by staff 1, resulting in a red mark in the shape of a handprint to his left cheek.
b. Center management confirmed that staff 1 did not follow the center?s policy on unacceptable child guidance.
2. The center?s policy for requirement to report states ?All employees are expected to protect children by observing each other and their surroundings and reporting any concerning actions or unsafe conditions. Any time an employee feels uncomfortable about a situation or the behavior of another employee, a manager must be notified. If an employee is not comfortable reporting concerns to their manager, they should call the Employee Hotline. In addition to adhering to Company policies, all employees in a child care environment are mandated reporters by law. Each employee is legally required to report suspicions of child abuse or neglect to the appropriate regulatory agency. Employees are expected to monitor their own behavior and the behavior of others and must report any suspicion of abuse, including physical discipline, corporal treatment, inadequate supervision, verbal or emotional abuse, sexual misconduct, or acts of child endangerment?.
a. Multiple staff reported witnessing past incidents of staff 1 utilizing unacceptable child guidance techniques in the classroom, such as dragging, throwing, pulling and yelling at children in the classroom or having concerns regarding staff 1?s behavior in the classroom and not reporting the incidents or concerns to center management or the appropriate regulatory agency.
b. Center management confirmed that center staff did not follow the center?s policy for reporting suspected incidents of physical discipline or corporal punishment in the classroom.
Evidence:
The center failed to follow their written policy for Guidance, Protection of and Respect for Children as demonstrated by the following incidents:
1. The center?s policy for unacceptable child guidance states ?Employees must adhere to all applicable state and local laws governing child guidance or discipline. Employees are required to use positive guidance techniques and to refrain from any unacceptable measures when caring for children on behalf of the Company?Any kind of physical discipline or corporal punishment, including but not limited to hitting, pinching, pushing, biting or grabbing a child is unacceptable?.
a. It was reported that on 11/18/22, child 1 was ?slapped? on his face by staff 1, resulting in a red mark in the shape of a handprint to his left cheek.
b. Center management confirmed that staff 1 did not follow the center?s policy on unacceptable child guidance.
2. The center?s policy for requirement to report states ?All employees are expected to protect children by observing each other and their surroundings and reporting any concerning actions or unsafe conditions. Any time an employee feels uncomfortable about a situation or the behavior of another employee, a manager must be notified. If an employee is not comfortable reporting concerns to their manager, they should call the Employee Hotline. In addition to adhering to Company policies, all employees in a child care environment are mandated reporters by law. Each employee is legally required to report suspicions of child abuse or neglect to the appropriate regulatory agency. Employees are expected to monitor their own behavior and the behavior of others and must report any suspicion of abuse, including physical discipline, corporal treatment, inadequate supervision, verbal or emotional abuse, sexual misconduct, or acts of child endangerment?.
a. Multiple staff reported witnessing past incidents of staff 1 utilizing unacceptable child guidance techniques in the classroom, such as dragging, throwing, pulling and yelling at children in the classroom or having concerns regarding staff 1?s behavior in the classroom and not reporting the incidents or concerns to center management or the appropriate regulatory agency.
b. Center management confirmed that center staff did not follow the center?s policy for reporting suspected incidents of physical discipline or corporal punishment in the classroom.
Plan of Correction: The center responded with the following: All staff members will be attending a mandatory meeting on 1/18/2023 to receive retraining on their responsibilities as mandated reporters as well as positive guidance in the classroom training. We will ensure that each staff member in our center understands the important role they play as mandated reporters as well as what positive interactions in the classroom should look like and utilize the meeting as an open forum to ensure all teachers feel confident in their classrooms moving forward. All training will be documented, and the purpose of the meeting is to ensure that not only the training is received but, that all staff members are able to effectively advocate for the safety of each child in our care. Once this training is completed, weekly observations will be incorporated into the center using KinderCare?s Standards of Excellence of Teaching guidelines to assess opportunities for improvement and ensure our center continues to prioritize quality improvement in all classrooms.
Standard 8VAC20-780-410-1
Based on interviews and a review of center documentation, it was determined the center failed to ensure that physical punishment, striking a child, roughly handling or shaking a child is forbidden.
Evidence:
1. The center self-reported that on 11/18/22 child 1 (age 21 months) was ?slapped? on the left side of his face by staff 1, resulting in a mark to the child?s face.
2. Staff 2 stated she was working in the toddler room on the morning of 11/18/22 when she heard a ?loud smack? and a scream coming from the changing table, where staff 1 was changing child 1?s diaper. Staff 2 stated when she looked up, she observed a red mark that looked like a handprint on child 1?s left cheek and that he was crying. Staff 2 stated staff 1 was leaning over child 1 at the changing table and was holding his face.
3. Staff 3 stated that on the morning of 11/18/22, she was told by staff 2 that child 1 was ?smacked? on the face by staff 1. Staff 3 stated she observed child 1 to have a mark on his face that looked like a handprint.
4. Staff 4 (center director) stated she was on her way to the center on the morning of 11/18/22 when she received a call that staff 1 had ?slapped? child 1 on his face. Staff 4 stated when she arrived at the center, she observed child 1 to have a mark on his left cheek.
5. The licensing inspector observed a photograph of child 1, provided by the center and taken on the day of the incident, that showed a red mark to his left cheek, consistent with that of a handprint.
6. Multiple staff reported that they have observed staff 1 roughly handle, pull, throw, drag and yell at children in the classroom on other occasions.
Evidence:
1. The center self-reported that on 11/18/22 child 1 (age 21 months) was ?slapped? on the left side of his face by staff 1, resulting in a mark to the child?s face.
2. Staff 2 stated she was working in the toddler room on the morning of 11/18/22 when she heard a ?loud smack? and a scream coming from the changing table, where staff 1 was changing child 1?s diaper. Staff 2 stated when she looked up, she observed a red mark that looked like a handprint on child 1?s left cheek and that he was crying. Staff 2 stated staff 1 was leaning over child 1 at the changing table and was holding his face.
3. Staff 3 stated that on the morning of 11/18/22, she was told by staff 2 that child 1 was ?smacked? on the face by staff 1. Staff 3 stated she observed child 1 to have a mark on his face that looked like a handprint.
4. Staff 4 (center director) stated she was on her way to the center on the morning of 11/18/22 when she received a call that staff 1 had ?slapped? child 1 on his face. Staff 4 stated when she arrived at the center, she observed child 1 to have a mark on his left cheek.
5. The licensing inspector observed a photograph of child 1, provided by the center and taken on the day of the incident, that showed a red mark to his left cheek, consistent with that of a handprint.
6. Multiple staff reported that they have observed staff 1 roughly handle, pull, throw, drag and yell at children in the classroom on other occasions.
Plan of Correction: The center responded with the following: The Center Director will ensure she is actively involved in each classroom throughout the day to provide one-on-one coaching and support for all teachers throughout the center. The Center Director has reiterated to all staff that she is always available and should be their first point of contact should they have any questions, concerns or behaviors to report. If the Center Director does not have an immediate answer, she will partner with the District Leader to ensure management is addressing all questions/concerns appropriately and in a timely fashion. The Center Director will also ensure that she is modeling these same expectations and will effectively investigate and follow up on any concerns that arise in the center in the future. The Center Director will continue to leverage KinderCare?s Standards of Excellence of Teaching as a baseline for observations with all teachers as a way to provide regular feedback. Lastly, center management is committed to ensuring that in addition to professional development days, quarterly improvement trainings are provided to all teachers and incorporated into our SET standards.