VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Toras Chaim
3110 Sterling Point Drive
Portsmouth, VA 23703
(757) 686-2480

VDSS Contact: Rene Old (757) 404-1784

Inspection Date: March 2, 2023

Complaint Related: No

Areas Reviewed:

22.1 Religious Exempt; Background Checks Code; Carbon Monoxide 32.1 Report by person other than physician 54.1 Must be MAT Certified 63.2 Child abuse and neglect 8VAC20-770 Background Checks

Technical Assistance:

Written parental permission to photograph the children in care was discussed with the program director. Also discussed was the appropriate children's ages indicated for the use of the two outdoor playground structures.

Comments:

An announced monitoring inspection was conducted on 3/2/2023. There were 32 children present, ranging in ages from infant to 5 years, with 10 staff supervising. The inspection included review of the requirements of the Code of Virginia. A total of 5 child records and 12 staff records were reviewed. Information gathered during the inspection determined non-compliance with applicable background check regulations or law and violations were documented on the violation notice issued to the program and discussed with the program director during the exit interview.

Violations:

Standard #:	22.1-289.035-B-2
Description:	Based upon review of staff records, the facility has not ensured that the results of fingerprinting are obtained prior to first date of employment. Evidence: 1. The record provided for staff 5 indicated a date of employ of 3/11/2022. Results of fingerprinting were not obtained until 3/16/2022. 2. The record provided for staff 7 indicated a date of employ of 8/30/2021. Results of fingerprinting were not obtained until 11/8/2021. 3. The record provided for staff 8 indicated a date of employ of October 2021. Results of fingerprinting were not obtained until 9/26/2022
Plan of Correction:	The facility responded with the following: We now are aware of the proper procedures involving the timing of background checks. Our new administration took over during the Covid pandemic with limited staff, so we followed the lead of the previous procedures. With the Covid pandemic also came a nationwide teacher shortage that affected us, and we felt fortunate that we were able to hire many staff members that we knew personally from our community to complete our needs.
Standard #:	22.1-289.035-B-4
Description:	Based upon review of staff records, the facility has not ensured that a sex offender registry check and a search of the child abuse and neglect registry are obtained from any state in which the individual has resided within the preceding five years before the individual is responsible for the safety and well-being of children. Evidence: The record provided for staff 12 indicated that staff 12 resided in both Connecticut and Maryland within the previous five years. Results of a sex offender search and a child abuse and neglect registry search for either of those two states were not obtained. Staff 12 was on duty with the children during the inspection.
Plan of Correction:	The facility responded with the following: We are now aware of the proper procedures for out of town background checks which are now being followed. Registry forms have been submitted for all of those that lived out of state. We are awaiting her results from Connecticut and Maryland. Staff 12 is a military wife, and an upstanding member of our close knit community.
Standard #:	8VAC20-770-40-D-2
Description:	Based upon review of staff records and staff interview, the facility has not ensured that the results of a child protective services central registry search are obtained within 30 days of employment. Evidence: 1. The record provided for staff 3 indicated a date of employ of 9/1/2022. Results of a central registry search were not obtained until 2/16/2023. 2. The record provided for staff 4 did not include a date of employ. Staff 1 stated the date of employ was August 2022. Results of a central registry search have not been obtained. 3. The record provided for staff 5 indicated a date of employ of 3/11/2022. Results of a central registry search were not obtained until 10/27/2022. 4. The record provided for staff 7 indicated a date of employ of 8/30/2021. Results of a central registry search were not obtained until 1/25/2022. 5. The record provided for staff 8 indicated a date of employ of 10/2021. Results of a central registry search were not obtained until 1/18/2022. 6. The record provided for staff 9 indicated a date of employ of 8/31/2021. Results of a central registry search were not obtained until 10/27/2022. 7. The record provided for staff 12 did not include a date of employ. Staff 1 stated an employment date of May 2022. Results of a central registry search were not obtained until 11/19/2022.
Plan of Correction:	The facility responded with the following: Please note the above comments and the circumstances of why this violation has occurred repeatedly. We could not correct what we didn't know was out of compliance. Now that we are aware, all searches are being done prior to their start date.