VIRGINIA DEPARTMENT OF SOCIAL SERVICES

House of Genesis
3118 Cofer Road
Richmond, VA 23224
(804) 233-6425

VDSS Contact: Florence Martus (804) 389-0157

Inspection Date: June 6, 2023

Complaint Related: Yes

Areas Reviewed:

22.1 Religious Exempt; Background Checks Code; Carbon Monoxide

Technical Assistance:

n/a

Comments:

An unannounced complaint inspection was initiated on Tuesday, June 6, 2023, and concluded on Wednesday, July 12, 2023. The complaint was regarding allegations of non-compliance with staff to child ratio and supervision. On June 14, 2023, the inspector as on-site from approximately 3:00pm until 4:25pm. There were 21 children in care and one staff present at the center. The inspector reviewed documentation and conducted observations and conducted interviews on-site. Additional documentation was requested and reviewed remotely. On July 11, 2023, the inspector was on-site from approximately 9:50am until 1:00pm conducting follow-up activities and interviews. A total of two staff records were reviewed. Based on the information gathered during the investigation, the preponderance of evidence supports the allegation, therefore the complaint is determined to be valid. Additional violations were discovered, and violations were documented on the violation notice issued to the program. Please complete the `plan of correction? and `date to be corrected? for each violation cited on the violation notice and returned it to me within five business days from today. 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 preventive measure(s).

Violations:

Standard #:	22.1-289.031-A-3-f
Complaint related:	Yes
Description:	Based on a review of documentation, interviews, and observation, the center did not ensure when a group of children receiving care includes children from different age brackets, the age of the youngest child in the group shall be used to determine the staff-to-children ratio that applies to that group. Evidence: 1) A review of the center?s record of daily attendance and verification of the ages of children present showed there were a total of 19 children in care on 06/05/23. It was determined that Child #9 (6-months-old) was the youngest child present and was dropped off at 7:30am. There was a total of five other children at the center when Child #6 was dropped off and 13 additional children arrived between 7:45am and 2:05pm. The children?s ages ranged from 6 months to 9 years of age. 2) On 06/14/23 at approximately 3:00pm, the inspector observed 21 children (6 months to 9 years of age) in care with only Staff #1 supervising. 3) During interview, Staff #1 acknowledged she was the only staff member present at the center on 06/05/23 and on 06/14/23. Staff #1 reported Staff #2 was scheduled to be at the center at 1:30pm both days but was not able to be there. The staff-to-child ratio that applied to the group was one staff member to four children based on the age of the youngest child present.
Plan of Correction:	Per the Center: "This ratio is being corrected. I am currently in the process of hiring new staff as we speak. I have begun the interview process and have received background checks and fingerprinting. I am awaiting the physical examination and TB results. I understand the ratio requirements for students and staff."
Standard #:	22.1-289.031-A-4
Complaint related:	No
Description:	Based on a review of two staff records, one staff did not obtain the required staff health report within the required timeframe. Evidence: The staff health report in the record of Staff #2, employed on 05/09/23, was completed on 05/12/23. The staff health report for the staff member should have been obtained prior to the staff supervising children.
Plan of Correction:	Per the Center: "Staff will have this form completed before starting employment."
Standard #:	22.1-289.031-B-2
Complaint related:	Yes
Description:	Based on documentation reviewed and interviews, the center did not establish and implement a procedure for appropriate supervision of all children in care, including daily intake and dismissal procedures to ensure safety of children. Evidence: 1) Staff #1 did not establish a procedure for appropriate supervision of the children in care. Parent #1 and Parent #2 were not aware of the dismissal procedures to ensure the safety of children. Staff #1 stated that on 06/05/2023 she asked two parents to stay at the center while she ran out to pick up two children from a school nearby. 2) Collateral interviews indicated that on 06/05/23, Staff #1 left two parents to care for 16 children without supervision of staff from approximately 4:00pm until 4:22pm. 3) A review of the center?s record of daily attendance for 06/05/23 showed there were 16 children in care at 4:00pm when Staff #1 left the premises. The ages of the children ranged from 6 months to 9 years of age.
Plan of Correction:	Per the Center: "I will ensure that the day care will be properly staffed so that this will never happen again."
Standard #:	22.1-289.031-B-3
Complaint related:	No
Description:	Based on a review of documentation and interviews, the center did not establish and implement a procedure for a daily simple health screening and exclusion of sick children by a person trained to perform such screenings. Evidence: 1) Staff #1 stated that on 06/05/2023 she asked two parents to stay at the center while she ran out to pick up two children from a school nearby. Staff #1 did not establish a procedure for the daily health screening and exclusion of sick children. Staff #1 was not aware if Parent #1 and Parent #2 were trained to perform such screenings. 2) Collateral interviews indicated that on 06/05/23, Staff #1 left two parents to care for 16 children without supervision of staff from approximately 4:00pm until 4:22pm. 3) A review of the center?s record of daily attendance for 06/05/23 showed there were 16 children in care at 4:00pm when Staff #1 left the premises. The ages of the children ranged from 6 months to 9 years of age.
Plan of Correction:	Per the Center: "New staff will be trained online with child abuse and neglect training."
Standard #:	22.1-289.035-B-2
Complaint related:	No
Description:	Based on interviews, the center did not require two people who were expected to be alone with one or more children enrolled in the child day center to submit the satisfactory results of the fingerprint-based national criminal background check as required. Evidence: 1) Parent #1 and Parent #2 did not have the results of a fingerprint-based national criminal background check before commencement of service at the facility. On 06/05/23, Parent #2 received a phone call from Staff #1 requesting the parent to stay with the children at the center while Staff #1 left the center to pick up two children from a school nearby. Parent #2 agreed and was expected to be alone with children. Parent #2 arrived at the center at approximately 4:07pm and Staff #1, the only staff person on duty, was no longer at the center. Parent #1 was the only adult at the center with the children when Parent #2 arrived. It was determined that Staff #1 left 16 children at the center with Parent #1 and Parent #2 from approximately 4:00pm to 4:22pm. 2) Staff #1 acknowledged she asked both parents to stay at the center while she ran out to pick up two children from a school nearby.
Plan of Correction:	Per the Center: "I will never leave parents or anyone else not authorized through background checks to care for children again. I will ensure that anyone who does stay alone with the children will have the required background check on file. I received an emergency call from the school to pick up 3 children as I am listed as the emergency contact pick up. I was told by the school that if the children were not picked up right away that the Police, Social Services and Child Protective Services would be called. I immediately phoned the parent to notify her. The parent told me that she was in Mechanicsville getting replacement tires. In an effort to prevent that, as the school was 5 minutes distance, I asked two parents who were there if they could sit with them until I returned. I contacted the parent and through love and prevention I made a decision out of haste. What I did was to prevent children from being removed from their parents? care based on the threat from the school. This was a one-time incident in response to an emergency situation. This will not happen again. I understand the risk posed to the children. This has been corrected and will not happen again."
Standard #:	8VAC20-770-40-D-2
Complaint related:	No
Description:	Based on a review of two staff records and interviews, the center did not ensure one staff and two people expected to be alone with one or more children enrolled in the religious exempt child day center obtained background checks as required. Evidence: 1) The record of Staff #2, employed on 05/09/23, did not contain the results of the search of the central registry. Prospective employee, volunteer, or any other person who is expected to be alone with one or more children must have a search of the central registry within 30 days of employment or commencement of service. 2) On 06/05/23, Parent #2 received a phone call from Staff #1 requesting the parent to stay with the children at the center while Staff #1 left the center to pick up two children from a school nearby. Parent #2 agreed and was expected to be alone with children. Parent #2 arrived at the center at approximately 4:07pm and Staff #1, the only staff person on duty, was no longer at the center. It was determined that Staff #1 left 16 children with Parent #1 and Parent #2 from approximately 4:00pm to 4:22pm. Staff #1 acknowledged she asked both parents to stay at the center while she ran out to pick up two children from a school nearby. Parent #1 and Parent #2 had not completed a sworn statement or affirmation before commencement of service at the facility.
Plan of Correction:	Per the Center: "I will never leave parents or anyone else not authorized through background checks to care for children again. I will ensure that anyone who does stay alone with the children will have the required background check on file. I received an emergency call from the school to pick up 3 children as I am listed as the emergency contact pick up. I was told by the school that if the children were not picked up right away that the Police, Social Services and Child Protective Services would be called. I immediately phoned the parent to notify her. The parent told me that she was in Mechanicsville getting replacement tires. In an effort to prevent that, as the school was 5 minutes distance, I asked two parents who were there if they could sit with them until I returned. I contacted the parent and through love and prevention I made a decision out of haste. What I did was to prevent children from being removed from their parents? care based on the threat from the school. This was a one-time incident in response to an emergency situation. This will not happen again. I understand the risk posed to the children. This has been corrected and will not happen again." "[Staff #2] Central Registry background check arrived on July 19, 2023. Will send request within first 7 days of them starting, and within 30 days. If not received will call the office of investigation"