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Young Men's Christian Association of the Virginia Peninsulas - L
259 James Street
Smithfield, VA 23430
(757) 365-4060

Current Inspector: Melinda Popkin (757) 802-5281

Inspection Date: Sept. 7, 2022

Complaint Related: No

Areas Reviewed:
8VAC20-780 Administration.
8VAC20-780 Staff Qualifications and Training.
8VAC20-780 Staffing and Supervision.

Comments:
An investigation was conducted in response to a self-reported incident reported to the department on 9/7/2022. The investigation was initiated on 9/7/2022 and concluded on 10/14/2022. A virtual inspection was conducted in which the program director provided information and answered questions via electronic means; Documentation, to include a written incident report as well as applicable written policies and procedures were reviewed; Additional contacts were made via telephone in order to interview collateral witnesses.
Information gathered during the inspection determined non-compliance with applicable standards or law and violations were documented on the violation notice issued to the program.

Violations:
Standard #: 8VAC20-780-340-A
Description: Based on a review of documentation and interviews, the licensee did not ensure that when staff are supervising children, they always ensure their care, protection, and guidance.

Evidence:
On 9/6/2022, the licensee self-reported to the licensing inspector that the program had contacted child protective services regarding an incident of staff sending personal texts to a child attending summer camp.

On 9/7/2022 the licensing inspector reviewed an incident report which stated that the staff aid (staff #1) had been exchanging text messages with a 10 year old camper (child #1) which included staff #1 texting to child #1 ?I love you?, ?I miss your hugs? and inquiring ?did [supervising staff (#2)] catch you texting me?? Staff (#2) stated that the texts also included messages about a ?kiss on the forehead?

The staff aide (staff #1) used their mobile phone to send text messages to the phone of Child #1 during the camp hours while the child was attending the camp and also outside of camp hours while Child #1 was not at the camp.

This exchange deviates from Licensee?s own code of conduct which states that staff members may not have personal contact with enrolled participants under 18 years of age, to include face to face contact as well as any form of electronic contact.

Plan of Correction: The following response and correction was received by the department on 10/14/2022:
The employee was terminated on 9/6/2022 and cannot return to work for us in any capacity.
The director reviewed the program's policy and code of conduct with all employees on Sunday, 10/9/22 during an all-staff meeting.

Standard #: 8VAC20-780-400-A
Description: Based on a review of documentation and interviews, the licensee did not ensure that, in order to promote the child's physical, intellectual, emotional, and social wellbeing and growth, staff interact with the child and one another to provide needed help, comfort, support and respect personal privacy.

Evidence:
It was confirmed that staff #1 used their personal cell phone to send text messages to an enrolled child in the program (child #1).

Child #1?s personal privacy was not respected when staff #1 failed to follow the program?s own written Code of Conduct which states ?staff members are to have no personal contact with program participants under the age of 18. This includes any face to face contact as well as electronic contact such as phone calls, text messages, e-mails or any other possible electronic means.?

Plan of Correction: The following response and correction was received by the department on 10/14/2022:
The employee was terminated on 9/6/2022 and cannot return to work for us in any capacity.
The director reviewed the program's policy and code of conduct with all employees on Sunday, 10/9/22 during an all-staff meeting.

Disclaimer:

A compliance history is in no way a rating for a facility.

The online compliance history includes only information after July 1, 2003. In addition, the online compliance history includes information regarding adverse actions that may be the subject of a pending appeal. An adverse action is not final until a provider has exhausted or waived all due process rights. For compliance history prior to July 1, 2003, or information regarding the status of pending adverse actions, please contact the Licensing Inspector listed in the facility's information. The Virginia Department of Social Services (VDSS) is not responsible for any errors in or omissions from the compliance history information.

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