VIRGINIA DEPARTMENT OF SOCIAL SERVICES

The Garden of Children, LTD.
4 Hoopes Road
Newport news, VA 23602
(757) 877-7251

Current Inspector: Christine Mahan (757) 404-0568

Inspection Date: April 11, 2023

Complaint Related: No

Areas Reviewed:

8VAC20-780 Administration. 8VAC20-780 Staff Qualifications and Training. 8VAC20-780 Physical Plant. 8VAC20-780 Staffing and Supervision. 8VAC20-780 Programs. 8VAC20-780 Special Care Provisions and Emergencies 8VAC20-780 Special Services. 8VAC20-820 The License. 8VAC20-820 The Licensing Process. 8VAC20-820 Hearing Procedures. 8VAC20-770 Background Checks 20 Access to minor?s records 22.1 Early Childhood Care and Education 63.2 Child Abuse & Neglect

Comments:

A monitoring inspection was initiated on and concluded on April 11, 2023. There were 46 children present with 11 staff supervising. The inspector reviewed compliance in the areas of administration, physical plant, staffing and supervision, programming, medication, special care and emergencies and nutrition. A total of 5 child records and 5 staff records were reviewed. 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. Contact Christine Mahan, Licensing Inspector with any questions (757) 404-0568

Violations:

Standard #:	22.1-289.035-B-4
Description:	Based on record review and staff interviews, the licensee did not ensure, all staff had obtained an out of state criminal history name check (CRC) prior to the first day of employment and an out of state child abuse and neglect search (CPS) was request by the 30th day of employment Evidence: Staff #5?s record did not include an out of state CPS check and a CRC for Washington where they had lived within the last five years from date of hire (DOH 2-15-23). Staff #8 DOH was 1-3-2022.
Plan of Correction:	Director will ensure our state checks are completed
Standard #:	8VAC20-780-160-A
Description:	Based on record review and staff interview the licensee did not ensure documentation of the Tuberculosis screening shall be submitted at the time of employment and prior to coming into contact with children. Evidence: Center Director confirmed that Staff #4 did not have documentation of a TB screening and the first date of employment was 11-14-22
Plan of Correction:	Director will ensure all staff have TB screening.
Standard #:	8VAC20-780-40-K
Description:	Based on review of center documentation and staff interviews, the licensee did not ensure the center shall develop written procedures for prevention of shaken baby syndrome or abusive head trauma, including coping with crying babies, safe sleeping practices, and sudden infant death syndrome awareness. Evidence: Center Director confirmed the center does not have written procedures for abusive head trauma, safe sleep and coping with crying babies.
Plan of Correction:	Director will add written procedure to files
Standard #:	8VAC20-780-70
Description:	Based on a record review and staff interviews, the licensee did not ensure that staff have documentation to demonstrate the individuals have the education, training and certification, required by the job position. Evidence: The records for Staff #4, designated as a program lead, does not have documentation in their record to demonstrate they have the training/education required for program lead.
Plan of Correction:	Director will ensure all staff is properly trained to lead
Standard #:	8VAC20-780-240-C
Description:	Based on record review and staff interviews, the licensee did not ensure each staff member had completed orientation training in all required facility specific topics prior to the staff member working alone with children and no later than seven days of the date of assuming job responsibilities. Evidence: The record for Staff #1 (hire date 10-6-22), Staff #3 (hire date 3-7-2023), Staff #4 (hire date 11-14-22) and Staff #5 (hire date 2-15-22) did not include information the staff had obtained training in prevention of abusive head trauma and safe sleeping practices.
Plan of Correction:	Director will ensure all staff have required training
Standard #:	8VAC20-780-270-A
Description:	Based on observation and staff interviews, the licensee did not ensure areas and equipment of the center, inside and outside, shall be maintained in a clean, safe and operable condition. Unsafe conditions shall include, but not be limited to, splintered, cracked or otherwise deteriorating wood; chipped or peeling paint; visible cracks, bending or warping, rusting or breakage of any equipment; head entrapment hazards; and protruding nails, bolts or other components that could entangle clothing or snag skin. Evidence: In the Preschool room bathroom there was foam placed around the edges of the bathroom sinks and the foam had been painted. The paint was peeling on 1 of 3 sinks and was easily accessible children.
Plan of Correction:	Foam will be repainted
Standard #:	8VAC20-780-280-B
Description:	Based on observation and staff interviews, the licensee did not ensure hazardous substances such as cleaning materials, insecticides, and pesticides shall be kept in a locked place using a safe locking method that prevents access by children. Evidence: Hazardous substances, (1 container of cleaner and 2 containers of disinfectant wipes) were observed on a shelf and 1 container of staff medication, (pain reliever) was observed on a desk in the unlocked staff office. The office is on the hallway that leads to a children?s restroom. These items observed were accessible to children and were labeled "keep out of reach of children" and at least one other statement "caution", "flammable" and "warning".
Plan of Correction:	The office will be locked at all times
Standard #:	8VAC20-780-330-A
Description:	Based on measurements, observation and staff interviews, the licensee did not ensure where playground equipment is provided, there shall be under equipment with moving parts or climbing apparatus enough resilient surfacing to create a fall zone free of hazardous obstacles. Fall zones are defined as the area underneath and surrounding equipment that requires a resilient surface. A fall zone shall encompass sufficient area to include the child's trajectory in the event of a fall while the equipment is in use. Falls zones shall not include barriers for resilient surfacing. Evidence: The following inadequate fall zones and resilient surfacing were observed on the playground. 1. On the toddler playground there was a plastic slide that required 6 feet of fall zone and 6 inches of resilient surfacing. There was only on 3 ? feet of fall zone directly in front of the slide chute and 4 feet of fall zone on the right side of the slide. There was no resilient surfacing past 3 ? feet at the base of slide chute and none past 4 feet on the right side of the slide. 2. On the preschool playground there was a plastic bus that measured 3 feet from the base of the slide chute and therefore the required 6 feet of fall zone was not met.
Plan of Correction:	The slide will be removed. Future equipment that requires a fall zone will have adequate surfacing. Location of slide will be adjusted. Additional mulch ordered.