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Happy Feet Early Learning and Child Center
37 Ellsworth Street
Martinsville, VA 24112
(276) 403-4183

Current Inspector: Rebecca Forestier (540) 309-2835

Inspection Date: July 18, 2019

Complaint Related: No

Areas Reviewed:
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 PHYSICAL PLANT.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.
22VAC40-185 SPECIAL SERVICES.
22VAC40-80 THE LICENSE.
22VAC40-191 Background Checks (22VAC40-191)
63.2(17) License & Registration Procedures

Comments:
An unannounced monitoring inspection was conducted on 07/18/2019. There were 41 children, ages 2 months-9 years, and 9 staff members present during the inspection. The inspector reviewed 5 children's records, 6 staff records and 2 over-the-counter skin products during the inspection. The staff stated that they do not administer medication. The children were observed in the following activities: having breakfast, a preschool class was observed playing outside, having lunch and during nap time. Infants were observed being fed and allowed to sleep on demand. The inspector reviewed the outdoor playground, the emergency preparedness plans and the emergency supplies during the inspection. The inspector discussed the following with the staff: ratios, diapering practices, administrative duties, building requirements, transportation requirements and outside agencies. The inspector arrived for the inspection at 8:50 a.m. and departed at 4:15 p.m. Following an administrative review, the Violation Notice for this inspection has been amended. If you have any questions, please contact Becky Forestier at 540-309-2835.

Violations:
Standard #: 22VAC40-185-160-C
Description: Based on record review and discussion with staff, the facility failed to ensure that a follow-up tuberculosis test or screening is obtained at least every two years from the date of the first initial screening or test. Evidence: The record for Staff #2 contained a tuberculosis test dated 02/22/2017; there was not a 2019 follow-up test or screening available for review.

Plan of Correction: The center will make sure all staff have their TB shots.

Standard #: 22VAC40-185-40-E
Description: Based on observations, daily attendance and discussion with the staff, the facility failed to meet the terms of the current license issued by the department. Evidence: 1. The current license issued by the department has a center capacity of 39 children and a stipulation that the maximum occupancy of the building is 45 including staff. 2. There were a total of 41 children present during the 07/18/2019 inspection. 3. There was a total of 41 children and 9 staff present, for a total of 50 building occupants, during the 07/18/2019 inspection.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-60-A
Description: Based on record review and discussion with the staff, the facility failed to ensure that the separate record for each child enrolled shall contain all of the elements as required by the standards. Evidence: 1. The record for Child #1 did not contain the following required elements: the work phone number of each parent who has custody (an employer was listed) and documentation of viewing proof of the child's identity. 2. The record for Child #4 did not contain the following required elements: names of persons authorized to pick up the child. 3. The record for Child #5 did not contain the following required elements: name, address and phone number of two designated people to call in an emergency if a parent cannot be reached (the addresses for both contacts were incomplete) and the first date of attendance.

Plan of Correction: The center will make sure all child files have all of the elements as required by the standards.

Standard #: 22VAC40-185-70-A
Description: Based on record review and discussion with the staff, the facility failed to ensure that staff records shall contain all of the elements as required by the standards. Evidence: 1. The record for Staff #4 did not contain the following elements as required by the standards: verification of age requirement, the name, address and telephone number of a person to be notified in an emergency, documentation that two or more references as to character and reputation as well as competency were checked before employment, written information to demonstrate that the individual possesses the orientation training required by the job position and health information as required by 22VAC40-185-160. 2. The record for Staff #5 did not contain the following elements as required by the standards: name, address, verification of age requirement, job title, date of employment, the name, address and telephone number of a person to be notified in an emergency, documentation that two or more references as to character and reputation as well as competency were checked before employment, written information to demonstrate that the individual possesses the education, orientation training, staff development, certification and experience required by the job position, and health information as required by 22VAC40-185-160. 3. The record for Staff #6 did not contain the following elements as required by the standards: the name, address and telephone number of a person to be notified in an emergency, documentation that two or more references as to character and reputation as well as competency were checked before employment and health information as required by 22VAC40-185-160.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-260-A
Description: Based on document review and discussion with the staff, the facility failed to obtain an annual fire inspection report from the appropriate fire official having jurisdiction. Evidence: The most recent fire inspection available for review during the 07/18/2019 inspection was dated 04/03/2018.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-270-A
Description: Based on observations and discussion with the staff, the facility failed to ensure that the areas and equipment of the center, inside and outside, shall be maintained in a clean, safe and operable condition. Evidence: 1. There was an active wasps nest with live wasps on it lying on the ground inside of a playhouse on the outside playground. 2. There was a crack in the top of the red tube of the playground climbing equipment that was sharp and created a pinch-point. 3. The paint in the windowsill of Classroom 1 is chipping and peeling and is accessible to the children in the classroom. 4. There were various broken plastic riding toys on the front porch with sharp edges. 5. There was a scooter that was missing the end-cap to one of the handles that created the potential for impalement. 6. The glass is broken in two windows on the second level of the facility; one at the top of the stairs and the other in the second level bathroom.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-280-B
Description: Based on observations and discussion with the staff, the facility failed to ensure that hazardous substances, such as cleaning materials, shall be kept in a locked place using a safe locking method that prevents access by children. If a key is used, the key shall not be accessible to the children. Evidence: The storage cabinet in Classroom 5 contained various cleaning materials. The storage cabinet was locked using a key, lock and hasp method. The key to the lock was left in the lock on the cabinet and was accessible to the school-aged children that were observed using the classroom during the 07/18/2019 inspection.

Plan of Correction: The center will make sure that all hazardous substances is kept locked and the key is up high.

Standard #: 22VAC40-185-330-B
Description: Based on observations and discussion with the staff, the facility failed to ensure that where playground equipment is provided, resilient surfacing shall comply with minimum safety standards. Evidence: The areas at the bottom of both slides on the playground did not contain the required depth of resilient surfacing; dirt was visible at the bottom of both slides.

Plan of Correction: The center will make sure that resilient surfacing shall comply at all times for safety.

Standard #: 22VAC40-185-340-C
Description: Based on discussion with the staff, the facility failed to ensure that during the stated hours of operation, there always shall be on the premises when one or more children are present one staff member who meets the qualification of a program leader or program director and an immediately available staff member, volunteer or other employee who is at least 16 years of age, with direct means for communication between the two of them. Evidence: 1. Staff #4 stated that they are responsible for opening the facility at 6:00 a.m. each morning and working alone, with children in care, until Staff #2 arrives at 7:00 a.m. 2. Staff #4 stated that on a typical day there are approximately 5 children, including 1 infant, in attendance when Staff #2 arrives. 3. Staff #2 confirmed that Staff #4 is the only staff member present upon arriving at 7:00 a.m. 4. There was no documentation that Staff #4 holds a current CPR/first-aid certification.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-340-D
Description: Based on observations, record review and discussion with the staff, the facility failed to ensure that in each grouping of children at least one staff member who meets the qualification of a program leader or program director shall be regularly present and that such program leader shall supervise no more than two aides. Evidence: 1. Staff #5 and Staff #6 were observed in separate classrooms (Classroom 4 and Classroom 5) supervising groups of children without a qualified Program Lead or Program Director supervising them. 2. Staff #5 was observed in the role of Program Lead for a group of school-aged children during the 07/18/2019 inspection; the record for Staff #5 did not contain written demonstration that the individual possesses the education, orientation training, staff development, certification, and experience required by the position of Program Lead. 3. Staff #6 was observed in the role of Program Lead for a group of school-aged children during the 07/18/2019 inspection. The record for Staff #6 had a documented job title of Program Assistant.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-340-F
Description: Based on observations and discussion with the staff, the facility failed to ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff. Evidence: Seventeen (17) children, ages 3 years-9 years, were observed in Classroom 2. Eight (8) children, ages 2 years-3 years, were observed in Classroom 2A. Staff #5 was observed leaving Classroom 2 and walking over to the sink area of Classroom 2A multiple times to get cleaning supplies. During this time 9 children were observed sitting in the corner of the floor in front of the shelving unit of Classroom 2. Each time Staff #5 would exit Classroom 2 to get/return cleaning supplies, the 9 children located in the corner of the floor were no longer within the sight supervision of staff.

Plan of Correction: The center will make sure that sight and sound supervision is provided at all times.

Standard #: 22VAC40-185-350-C
Description: Based on observations and discussion with the staff, the facility failed to ensure that when children are regularly in ongoing mixed age groups, the staff-to-children ratio is applicable to the youngest child in the group shall apply to the entire group. Evidence: 1. Twenty-three (23) children, ages 2 years-9 years, were observed in the care of 1 staff member, Staff #8, during the 07/18/2019 inspection. 2. Staff #8 stated that from arriving at 8:00 a.m. each day until the next scheduled staff arrive, that all children ages 2 years and up are together in one group. 3. Staff #4 stated that on 07/18/2019 there were 5 children present when Staff #2 arrived and that Child #7, determined to be 7 months old, was present during that period of time. 4. Staff #4 stated that from arriving at 6:00 a.m. each day there is only staff member present until Staff #2 arrives at 7:00. Staff #4 stated that during that time all children arriving to the center are together in one group. 5. Staff #2 stated that upon arriving at 7:00 a.m. each day that all children, other than those in the infant class, are together in one group until Staff #8 arrives at 8:00 a.m.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-350-E-2
Description: Based on observations and discussion with the staff, the facility failed to ensure that the staff to child ratios for children 16 months-2 years, 1 staff member for every 5 children, are met. Evidence: Upon arrival to the facility on 07/18/2019, seven (7) children, ages 19 months-2 years, were observed in Classroom 1 in the care of 1 staff member, Staff #2, until approximately 9:00 a.m. when Staff #1 arrived.

Plan of Correction: The center will make sure to stay with ratio at all times.

Standard #: 22VAC40-185-390-B
Description: Based on observations, review of the daily schedule and discussion with the staff, the facility failed to ensure that on nonschool days, the daily activity shall include opportunities for large motor activities at least 25% of the time. Evidence: 1. A group of children, ages 3 years- 9 years, was observed sitting at tables and on the floor of Classroom 2 for approximately 3 hours before relocating to Classroom 5 during the 07/18/2019 inspection. 2. The same group of children were then observed sitting on the floor of Classroom 5 for approximately an hour. 3. The duration of the 07/18/2019 inspection was approximately 7 hours; during this time no large motor activities were observed. 4. Staff #5 stated that the activities observed during the inspection were the regular daily activities. 5. The daily schedule for the school-aged children did not include schedule time for large motor activities.

Plan of Correction: The center will make sure that teacher will redo schedule to meet standards needs.

Standard #: 22VAC40-185-500-A
Description: Based on observations and discussion, the facility failed to ensure that children's hands shall be washed with soap and running water or disposable wipes before and after eating meals or snacks. Evidence: Child #6 was observed finishing breakfast and immediately going to sit on the carpet without washing hands.

Plan of Correction: The center will make sure that all staff will wash children's hands after eating meals.

Standard #: 22VAC40-185-520-C
Description: Based on observations and discussion with staff, the facility failed to ensure that if diaper ointment or cream is used, the requirements stated in the standards are met. Evidence: 1. Over-the-counter Skin Product #1 was not labeled with the child's name as required by the standards. There was not a record that included the child's name, date of use, frequency of application and any adverse reaction for Over-the-counter Skin Product #1 as required by the standards; Staff #4 stated that the product had been applied in the past but did not provide a specific date. 2. Over-the-counter Skin Product #2 was not labeled with the child's name as required by the standards.

Plan of Correction: The center will make sure teachers will document over counter skin products and label. The center will make sure all staff are trained by 08/31/2019

Standard #: 22VAC40-185-530-A
Description: Based on record review, the facility failed to ensure that there shall be at least one staff member trained in first aid, cardiopulmonary resuscitation, and rescue breathing as appropriate to the age of the children in care who is on the premises during the center's hours of operation and also one person on field trips and where ever children are in care. Evidence: Staff #4 stated that upon arriving at 6:00 a.m. each morning and until the next staff arrives at 7:00 a.m. each day there is only one staff member (Staff #4) on-site. The record for Staff #4 did not contain documentation of a training in first aid, cardiopulmonary resuscitation and rescue breathing.

Plan of Correction: The center will make sure that all teacher have CPR and First Aid.

Standard #: 22VAC40-185-550-D
Description: Based on document review and discussion with the staff, the facility failed to implement monthly practice evacuation drills. Evidence: 1. The documentation log for the monthly practice evacuation drills did not have drills documented that occurred in the months of February 2019 or June 2019. 2. The log documented that a drill was implemented on 03/01/2019 and "for February" was documented in parentheses beside of this date. 3. The log documented that a drill was implemented on 07/15/2019 and "for June" was documented in parentheses beside of this date.

Plan of Correction: The center will make sure that monthly fire drill will be completed that month it is due.

Standard #: 22VAC40-185-560-F
Description: Based on observations and discussion with staff, the facility failed to ensure that when centers choose to provide meals or snacks, a menu listing foods to be served for meals or snacks during the current one-week period shall be dated and posted in a location conspicuous to parents. Evidence: The menu posted during the 07/18/2019 inspection was dated 06/24/2019-06/28/2019; the 06/24-06/28 menu was posted on the main bulletin board in the center's lobby and in the kitchen.

Plan of Correction: The center will make sure that the menu is posted at all times.

Standard #: 22VAC40-191-60-B
Description: Based on record review and discussion with the staff, the facility failed to ensure that an employee must not be employed until the agency has the person's sworn statement or affirmation. Evidence: 1. The record for Staff #5 did not contain a sworn statement or affirmation. Staff #5 stated that the first day of employment was 04/12/2019; Staff #5 was observed working during the 07/18/2019 inspection. 2. The record for Staff #6 did not contain a sworn statement or affirmation. The record for Staff #6 had a documented hire date of 06/24/2019; Staff #6 was observed working during the 07/18/2019 inspection.

Plan of Correction: The center will make sure that all teachers, aides, staff have completed the sworn statement or affirmation before hire.

Standard #: 22VAC40-191-60-C-2
Description: Based on record review and discussion with the staff, the facility failed to obtain the central registry findings within 30 days of employment. Evidence: 1. The record for Staff #1 did not contain the central registry findings. The record for Staff #1 had a documented hire date of 10/21/2018; Staff #1 was observed working during the 07/18/2019 inspection. There was documentation of Staff #7 contacting The Office of Background Investigations on 01/10/2019; the search of the central registry was not returned as of the 07/18/2019 inspection and there was no documentation of any follow-up contact with The Office of Background Investigation since 01/10/2019. 2. The record for Staff #4 did not contain the central registry findings. The record for Staff #4 had a documented hire date of 05/10/2019; Staff #4 was observed working during the 07/18/2019 inspection. 3. The record for Staff #5 did not contain the central registry findings. Staff #5 stated that the first date of employment was 04/12/2019; Staff #5 was observed working during the 07/18/2019 inspection.

Plan of Correction: The center will make sure that all staff CPS is completed within 30 days.

Standard #: 22VAC40-80-120-E-6
Description: Based on observations and discussion with the staff, the facility failed to ensure that a copy of the special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumer of serious or persistent violations. Evidence: The Special Order issued by the department was not posted in a prominent place at each public entrance of the licensed premises.

Plan of Correction: The center will make sure that the special order is posted in a more visible place.

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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