VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Young Men's Christian Association of the Virginia Peninsulas
458 Harris Road
Wiley Child Development Center
Kilmarnock, VA 22482
(804) 480-0063

Current Inspector: Susan Ellington-Sconiers (804) 588-2368

Inspection Date: July 19, 2019 , Aug. 6, 2019 and Aug. 13, 2019

Complaint Related: Yes

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 SERVICES. 22VAC40-191 Background Checks (22VAC40-191) 63.2(17) License & Registration Procedures

Comments:

Announced inspections were conducted on July 19, 2019 from approximately 11:30 a.m. to 2:30 p.m. and August 6, 2019 from approximately 12:30 p.m. to 2:30 p.m. and an unannounced inspection was conducted on August 13, 2019 from approximately 1:30 p.m. to 2:00 p.m. in response to a complaint received on July 3, 2019 regarding forbidden actions, operational responsibilities and behavioral guidance. The investigation was initiated on July 15, 2019; collateral and staff interviews were conducted on and off site on July 15, 2019, July 16, 2019, July 19, 2019, July 26, 2019, July 29, 2019, August 6, 2019, August 7, 2019, August 13, 2019, August 19, 2019, and September 10, 2019. The investigation was completed on September 10, 2019. Staff, children and classrooms were observed at each inspection and staff and children's records, policies and procedures and other pertinent material was reviewed as related to the complaint. An administrator was available for the inspections and was present at the exit interviews at which time the inspection findings were reviewed and Acknowledgement of Inspection forms were signed and left with the licensee. The complaint is determined to be valid for forbidden actions and operational responsibilities. See the violation notice on the Department?s public web site for violations of the Standards. Additional violations of the Standards for Licensed Child Day Centers were cited unrelated to the complaint. Please complete the "plan of correction" and "date to be corrected" for each violation cited on the violation notice and return it within five business days of receipt. Specify how the deficient practice will be or has been corrected. The plan of correction should contain: 1) step(s) to correct the noncompliance with the standard(s), 2) measure(s) 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 #:	22VAC40-185-40-E
Complaint related:	Yes
Description:	Based on a review of videos, policy and procedures, staff records, photographs, and interviews, the licensee failed to ensure that the center?s activities are maintained in compliance with the center?s own policies and procedures required by the standards. Evidence: 1. The code of conduct states that staff ?must use positive techniques of guidance, including redirection, positive reinforcement and encouragement? and that physical restraint is used ?only in predetermined situations?. The parent handbook outlines discipline as verbal warnings/reminders, talking through the problem, and a time out/cool down technique. 2. A video of the two year old classroom on July 2, 2019, revealed a group of children sitting on a rug. Staff #1 was squatting while talking to a child sitting to the right of two-year old Child #1. While squatting, Staff #1 grabbed Child #1?s wrist, up by his eyes, and forced his hand down into his lap. Staff #1 then abruptly stood, picked up Child #1 by both upper arms while the child was facing away from her, then placed her arm under Child #1?s arms and around his chest while his legs dangled unsupported with his back pressed against her body. Staff #1 carried Child #1 out of the room in this manner. 3. In a subsequent video of the toddler classroom on July 2, 2019, Staff #1 brought Child #1 into the room through an adjoining door, still carrying the child with her arm, now just below his chest. Staff #1 removed the child?s shoes, tossed them to the floor, and then attempted to place him in a feeding table seat. Staff #1 pulled Child #1 out of the seat when he did not easily slide in after the first attempt. Staff #1 then attempted to place Child #1 back into the seat, at which time he struggled and Staff #1 abruptly adjusted Child #1's legs before finally placing him in the seat and then exiting the room. 4. Staff #5 reported that when Staff #1 brought Child #1 into the room she said ?he needs some time out here for a while.? Staff #1 reported that she took Child #1 into the toddler class because he needed to ?calm down? and that she told Staff #6 that she put him in the seat so he could calm down at which time he could return to her classroom. 5. Staff #4 and Staff #5 reported there is a tree trunk in the two year old class normally used as the ?time out spot?. Staff #6 and Staff #7 reported that Child #1 sat in the feeding table seat for approximately 5 to 10 minutes at which time he stopped crying. 6. A photograph taken inside the two year old classroom revealed Staff #2 sitting on the floor on the right side of a child. The child is lying face down on a nap cot with his feet facing outward. Staff #2?s legs are placed across the child?s lower back in a manner in which the child is held down. 7. A video of the two year old classroom on July 1, 2019, revealed a group of children dancing and others scattered around the classroom. Staff #1 picked up two-year old Child #2 by his elbow with one hand while she pulled a chair from his grip, then placed her hand under the child?s armpit and propelled him forward causing Child #2 to stumble downward onto the floor. Staff #1 then picked Child #2 up by both upper arms facing away from her, while his body dangled unsupported and carried him out of camera view. Staff #1 is later seen grabbing two-year old Child #4 by his sleeve as the child is running. Staff #1 then quickly picked Child #4 up under both arms, facing her and then firmly and quickly placed him on his bottom on a rug. Later, Staff #1 grabbed two-year Child #3 by the elbow when Child #3 was running. Staff #1 held the child's arm and pulled her across the room. Child #3 lost her footing twice due to the speed in which Staff #1 pulled her. Staff #1 then swung the child around by her arm and roughly sat her on a rug.
Plan of Correction:	Staff involved in complaint were placed on temporary, paid leave to review the allegations. Staff were terminated from the YMCA after review. Parents in this classroom were immediately notified of the complaint with a parent letter and complaint was self-reported to CPS. A parent meeting was announced to include all parents of children currently enrolled at the YMCA. The CEO of the Association as well as Directors within the Association led the Parent meeting on Tuesday, July 30th, 2019. Following the parent meeting, a letter was sent to all parents giving an overview of the feedback received and updates of the next actionable steps. The YMCA required three mandatory trainings for all staff on August 8th, 22nd, and August 28th. The components of this three part training include: ? YMCA code of conduct and appropriate staff to child behaviors according to YMCA standards as well as the Virginia Department of Social Services Standards ? Process of communication and confidentiality policies ? How to communicate requests for support ? Supervisory support in each classroom ? What active supervision looks like ? A CPS training presented by a licensed CPS agent.
Standard #:	22VAC40-185-340-A
Complaint related:	No
Description:	Based on observation and interview, the licensee failed to ensure that when supervising children, staff ensure the care, protection and guidance of all children. Evidence:1. A picture taken inside the two year old classroom, revealed Staff #2 siting on the floor on the right side of a child. The child is lying face down on a nap cot with his feet facing the camera. Both of Staff #2?s legs are placed across the child?s lower back. 2. A collateral witness reported that the child in the photograph is Staff #2?s niece and that Staff #2 had her legs placed over the child to apply pressure to help her sleep. Administrator #1 reported that this is not standard procedure at the center and that Staff #2 was terminated for this behavior. 3. The staff placing her legs across the lower back of a two-year old child, risking injury to the child, did not ensure the care and protection of the child.
Plan of Correction:	Staff involved in complaint were placed on temporary, paid leave to review the allegations. Staff were terminated from the YMCA after review. Parents in this classroom were immediately notified of the complaint with a parent letter and complaint was self-reported to CPS. A parent meeting was announced to include all parents of children currently enrolled at the YMCA. The CEO of the Association as well as Directors within the Association led the Parent meeting on Tuesday, July 30th, 2019. Following the parent meeting, a letter was sent to all parents giving an overview of the feedback received and updates of the next actionable steps. The YMCA required three mandatory trainings for all staff on August 8th, 22nd, and August 28th. The components of this three part training include: ? YMCA code of conduct and appropriate staff to child behaviors according to YMCA standards as well as the Virginia Department of Social Services Standards ? Process of communication and confidentiality policies ? How to communicate requests for support ? Supervisory support in each classroom ? What active supervision looks like ? A CPS training presented by a licensed CPS agent.
Standard #:	22VAC40-185-410-1
Complaint related:	Yes
Description:	Based on review of videos, documentation, and interviews, the licensee failed to ensure that staff did not use a forbidden action of roughly handling a child. Evidence: 1. A video of the two year old classroom on July 2, 2019, revealed Staff #1 roughly handle a child in care. In the video a group of children sitting on a rug while Staff #1 is squatting and talking to a child sitting to the right of two-year old Child #1. While squatting, Staff #1 grabbed Child #1?s wrist, up by his eyes, and forced his hand down into his lap. Staff #1 then abruptly stood and picked up Child #1 by both upper arms while facing away from her, then placed her arm under Child #1?s arms and around his chest while his legs dangled unsupported and his back is pressed against her body. Staff #1 carried Child #1 out of the room in this manner. 2. In a subsequent video of the toddler classroom on July 2, 2019, Staff #1 brought Child #1 into the room through an adjoining door, still carrying the child with her arm, which is now just below his chest, and then attempts to place him in a feeding table seat. Staff #1 removed the child?s shoes, tossed them to the floor, and then attempted to place him in the seat. Staff #1 pulled Child #1 out of the seat when he did not easily slide in after the first attempt. Staff #1 then attempted to place Child #1 back into the seat, at which time he struggled and Staff #1 abruptly adjusted the his legs before finally placing Child #1 in the seat and then exiting the room. 3. A video of the two year old classroom, on July 1, 2019, revealed a group of children dancing and others scattered around the classroom. Staff #1 picks up two-year old Child #2 by his elbow while she pulled a chair from his grip, then placed her hand under his armpit and propelled him forward causing Child #2 to stumble downward onto the floor. Staff #1 then picked Child #2 up by both upper arms facing away from her, while his body dangled unsupported and carried him out of view of the camera. In addition, Staff #1 can be seen grabbing two-year old Child #4 by his sleeve when the child ran in the classroom. Staff #1 then quickly picked him up under both of his arms while facing her and firmly and quickly placed him on his bottom on a rug. Lastly Staff #1 grabbed two-year old Child #3 by the elbow area when Child #3 was running. Staff #1 held the child?s arm with her hand and pulled her across the room. Child #3 lost her footing twice due to the speed in which Staff #1 pulled her, and then Staff #1 swung the child around by her arm and roughly placed her down firmly on her bottom. 4. Staff #4 reported that in March 2019 there was an incident in which she thought Staff #1 was ?too rough? with Child #1. Staff #4 reported that Staff #1 ?jerked? him up and sat him down ?real hard?. Staff #4 also reported that Staff #1 grabbed another child so ?tight? around the back of the arm that bruising could have occurred and indicated seeing Staff #1 ?pulling? a child by the arm. Staff #8 reported that she thought Staff #1 was ?fed up and frustrated? on July 2, 2019 when she took Child #1 into the adjoining classroom. Staff #8 reported that Staff #1 walked quickly and wanted to get Child #1 ?out? of the classroom. Staff #1 reported that she took Child #1 into the adjoining toddler classroom because he needed to ?calm down? and that she reported to Staff #6 that she put him in the feeding table chair so he could calm down and then he could return to her classroom. 5. Documentation dated August 16, 2019, written by a child protection team medical professional, who reviewed the video dated July 2, 2019, reported that although a child was not injured it is "disconcerting and has the potential for injury because of the manner in which the children are being manhandled and would be recognized by a lay person as inappropriate interaction between a caretaker and child."
Plan of Correction:	Staff involved in complaint were placed on temporary, paid leave to review the allegations. Staff were terminated from the YMCA after review. Parents in this classroom were immediately notified of the complaint with a parent letter and complaint was self-reported to CPS. A parent meeting was announced to include all parents of children currently enrolled at the YMCA. The CEO of the Association as well as Directors within the Association led the Parent meeting on Tuesday, July 30th, 2019. Following the parent meeting, a letter was sent to all parents giving an overview of the feedback received and updates of the next actionable steps. The YMCA required three mandatory trainings for all staff on August 8th, 22nd, and August 28th. The components of this three part training include: ? YMCA code of conduct and appropriate staff to child behaviors according to YMCA standards as well as the Virginia Department of Social Services Standards ? Process of communication and confidentiality policies ? How to communicate requests for support ? Supervisory support in each classroom ? What active supervision looks like ? A CPS training presented by a licensed CPS agent.
Standard #:	22VAC40-185-410-2
Complaint related:	Yes
Description:	Based on review of videos and interviews, the licensee failed to ensure that staff did not use a forbidden action of enclosing a child in any space that the child cannot freely exit himself. Evidence:1. In a video of the toddler classroom on July 2, 2019, Staff #1 can be seen bringing two-year old Child #1 into the classroom through an adjoining door. Staff #1 then attempts to place the child in a feeding table seat, pulling Child #1 back out of the seat when he did not easily slide down into the seat after the first attempt. Staff #1 then attempted to place Child #1 back into the seat, at which time Child #1 struggled and Staff #1 abruptly adjusted the child?s legs before finally placing him in the seat and then exiting the room. 2. Staff #5 reported that when Staff #1 brought Child #1 into the toddler classroom she heard her say ?he needs some time out here for a while.? Staff #6 and Staff #7 reported that Child #1 sat in the feeding table seat for approximately 5 to 10 minutes at which time he stopped crying. 3. Staff #1 reported that she took Child #1 into the adjoining classroom because he needed to ?calm down? and that she reported to Staff #6 that she put him in the feeding table chair so he could calm down and then he could come back to her classroom once he calmed down. 4. Staff #4 and Staff #5 reported that there is a tree trunk in the two year old classroom that is normally used by all staff as the ?time out spot?. 5. Staff #8 reported that she thought Staff #1 was ?fed up and frustrated? on July 2, 2019 when she took Child #1 into the adjoining classroom. Staff #8 reported that Staff #1 walked quickly and wanted to get Child #1 ?out? of the two-year old classroom.
Plan of Correction:	Staff involved in complaint were placed on temporary, paid leave to review the allegations. Staff were terminated from the YMCA after review. Parents in this classroom were immediately notified of the complaint with a parent letter and complaint was self-reported to CPS. A parent meeting was announced to include all parents of children currently enrolled at the YMCA. The CEO of the Association as well as Directors within the Association led the Parent meeting on Tuesday, July 30th, 2019. Following the parent meeting, a letter was sent to all parents giving an overview of the feedback received and updates of the next actionable steps. The YMCA required three mandatory trainings for all staff on August 8th, 22nd, and August 28th. The components of this three part training include: ? YMCA code of conduct and appropriate staff to child behaviors according to YMCA standards as well as the Virginia Department of Social Services Standards ? Process of communication and confidentiality policies ? How to communicate requests for support ? Supervisory support in each classroom ? What active supervision looks like ? A CPS training presented by a licensed CPS agent.
Standard #:	22VAC40-185-570-A
Complaint related:	No
Description:	Based on observation, review of video and interviews, the licensee failed to ensure that when a child is placed in a high chair, the protective belt shall be fastened securely. Evidence: 1. A video of the toddler classroom on July 2, 2019, revealed that Staff #1 brought two-year old Child #1 into the classroom through an adjoining door and placed him in one of the eight seats in the feeding table in the classroom. Staff #1 cannot be seen fastening the protective belt. 2. The feeding table was observed and no protective belts were observed in the intended slots on any of the seats. 3. Administrator #1 reported that the feeding table was purchased used from another center and that it must not have come with the protective belts.
Plan of Correction:	Staff was reminded of the steps needed to ensure proper safety at the feeding table. Three missing straps were ordered and installed on 7/22/2019. The seating without straps was prohibited from used until installation.
Standard #:	22VAC40-191-60-C-2
Complaint related:	No
Description:	Based on a review of staff records, the licensee failed to obtain a central registry finding within 30 days of employment for one of two staff and employment was not discontinued. Evidence: 1. Staff #1's record, hired on October 18, 2018, contained a central registry finding dated January 16, 2019. There was no documentation in the record of any follow up with the office of background investigations when the results were not received within 30 days. However, there was an additional central registry finding in the record dated February 2, 2018, but not in compliance due to being more than 90 days prior to the date of employment.
Plan of Correction:	Results from the Central Registry were obtained and the employee was placed back on the schedule. We have since put new systems in place to secure a Staff File Cover Sheet to better track employee results from Central Registry.
Standard #:	63.2(17)-1720.1-B-2
Complaint related:	No
Description:	Based on review of staff records, the licensee failed to obtain fingerprint results prior to employment for one of two staff. Evidence: 1. Staff #1?s record, hired on October 18, 2018, contained fingerprint results dated October 23, 2018 and therefore not prior to employment.
Plan of Correction:	We have placed a new system in place to assure that all fingerprinting results are obtained BEFORE the paid, mandated online training the YMCA provides. From this date on, no employee will begin the online training until fingerprinting results have been returned.