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Creative Learners Ed. Center
3200 Victory Blvd
3204 Victory Blvd
Portsmouth, VA 23702
(757) 485-0234

Current Inspector: Adrianna Walden (757) 404-2487

Inspection Date: Feb. 23, 2015 , March 16, 2015 and April 6, 2015

Complaint Related: No

Areas Reviewed:
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.
32.1 Report by person other than physician
63.2 Child Abuse and Neglect
63.2 Licensure and Registration Procedures
63.2 Facilities and Programs..
22VAC40-191 Background Checks (22VAC40-191)

Comments:
An investigation was initiated on 2/23/15 and completed on 4/6/15 in response to a self-reported incident that was received by the licensing office on 2/13/15. Interviews were conducted with multiple staff and a parent witness relating to the protection of a child in care. Records and applicable documentation were reviewed and the physical environment of the classroom was also inspected. The information gathered during the investigation resulted in multiple violations being cited (see violation notice). Please return a signed and dated copy of the reports to the licensing office within 10 calendar days of receipt. If you have any questions, you may contact your licensing inspector at (757) 491-3958.

Violations:
Standard #: 22VAC40-185-340-A
Description: Based on interviews with staff, a written incident report, staff record review and photographs, staff did not ensure a child's protection when supervising children. Evidence: 1. The licensee (Staff #3) self-reported to the licensing inspector on 2/13/15 that a 3 month old infant (child #1) was bitten in 3 locations on the face by a 17 month old (child#2) while in care at the facility on the same date. 2. Interviews with staff #2 who reported the incident and staff #1 who was supervising child #1 revealed that Staff #1 was supervising 4 children in care to include a 3 month old (child #1) a 17 month old (child #2), an 8 month old (child #3) and another 3 month old (child #4) when the incident occurred. There were no other staff present in the classroom or building at the time. Staff working in other age groups were located in an adjoined building, but with no inside direct access between the separate buildings and not within sight or sound of the infant and toddler group to assist, if needed. 3. According to interviews and the written incident report, Child #2 bit Child #1 while staff #1 was handing another infant (Child #3) in an infant carrier to her parent at pick up. 4. According to interviews, 3 infants and 1 toddler were in the care of Staff #1. Staff #1's back was to the children as she handed infant #3 to the child's parent. Child #1 was seated in an infant swing which was not moving at the time, several feet behind Staff #1. Staff #1 stated that as she was handing the infant in a carrier to the parent, she heard child #1 cry out in a manner that was not her regular cry but "a cry of pain". Staff #1 stated that she "immediately turned and went a few steps back" to the swing to check on Child #1. Child #2 was standing next to the swing. Staff #1 stated that there were what looked like 2 bite marks on child #1's forehead. After applying a cool compress, and some time had passed, she stated that there appeared to be 3 separate bite marks: 2 on the forehead and one on the infant's right cheek. 5. A photograph taken by staff #1 after applying a cold compress shows two round reddened areas covering most of the area on each side of the 3 month old's (child #1) forehead, each with 2 indentations of broken skin and other more shallow surface scratches. The right cheek also appears red with very faint scratches.

Plan of Correction: No Plan of Correction is being submitted at this time because an "Intensive Plan of Correction" (IPOC) is being required.

Standard #: 22VAC40-185-340-D
Description: Based on a review of records and interview, the licensee was unable to demonstrate that at least one staff member who meets the qualifications of program leader or program director is regularly present in the infant/toddler group. Evidence: 1. According to interviews, on 2/13/15, Staff #1 was working alone in the infant toddler building with 4 children in her care to include a 3 month old (child #1) a 17 month old (child #2), an 8 month old (child #3) and another 3 month old (child #4) when an incident occurred where a 3 month old infant was bitten by a 17 month old toddler. 2. The record for Staff #1, whose employment began at the center on 2/4/15, did not contain documentation of the required qualifications of a program leader when Staff #1's record was reviewed by the licensing inspector on 2/23/15. 3. When records were reviewed again on 3/16/15 and a third time on 4/6/15, transcripts or training to show that this staff was qualified for the position of Program Leader or Program Director were still not available. The Director / Owner (Staff #3) stated that she had requested Staff #1's transcripts from her several times since she was hired but that they had not yet been provided to her.

Plan of Correction: No Plan of Correction is being submitted at this time because an "Intensive Plan of Correction" (IPOC) is being required.

Standard #: 22VAC40-191-60-C-1
Description: Based on a review of records, the licensee did not ensure that each employee or volunteer is denied continued employment or volunteer service if the employee does not have an original criminal history record report within 30 days of employment. Evidence: 1. At the time of record review on 2/23/15, the licensee was unable to provide results of a completed Criminal History Record Check for Staff #1, whose employment began at the center on 2/4/15. A copy of the original request form that was submitted to the State Police was in the record and was dated as having been submitted 2/10/15. 2. When Staff #1's record was reviewed by the licensing inspector again on 3/16/15, the results of the CRC were still not available. More than 30 days had elapsed since Staff #1began employment. When asked on 3/16/15 if she had followed up to inquire about the pending results, staff #3 stated 'I haven't called yet'. 3. Staff #3 verified that Staff #1 was still employed at the center at the time of the record review on 3/16/15 and that she was still employed at the center when asked again on 4/6/15 during the continued investigation / inspection.

Plan of Correction: No Plan of Correction is being submitted at this time because an "Intensive Plan of Correction" (IPOC) is being required.

Standard #: 63.2-1720-F
Description: Based on a review of records and interview, the licensee did not ensure that new employees are not permitted to work in a position that involves direct contact with a child receiving services until an original criminal record clearance or original criminal history record has been received, unless such person works under the direct supervision of another employee for whom a background check has been completed in accordance with the requirements of this section. Evidence: 1. According to interviews, on 2/13/15, Staff #1 was working alone in the infant toddler building with 4 children in her care to include a 3 month old (child #1) a 17 month old (child #2), an 8 month old (child #3) and another 3 month old (child #4) when an incident occurred where a 3 month old infant was bitten by a 17 month old toddler. 2. The licensee was unable to provide results of a completed Criminal History Record Check for Staff #1, whose employment began at the center on 2/4/15, when Staff #1's record was reviewed by the licensing inspector on 2/23/15 and again on 3/16/15. A copy of the original form that was submitted to the State Police was in the record and was dated as having been submitted 2/10/15. However, staff #3 confirmed that the results of the Criminal History Record Check had not been received back. 3. The infant/toddler building is adjoined to the larger two-year-old / preschool building but does not have direct indoor access between buildings and is not in sight or sound of other staff working in the two-year-old / preschool building. Therefore, there were not any other staff present to directly supervise Staff #1 in the infant room when the incident occurred on 2/13/15.

Plan of Correction: No Plan of Correction is being submitted at this time because an "Intensive Plan of Correction" (IPOC) is being required.

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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