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Colonial Day School Incorporated
6510 N. Military Highway
Norfolk, VA 23518
(757) 855-0333

Current Inspector: Emily Walsh (757) 404-2575

Inspection Date: Aug. 16, 2016 , Aug. 26, 2016 and Sept. 27, 2016

Complaint Related: No

Areas Reviewed:
63.2 Child Abuse and Neglect
63.2 Licensure and Registration Procedures
63.2 Facilities and Programs..
22VAC40-191 Background Checks (22VAC40-191)

An investigation was initiated on 8/16/2016 in response to a self reported incident involving inappropriate staff interaction with a child. This included three on site visits on 8/16/2016, 8/26/2016 and 9/27/2016. During the course of this investigation a second self reported incident regarding termination of care was received and investigated as well. The following staff to child ratios were reviewed: 8/16/2016: *2's - 16 x 2 staff, *3's & 4's - 24 x 2 staff (nap) , *SA - 13 x 2 staff 9/27/2016: *2's - 14 x 2 staff, *3's & 4's - 17 x 3 staff The inspector reviewed the following areas of CDC standards: lunch, nap, hand washing, diapering & sanitizing, medication, outdoor play areas, injury documentation, written procedures for supervision and behavior guidance, staff training & qualifications, the posted menu, documentation of emergency practice drills, three staff records and three children's records. Based upon the information gathered during the investigation, a violation has been cited for forbidden action related to the first incident reported. No violations were cited related to the second incident. Please complete the "plan of correction" for each violation cited on the violation notice and return it to me within 10 calendar days from today. You will need to specify how the deficient practice will be or has been corrected. Just writing the word "corrected" is not acceptable. Your plan of correction must contain: 1) steps to correct the noncompliance with the standard(s), 2) measures to prevent the noncompliance from occurring again; and 3) person(s) responsible for implementing each step and/or monitoring any preventive measure(s).

Standard #: 22VAC40-185-410-1
Description: Based on interview and record review, the center failed to ensure that staff did not rough handle and inflect physical punishment upon a child as demonstrated by the following incident that occurred at 11:00am on 7/26/2016: Evidence: Staff #1 reported that a three-year old child (child #1) had asked for seconds at lunch time. While the food was being heated up, child #1 was sitting at the table playing with his plastic spoon. Staff #1, who was putting cots down, noted that child #1 was playing with his spoon by rubbing it and banging it on the table. Staff #1 additionally noted that the spoon had somehow broken off into a sharp V point. Staff #2 stated that child #1 had broken the plastic spoon into a V and was using it to play with other children at the table. 1. Staff #1 observed staff #2 walk over to child #1 and take him by the arm and pull him around toward her. While holding him by one arm, she took the spoon away from him as she grabbed his right arm and used the spoon to dig into his skin. Staff #2 told child #1: "This is how it hurts, this how it hurts, you don't do this to anyone else." a. Staff #2 immediately left the room with the spoon in her hand. b. Child #1 was crying and staff #1 noted that the spoon had left two scratches on his arm which were slightly bleeding. 2. Child #1 stated that he had broken the spoon while playing with it at the table. Child #1 reported that staff #2 had taken the spoon from him and the following occurred: a. Child #1 recalled, "She took the spoon and she scratched me." " She cut me through and I saw a boo boo on my arm." b. "She just took it and she scratched me." "It was hurting." 3. Staff #3 reported, that she was standing behind a small partition putting food away when she heard child #1 say the following: a. "Don't" "Stop" b. Staff #3 reported she observed staff #2 quickly leave the classroom at which time child #1 came over to her and said that he had been scratched by staff #2. c. Staff #3 noted that child #1 had a red scratch like mark on his face and two red scratch marks on his arm that were bleeding slightly. 4. Interviews with child #2 and child #3 revealed that they had observed staff #2 use the spoon to "hurt child #1." 5. Staff #2 confirmed there were two scratches on child #1's arm which she observed after she returned to the classroom. Staff #2 stated the scratches were red but were not bleeding however, she did take him to the office where the area was cleaned with water and a bandage was applied.

Plan of Correction: We certainly regret employee #2 behaved in such an inappropriate way. Within moments of the occurrence we notified the parent of what had happened. The Director informed the parent what had happened to the best of her knowledge. The parent was appreciative of the information and conveyed her confidence that we would handle the matter in the most appropriate way.
Employee #2 was immediately placed on administrative leave pending the results of a deeper fact finding inquiry. By the next day the inquiry was completed and the decision was made to terminate employee #2. (The employee had been on staff for many years without any history of similar incidents.)
All of our staff, including employee #2 have been well trained and are very knowledgeable as to what is appropriate redirection when a child is posing harm to himself or others. Why employee #2 did not do what she had been trained to do, I still do not understand. But going forward we have committed to taking the following steps:
? We have retained Dr. LaVern Theus, a local childcare expert, to retrain all of our staff in proper redirection techniques. Even though none of the other staff were involved in this incident it can always be beneficial to have staff reminded of appropriate techniques in the classroom.
We are grateful that the child and his family have chosen to remain with us, and we are pleased that employee #1 DID do the appropriate thing and report the incident quickly and directly to the Director. We truly do not know how to keep an employee from suddenly behaving inappropriately, when there has been no track record of this behavior. Any suggestions on this are most welcome.
Also, although this may be unrelated, this matter did occur during our busy transition time from lunch to rest period. The room was appropriately staffed within ratio requirements, we also feel that the retraining of staff to handle transition times would also be needed and Dr. Theus will cover this in the above mentioned workshop.
In summary:
? Employee # 2 was terminated
? All staff are being retrained on redirecting techniques on November 15, 2016
? All Staff are being reminded of unacceptable behavior
? All staff are being retrained on transitional time strategies


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.

Virginia Quality is a voluntary quality rating and improvement system for early care and education facilities serving children ages birth through pre-K. Eligible child care facilities must be fully licensed, licensed exempt and a VDSS subsidy vendor, or a voluntary registered day home and a VDSS subsidy vendor. Only programs enrolled in Virginia Quality will display a rating. Virginia Quality contact information for your region is available at the following link Regional Contacts.