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Backyard Bears Day School
360 E. Virginia Avenue, Suite 2
Vinton, VA 24179
(540) 819-2928

Current Inspector: Rebecca Forestier (540) 309-2835

Inspection Date: Oct. 12, 2017

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.
63.2 Licensure and Registration Procedures
63.2 Facilities and Programs..
22VAC40-191 Background Checks (22VAC40-191)

Comments:
An unannounced non-mandated inspection was conducted on 10/12/2017. There were 21 children, ages 4 months- 5 years, and 4 staff providing direct care and supervision present during today?s inspection. The inspector reviewed 5 children?s records and 6 staff records during the inspection. There is no medication being administered at this facility. The children were observed in the following activities: circle time, free choice/center play, bottle feeding, lunch and nap. Diapering was also observed during the inspection. The following topics were discussed with staff during the inspection: ensuring all staff completes the Virginia Preservice Training, CPR and First-Aid within 90 days of the vendor approval, procedures for moving children to older age groups, infant documentation requirements, required staff training, and the risk assessment matrix. The inspector arrived at 9:05 a.m. and departed at 1:45 p.m. The inspection documents were e-mailed to the licensee for review on 10/18/2017. An exit interview took place on 10/20/2017 to discuss areas of non-compliance; the inspector arrived at 7:35 a.m. and departed at 9:00 a.m. Thank you for your time today. If you have any questions, please contact Becky Forestier at 540-309-2835.

Violations:
Standard #: 22VAC40-185-160-A
Description: Based on record review and discussion with staff, the facility failed to ensure that each staff member shall submit documentation of a negative tuberculosis screening no later that 21 days after employment. Evidence: 1. The record for Staff #2 did not contain documentation of a negative tuberculosis screening. The date of hire for Staff #2 was 08/14/2017. Staff #2 was working the day of the inspection. 2. The record for Staff #5 did not contain documentation of a negative tuberculosis screening. The date of hire for Staff #5 was 09/19/2017.

Plan of Correction: All tuberculosis screenings are now on record.

Standard #: 22VAC40-185-60-A
Description: Based on record review and discussion with staff, the facility failed to ensure that all children records contain the requirements as stated in the standards. Evidence: 1. The record for Child #1 did not contain the following required information: Name, address and phone number of two designated people to call in an emergency if a parent cannot be reached, allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency situation, previous child day care and schools attended by the child, documentation of viewing proof of the child's identity and age, and the first date of attendance. 2. The record for Child #2 did not contain the following required information: documentation of viewing proof of the child's identity and age. 3. The record for Child #3 did not contain the following required information: allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency situation, previous child day care and schools attended by the child, documentation of viewing proof of the child's identity and age, and the first date of attendance. 4. The record for Child #4 did not contain the following required information: allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency situation and documentation of viewing proof of the child's identity and age. 5. The record for Child #5 did not contain the following required information: the child's sex, allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency situation, and documentation of viewing proof of the child's identity and age.

Plan of Correction: All parents were required to complete the DSS model form and proof of the child's identity are now on record.

Standard #: 22VAC40-185-70-A
Description: Based on record review and discussion with staff, the facility failed to ensure that staff record contained the requirements as stated in the standards. Evidence: 1. The record for Staff #1 did not contain the following required information: verification of age requirement, job title, documentation that two or more references as to character and reputation as well as competency were checked before employment, and written information to demonstrate that the individual possesses the education, staff development, certification and experience required by the job position. 2. The record for Staff #2 did not contain the following required information: verification of age requirement, job title, 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 written information to demonstrate that the individual possesses the education, staff development, certification and experience required by the job position. 3. The record for Staff #4 did not contain the following required information: verification of age requirement, job title, date of employment (provided by Program Director upon request), documentation that two or more references as to character and reputation as well as competency were checked before employment and and written information to demonstrate that the individual possesses the education, orientation training, staff development, certification and experience required by the job position. 4. The record for Staff #5 did not contain the following required information: verification of age requirement, job title, date of employment (provided by Program Director upon request), documentation that two or more references as to character and reputation as well as competency were checked before employment, and written information to demonstrate that the individual possesses the education, staff development, certification and experience required by the job position. 5. The record for Staff #6 did not contain the following required information: verification of age requirement, job title, date of employment (provided by Program Director upon request), documentation that two or more references as to character and reputation as well as competency were checked before employment and and written information to demonstrate that the individual possesses the education, orientation training, staff development, certification and experience required by the job position.

Plan of Correction: The Program Director created a new form for all employees to complete to ensure all required components are met.

Standard #: 22VAC40-185-240-D-5
Description: Based on record review and discussion with staff, the facility failed to ensure that there shall always be at least one staff member on duty who has obtained within the last three years instruction in performing the daily health observation of children. Evidence: There was no documentation that any staff member has received instruction on performing the daily health observation of children. The program director stated that no one has participated in the training to date but that a training has been scheduled for November. There was no staff member on duty trained in performing the daily health observation of children.

Plan of Correction: The Program Director has completed the training and will train the remaining staff on Daily Health Observation.

Standard #: 22VAC40-185-280-B
Description: Based on observation, the facility failed to ensure that all hazardous substances such as cleaning materials, shall be kept in a locked place using a locking method that prevents access by children. Evidence: 1. There was an unlabeled clear plastic bottle of cleaning solution on the ledge of the half wall that separated the kitchen area from the 2 year old classroom that was accessible to the children. The staff stated that the bottle contained a cleaning material. 2. The door to the kitchen, which is located inside the 3-4 year old classroom, was unlocked. The kitchen contained cleaning materials that were not locked up inside of the kitchen. 3. A child was observed opening the door of the kitchen and going into the kitchen to get a cup. The child was removed but repeatedly attempted to get back into the kitchen to get a cup. The children had were able to gain access to the cleaning materials located inside of the unlocked kitchen area.

Plan of Correction: All chemicals have been locked up and a hasp lock has been installed on the top of the kitchen door to prevent children from entering the kitchen.

Standard #: 22VAC40-185-280-D
Description: Based on observation and discussion with staff, the facility failed to ensure that cleaning and sanitizing materials shall not be located above food, food equipment, utensils or single-service articles and shall be stored physically separate from food. Evidence: 1. The shelving unit inside of the kitchen area had an unlabeled bottle of cleaning solution on the top shelf located directly beside a box of Cheeze-Its, the shelves below the cleaning solution contained various food serving equipment and utensils such as sippie cups, bowls, plates and utensils. The bottom shelf of the unit contained food such as loaves of bread, boxes of graham crackers, and various boxes of cookies. 2. The locked changing table in the infant room contained an opened (no top to the container) clear plastic container with Lysol Wipes and an aerosol spray bottle of Lysol located directly above an opened (no top to the container) clear plastic container of diapers. The diapers were not in the original packaging, they had been removed from the original packaging and placed into the opened clear plastic container.

Plan of Correction: All chemicals have been moved and are being kept separate from food, food serving items and single use items.

Standard #: 22VAC40-185-280-G
Description: Based on observation, the facility failed to ensure that when hazardous substances are not kept in the original containers that the substitute containers shall be clearly labeled to indicate their contents. Evidence: 1. There was a clear plastic spray bottle with a cleaning solution located on the top shelf of a shelving unit in the kitchen area. The bottle had a label with a date the solution was mixed but did not have a label to indicate the contents of the bottle. 2. There was a clear plastic spray bottle with a cleaning solution located on the ledge of the half wall that separated the kitchen area from the 2 year old classroom. The bottle had a label with a date the solution was mixed but did not have a label to indicate the contents of the bottle. 3. The staff stated that they bottles contained a cleaning solution.

Plan of Correction: All bottles have been labeled.

Standard #: 22VAC40-185-340-D
Description: Based on observations, record review and discussion with staff, the facility failed to ensure that in each grouping of children at least one staff member meets the qualifications of a program leader. Evidence: 1. Staff #1 and Staff #6 were providing direct supervision to the Infant Class; there was no documentation that Staff #1 or Staff #6 met the qualification of a Program Leader in the staff records. The Program Director stated that Staff #1 was the Program Lead for the infant class. 2. Staff #2 was providing direct supervision to the 2 Year Old Class; there was no documentation that Staff #2 met the qualification of a Program Leader in the staff record. The Program Director stated that Staff #2 was the Program Lead for the 2 Year Old Class.

Plan of Correction: Program Lead verification has been added to the Employee Form and is in the employee file. The Program Director will have all necessary documentation verifications in the file.

Standard #: 22VAC40-185-350-E-2
Description: Based on observation and discussion with staff, the facility failed to maintain the required one staff member for every 5 children for children ages 16 months to 2 years. Evidence: The designated 2 Year Old Class had a total of 7 children present during the inspection. There was one staff member providing direct supervision to the 7 children. One of the 7 children in the designated 2 Year Old Classroom was 21 months old the day of the inspection, requiring a ratio of one staff member for every 5 children.

Plan of Correction: In the future if children will be moved to the next age class, the required documentation will be on file or the child will remain in the proper age group.

Standard #: 22VAC40-185-550-D
Description: Based on observation and discussion with staff, the facility failed to ensure that practice evacuation drills were conducted monthly. Evidence: The facility did not conduct a practice evacuation drill for the month of August. The facility's first day of operation was August 14, 2017. The program director stated she was under impression that the drill had to be done within the first 30 days of operation and did not realize that a drill should have been done in August. The first evacuation drill was done in the month of September.

Plan of Correction: The Program Director created a new evacuation drill log and will conduct and document the drills as required.

Standard #: 22VAC40-185-570-C
Description: Based on document review and discussion with staff, the facility failed to ensure that for each child on formula there shall be a record to indicate the brand of formula used and the child's feeding schedule. Evidence: 1. There was no documented record of formula brand or feeding schedule for any of the 6 infants in care on the day of the inspection. 2. The staff of the facility stated that they were unaware that this information was required and they have not established a procedure for obtaining this information from parents/guardians.

Plan of Correction: A form was created and all parents have completed the paperwork to indicate the type of formula and the feeding schedule.

Standard #: 22VAC40-185-570-E
Description: Based on observation and discussion with the staff, the facility failed to ensure that all prepared infant formula shall be refrigerated, dated and labeled with the child's name. Evidence: There were 2 (two) bottles containing prepared infant formula in the infant room, one sitting out on a table and one sitting on top of a cabinet, that were not labeled with a child's name and did not have a date on them.

Plan of Correction: The staff have been trained on labeling and dating all bottles. A refrigerator has been added to the infant room for proper storage.

Standard #: 22VAC40-185-570-H
Description: Based on observations and discussion with staff, the facility failed to ensure that when prepared baby food is served out of the baby food jar, that it is discarded after the feeding or returned to the parent at the end of the day. Evidence: There was an opened, undated container of baby food located on the food shelf in the infant room. The container was not discarded after being used nor was it dated and placed into a refrigerator for the return to the parent after use.

Plan of Correction: All unused baby food will be discarded at the end of each meal. A refrigerator has been added to the infant room for proper storage.

Standard #: 22VAC40-191-60-B
Description: Based on record review and discussion with staff, the facility failed to ensure that an employee of a licensed program must not be employed until the agency has the person's completed sworn statement or affirmation. Evidence: 1. The record for Staff #4 did not contain a sworn statement or affirmation. The staff record did not indicated a hire date, the Program Director stated that the hire date for Staff #4 was 09/25/2017. The Program Director stated that Staff #4 had been working at the facility since 09/25/2017. 2. The record for Staff #5 did not contain a sworn statement or affirmation. The staff record did not indicated a hire date, the Program Director stated that the hire date for Staff #4 was 09/19/2017. The Program Director stated that Staff #5 had been working at the facility since 09/19/2017.

Plan of Correction: All staff have completed sworn statements and it has been placed in their staff files. All new hires will complete sworn statements before their first day of work.

Standard #: 22VAC40-191-60-C-1
Description: Based on record review and discussion with staff, the facility failed to ensure that all employes have an original criminal history record report within 30 days of employment. Evidence: 1. The record for Staff #5 did not contain a completed criminal history record report returned within the required 30 days and there was no documentation that the program director had followed-up with the Virginia State Police. The staff record did not contain a hire date, the Program Director stated that Staff #5's hire date was 09/19/2017.

Plan of Correction: The Program Director has resubmitted the background check and placed a copy of the new request in the staff record.

Standard #: 22VAC40-191-60-C-2
Description: Based on record review and discussion with staff, the facility failed to ensure that all employes have an original search of the central registry report within 30 days of employment. Evidence: 1. The record for Staff #5 did not contain a completed search of the central registry within the required 30 days and there was no documentation that the program director had followed-up with the Office of Background Investigations. The staff record did not contain a hire date, the Program Director stated that Staff #5's hire date was 09/19/2017.

Plan of Correction: The Program Director has resubmitted the background check and placed a copy of the new request in the staff record.

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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