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Kellys Kare Academy
4604 Pembroke Lake Circle
Suite 108
Virginia beach, VA 23455
(757) 228-3443

Current Inspector: Chris Robinson (757) 404-2322

Inspection Date: Oct. 16, 2017

Complaint Related: Yes

Areas Reviewed:
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 PROGRAMS.
22VAC40-185 SPECIAL SERVICES.
22VAC40-191 Background Checks (22VAC40-191)

Comments:
The Licensing Inspector conducted an unannounced complaint inspection on 10/16/17 with the local police department in response to a complaint that was received by the Licensing office on 10/11/17. Interviews were conducted and documentation was reviewed relating to behavior guidance and forbidden actions. The information gathered during the investigation supports the allegation, so the complaint is determined to be "valid". Areas of non-compliance are identified on the violation notice.

Violations:
Standard #: 22VAC40-185-410-1
Complaint related: Yes
Description: Based on interviews and a review of documentation, it was determined that the facility did not ensure that the striking of a child by staff was forbidden. Evidence: 1. On October 10, 2017, staff #1 physically struck child #1 in the School Age classroom at the facility. 2. During an interview on October 16, 2017 with a detective from the local police department and in a written statement provided to the Licensing Inspector, staff #1 stated that child #1 threw a pencil at her and hit her in the face while they were seated at the table in the School Age classroom. Her immediate reaction was to say "Hey" and that she lifted her right hand and swiped child #1 on the left shoulder and the lower left of his cheek. 3. The parent of child #1 stated that child #1 said staff #1 hit him in the face.

Plan of Correction: The facility responded: 1. The plan of action for this violation was purely in a defensive manner an immediate reaction for stopping another flying pencil from coming across the table. In violation 22VAC40-185-6-410-1 it states that (6) that a verbal remark which was demeaning to the child. My only response to the child was ?Hey? as I lifted my hand to stop anymore pencils that may have come across the table. Part (1) of the violation states Physical punishment, striking a child, roughly handling or shaking a child, restricting movement through binding or tying, forcing a child to assume an uncomfortable position, or exercise as punishment. None of those thing occurred during this exchange from the child and staff, the lifting of my hand and a brief ?Hey? to the child who was acting out and to protect my face from another pencil I merely raised my hand and in the process brushed the shoulder and cheek of the child, the parent and child implied that I smacked the child and that is untrue. A plan of correction is To assure that this and any other incidents does not take place in the center again video cameras were installed throughout the daycare on November 1st 2017. For all safety involved of students and staff.

Standard #: 22VAC40-185-570-B
Complaint related: No
Description: Based on observation, it was determined that the facility did not ensure that that bottles are used while in the designated sleeping location. Evidence: 1. When the Licensing Inspector entered the facility, there were three children in the Infant classroom that were drinking a bottle while in their designated sleeping location (crib). 2. Staff #2 confirmed that the three children were drinking from a bottle in their crib.

Plan of Correction: The facility repsonded: The plan of correction is as follows, This violation has been thoroughly reviewed and discussed with my staff and my inspector for better understanding; we will assure from this day forth if a child is in the crib they shall not have any bottles or Sippy cups in the cribs. Staff has been warned and informed that repeat of this action will result in disciplinary actions.

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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