VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Gentle Touch Learning Center LLC
3621 Turnpike Road
Portsmouth, VA 23707
(757) 399-5437

Current Inspector: Emily Walsh (757) 404-2575

Inspection Date: March 29, 2018

Complaint Related: Yes

Areas Reviewed:

22VAC40-185 ADMINISTRATION. 22VAC40-185 PHYSICAL PLANT. 22VAC40-185 STAFFING AND SUPERVISION.

Comments:

An investigation of a complaint received on March 23, 2018 was initiated on March 27, 2018 with a site investigation on March 29, 2018. Three staff on duty on March 29, 2018 were interviewed. The complainant alleged violations in the areas of supervision, forbidden action, behavior management, physical plant issues, staff quantity, staff qualifications, napping procedures, and children's injuries and illnesses. The investigation included interviews, observation and records review. Violations were found in the following areas of the standards: Administration, Staffing and Supervision and Physical Plant. Violations are individually identified and detailed on the Violation Notice. An exit meeting was conducted on 5/29/2018 to review the violations cited. The department reserves the right to re-open this complaint should additional information become available.

Violations:

Standard #:	22VAC40-185-40-E
Complaint related:	No
Description:	Based upon observation and interviews, the Licensee has not demonstrated operational responsibility for ensuring that the center?s activities, services and facilities are maintained in compliance with the standards and the center?s own policies and procedures that are required by the standards. Evidence: Violations were found in three of eight areas of the standards for licensed child day centers, to include administration, physical plant and staffing and supervision. Violations cited require a level of responsibility, knowledge, skills, and/or abilities beyond those of direct care staff or aides to address. The authority, resources and supervision of a licensee are needed as the care, safety and well-being of the children enrolled is impacted by the violations.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-70-A
Complaint related:	No
Description:	Based upon review of three staff records, the facility has not ensured that all required information is documented in the staff records. Evidence: The record provided for staff 4 did not include two references obtained prior to hire. There were only dates beside reference names given on the application, but no other information was documented.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-270-A
Complaint related:	Yes
Description:	Based upon observation and staff interview, the facility has not ensured that areas and equipment of the center are maintained in a clean, safe and operable condition. Evidence: 1. In classroom 2 in which there are two through four year old children, there is a screw sticking out of the wall 1/4 inch at child height (3 feet from floor) that could snag a child. Staff 1 stated that there used to be a bulletin board hanging there. 2. Also in classroom 2, there are 4 industrial staples and a nail sticking out from the walls at child height. In addition, there is a wooden corner cover on one wall that is coming off and has broken, leaving jagged edges. 3. On the changing table in the main hallway directly across from the children's hand washing sinks, there are rubber corner protectors that were attached by staples that have broken, leaving sharp edges that could injure a child. 4. The vinyl on the rest mats labeled for use by enrolled children numbers 1, 5, 6, 7, 8, and 9 are torn and, thus, cannot be effectively sanitized.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-280-B
Complaint related:	No
Description:	Based upon observation, the facility has not ensured that hazardous substances are kept in a locked place using a safe locking method that prevents access by children. Evidence: 1. The changing table is located in the main hallway directly across from the children's hand washing sinks. Staff 1 was observed moving the changing table out from the wall to reach onto an open shelf below the changing surface to get a spray bottle labeled bleach water. Staff 1 verified that the spray bottle contained bleach water, as labelled, and that it's storage on the shelf was not in a locked location. 2. . The inspector was able to open the locks on the doors to the janitorial and chemical storage closets using a fingernail. Staff 2 and staff 4 verified that they are aware that children can open the locks on the closet doors.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-290-3
Complaint related:	No
Description:	Based upon observation, the facility has not ensured that electrical outlets have protective covers. Evidence: An outlet in the pass-through area between the classroom and the exit door to the playground was not covered with a protective cover. The children were observed during the inspection passing through this area on their way to the playground.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-340-A
Complaint related:	Yes
Description:	Based upon observation and interviews, the facility has not ensured that when staff are supervising children, they shall always ensure their care, protection and guidance. Evidence: 1. Staff 2, 3, and 4 stated that child #1 and child #2, both aged three years, have behaviors that are affecting the care and safety of the remaining children in care. The behaviors reported included hitting, spitting, flipping over chairs and the use of foul language. Staff stated that these behaviors, that place both child #1 and child #2, as well as the other children in care in danger, have been occurring daily since February and, although reported to management, they have not been notified of any plan(s) of action to assist. 2. At 1:10 PM on 3/29/18, child 1 was observed standing on top of chairs that were stacked on top of a green table in classroom 2. Additional children were in the classroom (L shaped classroom identified as classrooms 2, 3 and 4). Staff 2 and 3 were tending to children in the adjoining areas, rooms 3 and 4, and took no action to stop the child's behavior or guide the child to appropriate activity. 3. During lunch and transition to bathrooms and nap time on 3/29/18, several children, including children 1 and 2, were observed running around the classroom, pushing and hitting each other. Staff 2 was putting out cots and staff 3 was in the hallway with those children washing and brushing their teeth. These behaviors continued throughout the entire transition time of ten minutes. Neither staff 1 nor staff 2 took action to guide the children into safe and appropriate activities.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-340-D
Complaint related:	Yes
Description:	Based upon review of the staff records and staff interview, the facility has not ensured that in each grouping of children, at least one staff member who meets the qualifications of a program leader or program director is regularly present. Evidence: 1. It was reported by staff that in the mornings prior to 3/20/2018, staff 2 was alone with a grouping of children in the middle classroom while staff 4 was alone with a grouping of children in the back classroom. The record provided for staff 2 did not contain documentation of program leader qualifications. The record provided for staff 4 did not include documentation of program leader qualifications. 2. Both staff 2 and staff 4 stated in interview that they were not program leaders, but that they were left alone, each with a separate grouping of children. Staff 2 confirmed that she is currently in training to become progam leader qualified. 3. Both staff 2 and staff 4 stated that staff 1, who is program leader qualified, prepared the lesson plans, but was not regularly present in either classroom in the mornings.
Plan of Correction:	Not available online. Contact Inspector for more information.
Standard #:	22VAC40-185-340-F
Complaint related:	No
Description:	Based upon observation, the facility has not ensured that children under ten years of age are always within actual sight and sound supervision of staff. Evidence: 1. After morning snack on 3/29/18, child 2 and child 3, both three years old, were observed running up the hallway to the front room that exits directly to the parking lot and a major highway. Staff 2 and 3 were in the classroom at the back end of the hallway. The two children remained in the front room unattended for approximately three minutes before staff 1, who was in the office area, discovered the children and brought them back to the back classroom. 2. At 1:03 PM on 3/29/18, child 1, three years old, was observed running up the hallway from the back classroom to the front room that exits directly to the parking lot and a major highway. Staff 2 and 3 remained in the back classroom. Child 1 was unattended as he rode a small car around the room for four minutes before staff came up front and guided the child back to his classroom.
Plan of Correction:	Not available online. Contact Inspector for more information.