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The Garden of Children
4 Hoopes Road
Newport news, VA 23602
(757) 877-7251

Current Inspector: Christine Mahan (757) 404-0568

Inspection Date: May 21, 2019

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.
22VAC40-191 Background Checks (22VAC40-191)
63.2(17) License & Registration Procedures

Comments:
An unannounced Renewal Inspection was conducted on May 21, 2019 to review supplemental health and safety requirements. The inspection began on or about 11:45 am and ended on or about 5:30 pm. Twelve staff were present with sixty-seven children. Seven children's records and eight staff records were reviewed. Four medications were reviewed and two center vehicles were inspected. The results of the inspection were reviewed and verified with the center director during the exit interview. Areas of non-compliance are identified on the violation notice. Please complete the columns for description of action to be taken and date to be corrected for each violation cited on the violation notice, and then return a copy to the licensing office within 5 days of receipt. Please contact the Licensing Inspector, Christine Mahan at (757) 404-0568 with any questions.

Violations:
Standard #: 22VAC40-185-140-A
Description: Based on record review and interviews, the licensee did not ensure two of seven children's records contained documentation of a physical examination by or under the direction of a physician and was placed in the record within one month after attendance. Evidence: The physical was missing from the following children's records and was verified by the center director. 1. The record for child #1 (start date 4-5-19) did not have documentation of physical. 2. The record for child #4 (start date 3-4-19) did not have documentation of physical.

Plan of Correction: Director will ensure physicals are obtained (May 22nd)

Standard #: 22VAC40-185-60-A
Description: Based on record review and interviews, the licensee did not ensure two of seven children's records have all required documentation. Evidence: The following information was missing from children's records and was verified by the center director. 1. The record for child #1 did not have documentation of physician's phone number, the address for both emergency contacts was missing the city, state and zip code and the home address for one parent was missing the city, stet and zip code. 2. The record for child #3 did not have documentation of one parents, home address, home phone number, employment phone number and employment location.

Plan of Correction: Director will obtain necessary information (May 22nd)

Standard #: 22VAC40-185-240-C
Description: Based on record review and interviews, the licensee did not ensure one of eight staff records contained documentation of annual training. Program directors and staff who work directly with children shall annually attend 16 hours of staff development activities that shall be related to child safety and development and the function of the center. Evidence: The center director verified the record for staff #8 only contained documentation of 9 hours of annual training.

Plan of Correction: Director will ensure all staff has the amount of training hours required by licensing (June 15th)

Standard #: 22VAC40-185-280-B
Description: Based on observation and interviews, the licensee did not ensure hazardous substances such as cleaning materials, insecticides, and pesticides shall be kept in a locked place using a safe locking method that prevents access by children. Evidence: Hazardous chemicals labeled "keep out of reach of children' and at least one of the other statements "caution", "flammable" and "hazardous" were observed stored in an unlocked manner in the following classrooms. 1) In the "Pink" room in an unlocked cabinet above the changing table there was a container of disinfectant and cleaner. 2) In the "Orange" room sitting on the refrigerator was a spray bottle of cleaner.

Plan of Correction: Director will retrain staff to ensure all cleaning materials are kept locked in the cabinet when not in use (May 22nd)

Standard #: 22VAC40-185-280-G
Description: Based on observation and interviews, the licensee did not ensure if hazardous substances are not kept in original containers, the substitute containers shall clearly indicate their contents and shall not resemble food or beverage containers. Evidence: In the 'Blue" a center staff was observed using a spray bottle labeled "wash" and a spray bottle labeled "sanitize" and the contents were not labeled on the bottles. The larger container holding the "wash" liquid and "sanitize" liquid were reviewed and they are labeled "keep out of reach of children" and at least one of the other statements "caution", "hazardous", "flammable".

Plan of Correction: Director will ensure all cleaning bottles are labeled appropriately (May 22nd)

Standard #: 22VAC40-185-330-B
Description: Based on measurements and observations, the licensee did not ensure that where playground equipment is provided, resilient surfacing shall comply with minimum safety standards. The surfacing shall be under equipment with moving parts or climbing apparatus to create a fall zone free of hazardous obstacles. Fall zones are defined as the area underneath and surrounding equipment that requires a resilient surface. A fall zone shall encompass sufficient area to include the child's trajectory in the event of a fall while the equipment is in use. Falls zones shall not include barriers for resilient surfacing. Where steps are used for accessibility, resilient surfacing is not required. Evidence: The plastic composite piece of outdoor playground equipment with two slides has insufficient resilient surfacing in the established fall zone. There is only between 2 1/2 and 3 feet of resilient surfacing for the blue slide and between 3 and 4 feet of surfacing for the green slide, in the fall zone, around the slides and at the base of the slide chutes. There shall be at least a minimum of 6 feet of resilient surfacing in the established fall zone.

Plan of Correction: Director will order additional mulch to comply with licensing guidelines (June 15th)

Standard #: 22VAC40-185-500-B
Description: Based on observation and interviews, the licensee did not ensure the required diapering supplies were used and procedures were followed. Evidence: Diapering procedures and supplies were inadequate in the "Pink" and "Yellow" rooms as follows; 1) Between 9:30 am and12:00 pm on May 21, 2019, diapering procedures were not followed for the 2 year old children in the "Pink" room. Center staff #1 and staff #9 confirmed 10 two year old children had their diapers changed during the morning of May 21, 2019 without using a nonabsorbent surface for diapering. For those children younger than three years, a diapering surface shall be a changing table or countertop designated for changing. Center staff #1 and staff #9 confirmed the children were changed while standing up in the restroom. 2) In the "Pink" room disposable diapers were observed and photograph taken (Exhibit #1) and the diapers had not been disposed of in a leakproof or plastic-lined storage system. The established trashcan used for disposable diapers did not close as there were many had soiled diapers protruding from the top of the tashcan and one soiled diaper was observed on the floor next to the trashcan and the soiled diapers were accessible to the children. 3) In the "Yellow" room 2 of 2 trashcans established for soiled disposable diapers were not operable and it had to be opened using a staff members hand as verified by the center staff. There shall be an operable leakproof or plastic-lined storage system that is either foot operated or used in such a way that neither the staff member's hand nor the soiled diaper touches an exterior surface of the storage system during disposal of diapers.

Plan of Correction: a) Director will retrain all staff to ensure all diapering is done in compliance with licensing (May 22nd); b) Director will replace trashcan with adequate sized and function cans (May 31st); c) Director will replace trashcans (May 31st)

Standard #: 22VAC40-185-510-N
Description: Based on observation and interviews, the licensee did not ensure that when an authorization for medication expires, the parent shall be notified that the medication needs to be picked up within 14 days or the parent must renew the authorization. Medications that are not picked up by the parent within 14 days will be disposed of by the center by either dissolving the medication down the sink or flushing it down the toilet. Evidence: Four medications were observed and one medication, (medication #1) for child #2 was observed and the written authorization had expired as it was dated for the school year 2017-2018 and the medication had not been sent home to parents.

Plan of Correction: Director will send medicine home with the parent (May 21st)

Standard #: 22VAC40-185-580-C
Description: Based on observation and interviews, the licensee did not ensure there was a list of the names of the children being transported. Evidence: Center director verified there was not a list of the children who were transported to school during the morning of May 21, 2019. There were seven children transported on one vehicle and one child was transported on another vehicle.

Plan of Correction: Director will ensure all drivers have an accurate list of all children transported each day (May 22nd)

Standard #: 22VAC40-191-40-D-1-A
Description: Based on record review and interviews, the licensee did not ensure the designated applicant for licensure had obtained all background checks as required. Evidence: The center program director confirmed the background check information (sworn statement, search of central registry and criminal history record check/finger print check) was missing and not available for review for the applicant/owner.

Plan of Correction: Director has requested for the owner to completed all necessary background check information; just awaiting results (May 22nd)

Standard #: 63.2(17)-1720.1-B-3
Description: Based on record review and interviews, the licensee did not ensure two of eight records reviewed had obtained a copy of the results of a search of the central registry maintained by any other state in which the individual has resided in the preceding five years for any founded complaint of child abuse or neglect against him. Evidence: The center program director confirmed the out of state search of the central registry background check information had not been obtained for staff #4 (date of hire 10-20-18) and staff #5 (date of hire 2-26-19) and not available for review..

Plan of Correction: Director has sent in the request for out of state background checks (May 22nd)

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.

Virginia Quality is a voluntary quality rating and improvement system for early care and education facilities serving children ages birth through pre-K. To find programs participating in Virginia Quality, click here.

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