VIRGINIA DEPARTMENT OF SOCIAL SERVICES

The Nest Academy
9129 Royal Robin Lane
Lorton, VA 22079
(703) 690-0063

Current Inspector: Kristy Atanackovic (804) 629-5032

Inspection Date: April 26, 2019

Complaint Related: Yes

Areas Reviewed:

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

Comments:

An unannounced complaint investigation was conducted on 4/12/2019 from 9:50am-1:15pm and a follow up was conducted on 4/22/2019 from 11:00am to 2:00pm in response to a complaint that was received on 03/28/2019, regarding inappropriate behavioral guidance. Observations were made in the center, records and video-camera footage were reviewed, and interviews with staff were conducted. Based on the information gathered during the investigation, the preponderance of evidence supports the allegation; therefore, the complaint was determined to be valid. The complaint related violations and one non-related violation are identified on the Violation Notice. If you have any questions regarding this inspection, please contact the Licensing Inspector, Maria Soto at maria.soto@dss.virginia.gov or (571) 835-5058.

Violations:

Standard #:	22VAC40-185-40-E
Complaint related:	Yes
Description:	Based on review of the center's video-camera footage, interviews and review of documentation, staff did not follow the center's policies and procedures regarding discipline. Evidence: 1. The center's discipline policy states: "We will try to divert the child to another activity. We talk to the child and other children involved in an incident and help them solve the problem. We will suggest alternatives and let them know what the expected behavior is. As a last resort, we will ask the child to take a few minutes to get in control and think about what has occurred. We then try to use as much positive verbal feedback as possible to encourage each child to talk about what he/she is feeling." 2. On 4/11/2019, Staff#2 did not follow the center's discipline policy when they directed Child#1, age 4, to sit on a chair away from the rest of the group and without an opportunity to engage in any other activity from approximately 11:04am to 11:24am. 3. On the same day Child#2, age4, was directed by Staff#2 to lay on their cot, away from the rest of the group, and without an opportunity to participate in any other activity from approximately 11:26am to 11:40am. 4. On 4/11/2019, at approximately 11:30am Staff#2 did not follow the center's policies and procedures of using positive verbal feedback, instead they used a softcover book to redirect child#2 to sit appropriately on their chair. On the same day Staff#2 used their fingers to push down on Child#5's shoulder to redirect the child to lay on their cot during naptime.
Plan of Correction:	1. It is correct and we have reinforced our discipline policy with all our staff by forcing an immediate training. 2. On 4/11/2019, with respect to your findings, based on our own investigation, we have confirmed that while the teacher was reading to the children during STORY TIME, right before lunch, child#1 was started hitting some of his peers sitting by him. So the teacher asked him twice to stop. When he did not, she then directed him to his chair within the group but a little far enough to secure other children's safety. During that time, he was still involved in listening to the story. So he was still engaged in the STORY TIME ACTIVITY with his peers. 3. Again, with respect to your opinion, child#2 has some personal special needs and whenever he is upset, it becomes hard for him to interact with his peers. He himself asks the teacher to allow him to lay down on his cot. Of course we cannot stop him from doing it. It actually helps him relaxing and going back to a normal state. As a matter of fact, we have a written consent from his mom permitting us to allow him to go to his cot any time he asks for it. 4. Staff#2 didn't mean to tap child#2. While she was reading the story, he got up and stretched across the table to reach out and try to hit another child. She tried to prevent that incident by calling his name more than once then after that she gently tapped him with the book she had in her hand to bring his attention back. Parents were aware of it. We have talked to her and warned her to never do it again. I called CPS and the lady confirmed to me that it was not child abuse since the child was not in any stress and didn't cry. As of child#5, staff#2 went to him and had to make him stop jumping on his cot by using her fingers on his shoulder. We reinforced the fact that we should not touch children for redirection. We also informed mom.
Standard #:	22VAC40-185-350-F
Complaint related:	No
Description:	Based on review of the center's video-camera footage and interview, children were temporarily reassigned from their regular group and staff members, without a parent's written permission or a written assessment by the program leader. Evidence: 1. Two children were observed through the center's video-camera footage being moved from the four year old classroom to the three year old classroom before naptime. When questioned why Child#3 and Child#4 were being moved, administration stated that for the past two weeks the children had been spending a portion of the morning in the 4 year old classroom and return to their classroom for naptime because they are transitioning to the 4 year old classroom. 2. Administration also stated that there were no written permissions from Child#3 or Child#4's parents that authorized them to be moved between two classrooms or a written assessment by the program leader.
Plan of Correction:	1. Child#3 and child#4 were already 4 years old. We had verbal permission from parents like we used to always do. 2. We got written permission from parents, now that it has become mandatory by Licensing Department. We will make sure to always get written permission prior to transition children or written assessment by the program leader.
Standard #:	22VAC40-185-400-B
Complaint related:	Yes
Description:	Based on review of the center's video-camera footage, and interviews conducted, it was determined that a staff member did not use behavioral guidance that was constructive in nature, age and stage appropriate, and intended to redirect children to appropriate behavior and resolve conflicts. Evidence: 1. On 4/11/2019, Staff#2 was observed through the center's video camera footage walking Child#1, to a chair placed by the wall and directing the child to sit down. The child sat away from their group without an option to engage in any other activity from approximately 11:04am to 11:24am. Staff#2 was interviewed and stated they asked the child to sit on the chair to think about their behavior. 2. At approximately 11:25am, Staff#2 was also observed through the center's video-camera footage using a softcover book to tap Child#2 twice (on the child's bottom) when the child leaned over the table where they were sitting to talk to a child sitting across from them. 3. At approximately 11:26am Staff#2 was observed directing Child#2, to lay down on their cot from approximately 11:26am until 11:40am while the rest of the children ate lunch. At 11:40am the child was allowed to go back to their table to join the rest of the children and to eat their lunch. 4. At approximately 12:07pm, Staff#2 was observed through the center's video-camera footage using two fingers to push down on Child#5's (age 4) shoulder, when they saw the child sitting up on their cot during nap time.
Plan of Correction:	1. On 4/11/2019, with respect to your findings, based on our own investigation, we have confirmed that while the teacher was reading to the children during STORY TIME, right before lunch, child#1 was started hitting some of his peers, sitting by him. So the teacher asked him twice to stop. When he did not, she then directed him to his chair within the group but a little far enough to secure other children's safety. During that time, he was still involved in listening to the story. So he was still engaged in the STORY TIME ACTIVITY with his peers. 2. Again, with respect, it was not child#1 but actually child#2 who was on cot resting. When food arrived to be served, staff#2 invited child#2 to join the group for lunch. And he did.