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Colonial Day School Incorporated
6510 N. Military Highway
Norfolk, VA 23518
(757) 855-0333

Current Inspector: Emily Walsh (757) 404-2575

Inspection Date: June 10, 2019

Complaint Related: Yes

Areas Reviewed:
22VAC40-191 Background Checks (22VAC40-191)
63.2(17) License & Registration Procedures

An unannounced complaint inspection was conducted on 06/10/2019 in response to an allegation regarding a lack of supervision during an altercation between two children. Based on the information gathered which included staff interviews, review of records and observation of classroom the complaint is found to be valid in the area of supervision. The violation is listed on the violation notice and was reviewed with the program director at the exit interview.

Standard #: 22VAC40-185-340-A
Complaint related: Yes
Description: Based on record review and interview, the center failed to ensure that when staff are supervising children, they shall always ensure their care and protection. Evidence: The center failed to ensure the care and protection of two school age children as demonstrated by the following incident that occurred on 03/02/2019 at approximately 6:50am: 1. Staff 1, who was alone and responsible for the care of seven children, stated that child 1 & child 2 began arguing over the legos in what she described as a "heated argument." This disagreement escalated into the two children physically hitting each other. Staff 1 recalled that one of the children kicked a chair and "they were both throwing punches at the head and chest area." a. Staff 1 stated that she did not intervene in any way to try and de-escalate or break up the altercation between child 1 & child 2. Staff 1 stated, "It made me scared....It came as a shock to me...I don't know why I didn't do anything." "I did not try to stop the fight and I did not call out for help." b. Staff 1 stated that that individual 1 , who is not a staff person, was in the classroom and "took charge and broke the two boys apart." 2. Staff 3 stated that as she returned to the gathering room she heard "chaotic noise" and observed staff 2 separating child 1 and child 2. b. Staff 3 stated that staff 1 told her that individual 1 had broken up the fight because she had froze up and was in shock when the children began punching each other. 4. Individual 1 stated that she was in the gathering room when she observed child 1 and child 2 physically punching and kicking each other. a. Staff 1 was watching the child 1 & child 2 without saying or doing anything according to individual 1. "She made no attempt to stop it." "She never yelled at the boys or asked them to stop." "She didn't speak to any other children and was not engaged at all." b. Individual 1 additionally added that staff 1 failed to move the younger children in the group away from the altercation which had become physical. c. Individual 1 stated that she asked staff 1 why she had not made an attempt to break up the fight, staff 1 replied that she did not know.

Plan of Correction: Colonial Day School acknowledges that on 3/2/2019 a situation occurred involving two of our school age boys, both age 8 had engaged in an altercation between them. At the time of the situation the room was properly staffed according to ratio standards as there were 7 children and 2 staff members and a 3rd on property. This was the transition time of 6:50 am before classes begin. Staff member 1, herself a petite women was in the classroom engaging with the children doing activities while staff 3 was unlocking the second building. Staff 2 was in the kitchen preparing breakfast, when suddenly a dispute broke out between these 2 boys in what appeared to be a fight over legos. As staff 1 told the licensing specialist she froze and cannot explain why she did not intervene. Fortunately there were no injuries. Both parents of the involved boys were notified immediately and the encounter was discussed with them. Staff 1 was interviewed extensively about why she failed to intervene and de-escalate the situation. She truly does not have a good reply. She simply froze on the spot, possibly intimidated by them being school age children. Regardless of the reason it cannot happen again. The center director has counseled with staff 1 as well as all staff members on appropriate intervention and de-escalating techniques. This matter has been used to retrain all staff members on how to diffuse a situation before it escalates also in a calm and professional manner. Staff 1 is a long time dedicated employee. Parents, children and staff all routinely tell me what a joy her presence on the Colonial Day School Staff is. Nevertheless she and I have taken this matter very seriously. In this regard, she met with me at length about this matter, was retrained in appropriate techniques for breaking up disagreements between children no matter their age and she has been reassigned to a classroom of younger children who she has worked with for years. Of course Colonial Day School is open to any requests or suggestions that VDSS may have to prevent a similar situation ever happening again in the future.


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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