VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Backyard Bears Day School
360 E. Virginia Avenue, Suite 2
Vinton, VA 24179
(540) 819-2928

Current Inspector: Susan Mallory (276) 608-4267

Inspection Date: July 16, 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. 22VAC40-191 Background Checks (22VAC40-191) 63.2(17) License & Registration Procedures

Comments:

An unannounced monitoring inspection was conducted on 07/16/2019. There were 31 children, ages 3 months-5 years, and 6 staff present during the inspection. The inspector reviewed 5 children's records and 5 staff records during the inspection. The staff stated that they do not administer medication. The children were observed in the following activities: outside play, free choice activities, having lunch and during nap time. Infants were observed being fed and allowed to sleep on demand. The inspector reviewed the outdoor playground, the emergency preparedness plans and the emergency supplies during the inspection. The inspector discussed the following with the staff: hand washing, safe sleep practices, annual training hours, nutrition, and playground requirements. The inspector arrived at 9:15 a.m. and departed at 1:30 p.m. If you have any questions, please contact Becky Forestier at 540-309-2835.

Violations:

Standard #:	22VAC40-185-60-A
Description:	Based on record review and discussion with the staff, the facility failed to ensure that the separate record for each child enrolled shall contain all of the elements required by the standards. Evidence: 1. The record for Child #1 did not contain the following information: health information as required by 22VAC40-185-130 and the name of any additional programs or schools that the child is concurrently attending and the grade or class level. 2. The record for Child #2 did not contain the following information: the name of any additional programs or schools that the child is concurrently attending and the grade or class level and the first date of attendance. 3. The record for Child #3 did not contain the work phone number for each parent who has custody; an employer was listed however there was no work phone number provided. 4. The record for Child #4 did not contain the following information: the phone number of child's physician, the name, phone number and address for two designated people to call in an emergency if a parent cannot be reached (there was only one contact provided), names of person authorized to pick up the child, and the allergies and intolerance to food, medication or any other substances, and actions to take in an emergency situation. 5. The record for Child #5 did not contain the name of any additional programs or schools that the child is concurrently attending and the grade or class level.
Plan of Correction:	The staff will review all records and correct anything that has discrepencies.
Standard #:	22VAC40-185-70-A
Description:	Based on record review and discussion with the staff, the facility failed to ensure that the staff records shall contain all of the elements as required by the standards. Evidence: 1. The record for Staff #1 did not contain written information to demonstrate that the individual possesses the education, certification and experience required by the job position. 2. The record for Staff #3 did not contain written information to demonstrate that the individual possesses the education, certification and experience required by the job position. 3. The record for Staff #5 did not contain written information to demonstrate that the individual possesses the education, certification and experience required by the job position.
Plan of Correction:	The staff will go through all employee records and make sure the trainings are listed in each file.
Standard #:	22VAC40-185-330-B
Description:	Based on observations, measurements and discussion with the staff, the facility failed to ensure that where playground equipment is provided, resilient surfacing shall comply with minimum safety standards and 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 and shall include the child's trajectory in the event of a fall while the equipment is in the use. Evidence: 1. The piece of playground equipment that has the blue and green slides did not have the required 6' of fall zone on the side closest to the shade structure; there was only 5' of fall zone before the barrier. 2. The piece of playground equipment that has the blue and green slide did not have the required 6' of fall zone for the blue slide's required 6' of trajectory; there was only 5' 7" of fall zone before the fencing. 3. The piece of playground equipment that has the blue and green slide did not have the required 6' of fall zone for the green slide's required 6' of trajectory; there was only 5' 10" of fall zone before the fencing. 4. The taller piece of playground equipment, with the light green slide, did not have the required 8' 3" of fall zone; there was only 6' 10' of fall zone before the fencing. 5. There were rocking toys lined up against the fencing that were in the fall zones of the slides.
Plan of Correction:	The pieces of equipment will be moved and more resilient surfacing will be added.
Standard #:	22VAC40-185-350-E-4
Description:	Based on observations and discussion with the staff, the facility failed to ensure that the required ratio for children from three years to the age of eligibility to attend public school, 1 staff member for every 10 children, is met. Evidence: 1. Upon arrival to the facility at 9:15 a.m. there were 14 children and 1 staff member in the pre-k class. 2. Child #3 was identified as the youngest child in the pre-k class and was determined to be 3 years old; a one staff member for every 10 children was required. 3. A second staff member arrived at 9:27 a.m.
Plan of Correction:	The staff person had car issues and was late. The staff normally arrives at 8:00.
Standard #:	22VAC40-185-540-C
Description:	Based on observations and discussion with the staff, the facility failed to ensure that all of the minimum requirements for a first aid kit were available. Evidence: The first aid kit for the facility did not contain tweezers and adhesive tape.
Plan of Correction:	They will be bought today.
Standard #:	22VAC40-185-560-F-4
Description:	Based on observations and discussion with the staff, the facility failed to ensure that children three years of age or younger may not be offered foods that are considered to be potentially choking hazards. Evidence: Children aged 16 months-3 years were observed be served peaches that were large enough to be a potential choking hazard. The 3 year olds were served peach slices. The peaches were not cut in to small pieces to ensure that they were potential choking hazards.
Plan of Correction:	The center will not buy sliced peaches.
Standard #:	22VAC40-185-570-C
Description:	Based on observations, document review and discussion with staff, the facility failed to maintain a record of each child on formula that contains the brand of formula and the child's feeding schedule. Evidence: The staff stated that there are three infants in care that are fed formula. There were not records of the brand of formula nor the child's feeding schedule available to review for any of the children that are fed formula.
Plan of Correction:	The center will post formula type and feeding schedules in the infant room.