VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Tuckaway-Varina Child Development Center
1501 Midview Road
Henrico, VA 23231
(804) 222-3225

Current Inspector: Cindy Horne (804) 297-4469

Inspection Date: Feb. 14, 2019 , Feb. 20, 2019 , April 17, 2019 , Aug. 8, 2019 and Aug. 27, 2019

Complaint Related: Yes

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 Child Abuse & Neglect 63.2(17) License & Registration Procedures 63.2 Facilities & Programs.

Technical Assistance:

None

Comments:

On February 14, 2019 and February 19, 2019, the department received a complaint regarding inappropriate staff interactions with children and supervision of children. The licensing inspector conducted an unannounced complaint inspection with outside agencies on 2/14/19 at the facility from approximately 9:45 AM until 11:30 AM. On 2/20/19 the licensing inspector returned to the facility with outside agencies and conducted an additional inspection from approximately 12:00 PM until 1:00 PM. Interviews with staff were completed, observations were made and documentation was reviewed. On 4/17/19 the licensing inspector returned to the facility and reviewed documentation from approximately 1:30 PM until 2:15 PM. The investigation continued off site through a review of documentation on 8/8/19 and 8/27/19 upon receipt of documentation from outside agencies and the center. The preponderance of the evidence gathered during the investigation does support the allegation; therefore, the complaint is determined to be valid. Provider, please complete the 'plan of correction' and 'date to be corrected' for each violation cited on the violation notice and return it to me within five business days from date of receipt. Please specify how the deficient practice will be or has been corrected. Your plan of correction should contain: 1) steps to correct the noncompliance with the standards, 2) measures to prevent the noncompliance from occurring again, and 3) person(s) responsible for implementing each step and/or monitoring any preventative measure(s). If you have any questions about this inspection, please contact the licensing inspector, Ali Metzger, at (804) 662-9092.

Violations:

Standard #:	22VAC40-185-40-E
Complaint related:	Yes
Description:	Based on documentation review, the facility did not maintain compliance with their center's own policies and procedures required by the standards. Evidence: 1. The center?s policies related to discipline state, ?The following is a list of ineffective management techniques, which should never be used: ? Physical punishment of a child or disciplinary action to the child?s body such as, but not limited to the following action is prohibited: placing their nose on the wall, using exercise as punishment, taping their mouths or body, washing their mouths out with soap, use of clothing as punishment." 2. Child #1, who is four years old, made multiple consistent statements to individuals interviewed by an outside agency stating that Staff #1 inappropriately touched her during nap time on 2/12/19. When interviewed on 2/13/19, Child #1 confirmed that Staff #1 was her teacher and that she had gotten in trouble at school for spitting on another child on 2/12/19. 3. Documentation from an outside agency reported that during an interview on 3/18/19 and at a medical facility on 3/19/19, Child #3, who is four years old, made consistent statements that Staff #1 inappropriately touched him on multiple occasions. Child #3 stated that Staff #1 did this because ?he was bad?.
Plan of Correction:	Administration states the following: "We categorically disagree with the findings in the Violation Notice as presented. Tuckaway did maintain compliance with our policies and procedures. In the Evidence, three instances are listed describing actions that, if true, are in direct contradiction with what Tuckaway has established, over many years, as our policies and procedures. As stated by state and local officials involved in this investigation, Tuckaway ?did everything [we] were supposed to do? regarding Staff #1. Tuckaway followed every procedure required when hiring, training and supporting Staff #1. Our Administration and staff provided Staff #1 with any assistance he needed while at the school. We feel that, if true, all complaints listed in this notice were the result of one rogue employee, that knowingly did not follow the specific policies and procedures and did so without the knowledge, consent, and in secret from the Administration and staff of the school."
Standard #:	22VAC40-185-340-A
Complaint related:	Yes
Description:	Based on interviews and documentation review, the facility failed to ensure that when staff are supervising children, they shall always ensure their care, protection, and guidance. Evidence: 1. Child #1, who is four years old, made multiple consistent statements to individuals interviewed by an outside agency stating that Staff #1 inappropriately touched her during nap time on 2/12/19. During a documentation review on 2/14/19, the licensing inspector and an outside agency observed records indicating Staff #1 was present in the classroom with Child #1 during nap time on 2/12/19 while no other staff were present in the room. 2. Documentation from an outside agency reported that during an interview on 2/21/19 and in a video reviewed by an outside agency on 2/21/19, Child #2, who is five years old, made consistent statements that Staff #1 inappropriately touched him in the restroom and during nap time on multiple occasions. 3. Documentation from an outside agency reported that during an interview on 3/18/19 and at a medical facility on 3/19/19, Child #3, who is four years old, made consistent statements that Staff #1 inappropriately touched him on multiple occasions.
Plan of Correction:	Administration states the following: "We categorically disagree with the findings in the Violation Notice as presented. Regarding the specific complaints in the notice: Tuckaway takes every effort to ensure the children at the school are safe. Tuckaway-Varina was built with an ?Open Concept?, with large, floor to ceiling indoor windows in every classroom so the room can be observed from outside of that classroom. Staff #1 in the notice, if true, acted on his own, without the knowledge, consent, and in secret from the Administration and staff of the school. Tuckaway followed every procedure required when hiring, training and supporting Staff #1. Our Administration and staff provided Staff #1 with any assistance he needed while at the school. We feel that, if true, all complaints listed in this notice were the result of one rogue employee, that knowingly did not follow the specific policies and procedures and did so without the knowledge, consent, and in secret from the Administration and staff of the school."
Standard #:	22VAC40-185-400-B
Complaint related:	Yes
Description:	Based on documentation review, the facility did not ensure that behavioral guidance was constructive in nature, age and stage appropriate, and intended to redirect children to appropriate behavior and resolve conflicts. Evidence: 1. Documentation from an outside agency reported that during interviews, three children reported that Staff #1 inappropriately touched them while in care at the center. Two of the three children indicated that this happened after getting in trouble or being bad. 2. Child #1, who is four years old, made multiple consistent statements to individuals interviewed by an outside agency stating that Staff #1 inappropriately touched her during nap time on 2/12/19. When interviewed on 2/13/19, Child #1 confirmed that Staff #1 was her teacher and that she had gotten in trouble at school for spitting on another child on 2/12/19. 3. Documentation from an outside agency reported that during an interview on 3/18/19 and at a medical facility on 3/19/19, Child #3, who is four years old, made consistent statements that Staff #1 inappropriately touched him on multiple occasions. Child #3 stated that Staff #1 did this because ?he was bad?.
Plan of Correction:	Administration states the following: "We categorically disagree with the findings in the Violation Notice as presented. Regarding the specific complaints in the notice: As stated earlier, all actions by Staff #1 were, if true, acted on his own, without the knowledge, consent, and in secret from the Administration and staff of the school. Tuckaway followed every procedure required when hiring, training and supporting Staff #1. Our Administration and staff provided Staff #1 with any assistance he needed while at the school. We feel that, if true, all complaints listed in this notice were the result of one rogue employee, that knowingly did not follow the specific policies and procedures and did so without the knowledge, consent, and in secret from the Administration and staff of the school."
Standard #:	22VAC40-185-410-1
Complaint related:	Yes
Description:	Based on documentation review, the facility did not ensure that physical punishment was forbidden. Evidence: 1. Documentation from an outside agency reported that during individual interviews, three children reported that Staff #1 inappropriately touched them while in care at the center. Two of the three children indicated that this happened after getting in trouble or being bad. 2. Child #1, who is four years old, made multiple consistent statements to individuals interviewed by an outside agency stating that Staff #1 inappropriately touched her during nap time on 2/12/19. When interviewed on 2/13/19, Child #1 confirmed that Staff #1 was her teacher and that she had gotten in trouble at school for spitting on another child on 2/12/19. 3. Documentation from an outside agency reported that during an interview on 3/18/19 and at a medical facility on 3/19/19, Child #3, who is four years old, made consistent statements that Staff #1 inappropriately touched him on multiple occasions. Child #3 stated that Staff #1 did this because ?he was bad?.
Plan of Correction:	Administration states the following: "We categorically disagree with the findings in the Violation Notice as presented. Regarding the specific complaints in the notice: All physical punishment is strictly forbidden at Tuckaway. As stated in our Employee Handbook, and reinforced during training, ?Punishment is the penalty for doing something wrong: it is backward-looking and negative.? Also, ?Employees are to abstain from corporal punishment or humiliating or frightening discipline techniques (including grabbing children, using any type of physical force whatsoever). What is stated in the notice regarding Staff #1 were, if true, acted on his own, without the knowledge, consent, and in secret from the Administration and staff of the school. Tuckaway followed every procedure required when hiring, training and supporting Staff #1. Our Administration and staff provided Staff #1 with any assistance he needed while at the school. We feel that, if true, all complaints listed in this notice were the result of one rogue employee, that knowingly did not follow the specific policies and procedures and did so without the knowledge, consent, and in secret from the Administration and staff of the school."