VIRGINIA DEPARTMENT OF SOCIAL SERVICES

New Generation Daycare and Learning Center
603 Lincoln Street
Norfolk, VA 23510
(757) 623-3143

Current Inspector: Arlene Agustin (804) 629-7519

Inspection Date: Nov. 8, 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 Child Abuse & Neglect 63.2(17) License & Registration Procedures

Comments:

An unannounced monitoring inspection was conducted on 11/08/2019 from 8:10 am - 12:05 pm in response to a self-reported incident of a staff person hitting three children on 10/23/2019. A routine monitoring inspection was concurrently conducted. At the time of entrance there were a total of 28 children in care with four teaching staff and one administrative staff. The children ranged in age from infant - school age. Based on the information gathered which included staff interviews, record review and center observation this allegation is found to be valid. Violations were found in four parts of the CDC standards and are listed on the violation notice. These violations were reviewed with center administrative staff at the exit interview.

Violations:

Standard #:	22VAC40-185-260-B
Description:	Based on record review and interview, the center failed to obtain annual approval from the health department. Evidence: 1. The most recent inspection available from the Norfolk Health Department was conducted on 08/17/2018. 2. The program director confimed this inspection was the most recent for the facility.
Plan of Correction:	The health department was contacted in September for our annual health inspection. Due to a system error within the health department it caused the visit to be delayed. Since then the Health department has responded and conducted their inspection.
Standard #:	22VAC40-185-270-A
Description:	Based on observation, the center failed to ensure that areas of the center shall be maintained in a clean and safe condition. Evidence: 1. Standing water was observed on the floor in the multi-purpose room. The water covered approximately half of the usable floor area. a. A stale and musty odor permeated the entire room. b. Two administrative staff stated that the roof leaked when it rained and that this had been a problem since at least September 2019. c. A droplet of water fell on the licensing inspector during a review of this room. 2. Dried food and spills were observed on the two wall panels beside the trash can in the school age classroom. Additionally, dust, dirt and grime was observed on the floor around the trash can 3. At the entrance of the school age classroom there were exposed metal brackets with sharp edges at the bottom of the panel utilized to define the space.
Plan of Correction:	The room in question has been closed to staff and children for over a year and is not utilized for our program. The leak will be repair by 12/13/19. The cleaning check list for the classrooms has been updated to ensure classrooms are being fully cleaned. The sharp edges have been addressed.
Standard #:	22VAC40-185-340-A
Description:	Based on interview, the center failed to ensure that when staff are supervising children, they shall always ensure their care and protection. Evidence: 1. Staff 3 stated during interview that she failed to stop or intervene when she observed staff 2 hit child 1 just prior to nap. a. Staff 3 stated, "I was afraid to say anything...she ( staff 2) is the program leader." b. Staff 3 additionally stated, "I should have reported this sooner so it wouldn't escalate."
Plan of Correction:	The Department of Social Services provides guidance and training for reporting Child Abuse and Neglect as well as Suspected child abuse and neglect. The center reinforces this training during orientation and all staff trainings and emphasizes the care and protection of children.
Standard #:	22VAC40-185-350-E-4
Description:	Based on observation, the center failed to ensure that the following ratios of staff to children are required whenever children are in care. *For children from three years to the age of eligibility to attend public school, five years by September 30; one staff member for every 10 children. Evidence: 1. At approximately 8:35 am, staff 1 was observed caring for a group of 17 children ages three years - school age. a. Staff 1 confirmed that she was alone with this group of 17 children which included five children ages three and four years. b. The ratio for preschool children is 1: 10 therefore, two staff were needed. 2. When the inspector returned to this classroom at 8:45 am staff 1 was still responsible for 17 children ranging in age from three years - school age.
Plan of Correction:	The class was out of ratio due to the teacher going to a different class. The center takes every step possible to ensure the classrooms are always in ratio. We have and will continue providing guidance to all our teachers of the importance of being where they are meant to be and having their classroom stay in ratio.
Standard #:	22VAC40-185-360-A
Description:	Based on observation, the center failed to ensure that the variety of daily activities for all age groups shall be age and stage appropriate and provide opportunities for teacher-directed, self-directed, and self-chosen tasks and activities; a balance of active and quiet activities; individual and group activities; and curiosity and exploration. Evidence: 1. No activities were provided for a combined group of children ages two years - school age from 8:10 am - 8:45 am. a. The children were observed sitting at tables and/or walking and running around the school age classroom without any individual or teacher director activities offered.
Plan of Correction:	The teachers are continuously trained on proper lesson planning, daily activities and engaging with the children to ensure children have a safe and nurturing environment for learning and playing. We are also reinforcing activities and engagement during transition time.
Standard #:	22VAC40-185-410-1
Description:	Based on staff interview, the center failed to ensure that physical punishment such as striking a child and roughly handling was not administered as punishment. Evidence: 1. Staff 3 stated that she observed the following on 10/23/2019 as the class prepared for nap. a. Staff 2 hit child 1, age 18 months, while he was standing by the table prior to nap. Staff 3 stated, I turned around and saw her hit him in the face...I could hear it." b. Child 2 would not sleep and was standing on her cot according to staff 3. Staff 3 stated that staff 2 hit child 2, age 23 months, over the mouth with an open hand approximately 5 times....it was loud and you could hear it." Child 2 was crying according to staff 3. c. Shortly thereafter, staff 3 stated that she noticed that child 2 had a nose bleed and that there was blood on her linens and the floor beside the cot. 2. Staff 3 reported to administrative staff 4 and 5, on 10/23/2019, that she had directly observed staff 2 hit child 1 and child 2 prior to and during nap time. a. Staff 4 and staff 5 reviewed the video footage of the toddler classroom in order to verify the allegations reported by staff 3. 3. Staff 4 and staff 5 viewed the video and confirmed the validity of staff 3's assertion and additionally saw staff 2 hit child 3. a. At approximately 1:01 pm, Staff 2 walked over to child 1, age 18 months, and "yanked him up by his right arm from his seat....She stood him up and slapped him across the lower part of his face." b. At approximately 1:04 pm the video then showed child 3, age 17 months, getting up from the table. Staff 2 proceeded to slap child 3 across the face as she sat child 3 down in a chair. c. At approximately 1:06 pm child 2, age 23 months, is on her cot and is moving around to include lifting up her head. Staff 2 walks over to child 2 and "popped her" on her shoulder and "tossed her down roughly." Staff 2 covers up child 2 and walks away. d. Child 2 resumes moving around on her cot to include standing up and playing with her sheet and blanket. Staff 2 walks back over and lifts child 2 up by her arms and "tossed her down on the floor ....landing on her side." Staff 2 puts the sheet back on the cot and then picks up child 2 and puts her on the cot. The video then shows staff 2 hitting child 2 on her face with an open hand. e Staff 2 walks back over the check on child 2 a few moments later and finds that child 2 has a nose bleed.
Plan of Correction:	Management was notified the day of the incident and took immediate steps to investigate. Once verified, the center contacted CPS and the Department of Social Services notifying them of what took place and terminated the employee.
Standard #:	22VAC40-185-550-M
Description:	Based on record review and interview, the center failed to maintain a written record of children's serious and minor injuries in which entries are made the day of occurrence. Evidence: 1. There was no injury report on file for an injury sustained by child 2 on 10/23/2019. a. Injury reports were reviewed during the 11/08/2019 inspection. 2. Administrative and toddler classroom staff confirmed that they had not written an injury report for child 2's injury which occurred on 10/23/2019.
Plan of Correction:	Mom informed the center about her child being prone to nosebleeds. Her nose bleeds are not abnormal and occur frequently especially when she gets hot. Due to her frequent nose bleeds and our thorough investigation, the was no evidence proving the teacher's action caused her nose bleed. We did not write an incident report for the nose bleed. Effective immediately, we will have parents provide written documentation for all medical matters. We will keep a copy in the child's file and classroom binder.