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First Discovery Academy
5355 Lila Lane
Virginia beach, VA 23464
(757) 424-0040

Current Inspector: Heather Harrell (757) 334-4329

Inspection Date: Oct. 3, 2019 and Oct. 14, 2019

Complaint Related: No

Areas Reviewed:
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-191 Background Checks (22VAC40-191)
63.2 Child Abuse & Neglect
63.2(17) License & Registration Procedures
63.2 Facilities & Programs.

Comments:
The Licensing Inspector conducted an inspection on 10/3/19 and 10/14/19 with the local agency in response to a self-report made by the facility on 10/1/19 concerning a child being found on unattended and unsupervised int he facility's parking lot on 9/30/19. During the inspection, a tour of the facility, including the outdoor areas and the parking lot was conducted, staff were interviewed, and all relevant documentation was reviewed. The evidence gathered during the investigation has resulted in a violations in the followings areas of the Standards for Licensed Child Day Centers; administration, supervision and background checks. The areas of non-compliance associated with this self-report are on the attached violation notice.

Violations:
Standard #: 22VAC40-185-140-A
Description: Based on a review of one child's records, it was determined that the facility did not ensure that each child in attendance had a completed physical within one month of attendance.

Evidence:
1. The record for child #1 (date of enrollment 9/11/18) did not contain a physical examination.
2. Staff #3 (Program Director) confirmed that the record for child #1 did not contain a physical examination, and had been enrolled for more than 30 days.

Plan of Correction: The facility responded: Going forward we have made it our policy to obtain the physical before the child is able to attend.

Standard #: 22VAC40-185-340-A
Description: Based on interviews, a tour of the facility, including the outdoor areas and parking lots, and a review of documentation, it was determined that the licensee did not ensure that when staff are supervising children, they shall always ensure their care, protection, and guidance.

Evidence:
1. On September 30, 2019 staff #1 and staff #2 were on the playground located on the right side of the building with 13 two year old children.
a. At approximately 10:13am, child #1 (two years old) was able to walk away from his teachers and classmates unattended and unsupervised without either staff noticing.
b. Child #1 left the playground area and proceeded around the back of the building and walked along the fenced play area on the left side to the facility.
c. Then child #1 was able to exit the playground by opening a latched gate on the four foot exterior fence.
d. Upon exiting the fenced play area, child #1 entered the facility's parking lot, and was then found standing by a tree at the edge of the parking a lot adjacent to a public street.
e.Child #1 was found by a member of the public who driving by the facility and stopped her car to assist child #1 since there were no adults present.
2. Staff #1 stated that child #1 was with her on the playground at the conclusion of the fire drill at approximately 10:13am, but that she was unaware that child #1 had left the playground alone and unsupervised.
3. Staff #3 (Program Director) stated that she returned to her office after the fire drill and observed from the window in the office child #1 standing next to a tree at the entrance to the parking lot with a person whom she did not know at approximately 10:17am.

Plan of Correction: The facility responded: We had an immediate meeting with staff and revisited supervision policies and that each staff needs to be counting their children at all times, that they conduct the name to face on the tablets and that they use the cans with each childs name to visually see how many children are in their care.

Standard #: 22VAC40-185-340-F
Description: Based on interviews and a review of documentation, it was determined that the licensee did not ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff.

Evidence:
1. On September 30, 2019 child #1 (two years old) was found unattended and unsupervised in the facility's parking lot by a passerby. The passerby brought the child back to the center.
2. Staff #3 (Program Director) confirmed that child #1 was alone and unsupervised for approximately four minutes from 10:13am at the conclusion of the fire drill till 10:17am when the child was brought back to the facility.

Plan of Correction: The facility responded: We had an immediate meeting with staff and revisited supervision policies and that each staff needs to be counting their children at all times, that they conduct the name to face on the tablets and that they use the cans with each childs name to visually see how many children are in their care

Standard #: 22VAC40-191-60-C-2
Description: Based on a review of five staff records, it was determined that the facility did not deny continued employment of a staff who did not have a search of the central registry finding within 30 days of employment.

Evidence:
1. The record for staff #2 (date of hire 5/10/19) did not contain documentation of a completed search of the central registry finding.
2. Staff #3 (Program Director) reviewed the record for the staff #2, and confirmed that the search of the central registry finding has not been received at the time of the inspection.

Plan of Correction: The facility responded: Going forward we will now set up a reminder in our calendar when we have a new staff start for 30 days from that start date to follow up on central registry.

Standard #: 63.2(17)-1720.1-B-3
Description: Based on a review of five staff records, it was determined that the facility did not deny continued employment of a staff who did not have a search of the central registry finding within 45 days of employment from any other state in which the employee has resided in the preceding five years.

Evidence:
1. The record for staff #1 (date of hire 4/16/18) did not contain documentation of a completed search of the central registry finding from the state of Ohio where staff #1 previously resided.
2. Staff #3 (Program Director) review the record for the staff #1, and confirmed that the search of the central registry finding from the state of Ohio in which staff #1 previously resided in has not been received at the time of the inspection.

Plan of Correction: The facility responded: Going forward when we have to send for an out of state back ground check we will set up a reminder on the calendar to alert us to follow up with that state regarding the background check.

Disclaimer:

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.

Virginia Quality is a voluntary quality rating and improvement system for early care and education facilities serving children ages birth through pre-K. To find programs participating in Virginia Quality, click here.

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