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Happy Feet Early Learning and Child Center
37 Ellsworth Street
Martinsville, VA 24112
(276) 403-4183

Current Inspector: Rebecca Forestier (540) 309-2835

Inspection Date: Dec. 30, 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(17) License & Registration Procedures

Comments:
An unannounced monitoring inspection was conducted on 12/30/2019. There were 21 children, ages 5 months-10 years, and 8 staff members present during the inspection. The inspector reviewed 5 children's records and 5 staff records during the inspection. The staff stated that medication is not currently being administered. The children were observed in the following activities: having breakfast, participating in learning activities, in free choice play and during lunch. The inspector reviewed the emergency supplies during the inspection. The inspector discussed the following with the staff: diapering requirements, injury reports, health inspection, the playground, and emergency drills. The inspector suggested that the owner/program director attend the Phase 2 Orientation Training in the Roanoke Office on 01/21/2020, 02/20/2020 or 03/20/2020. Two inspectors arrived for the inspection at 8:45 a.m. and departed at 2:00 p.m. If you have any questions, please contact Becky Forestier at 540-309-2835.

Violations:
Standard #: 22VAC40-185-160-A
Description: Based on record review and discussion with the staff, the facility failed to obtain a documentation of a negative tuberculosis screening no later than 21 days after employment.

Evidence:
1. The record for Staff #3 did not contain documentation of a negative tuberculosis screening. The documented hire date for Staff #3 was 05/10/2019. Staff #6 verified that there was not a tuberculosis screening available for review during the 12/30/2019 inspection.
2. There was not a staff record available for review for Staff #4 during the 12/30/2019 inspection. Staff #4 verified a 05/18/2018 hire date. Staff #6 verified that there was not a tuberculosis screening available for review during the 12/30/2019 inspection.
3. There was not a staff record available for review for Staff #5 during the 12/30/2019 inspection. Staff #5 verified a 09/16/2019 hire date. Staff #6 verified that there was not a tuberculosis screening available for review during the 12/30/2019 inspection.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-40-E
Description: REPEAT VIOLATION

Based on observations, record review and discussion with staff, the facility failed to demonstrate the operational responsibilities of the licensee which shall include, but not be limited to, ensuring that the center's activities, services, and facilities are maintained in compliance with these standards, the center's own policies and procedures that are required by these standards, and the terms of the current license issued by the department.

Evidence:
1. There were a total of 19 violations cited in five of the eight parts of the Standards for Licensed Child Day Centers to include administration, staff quality and training, physical plant, programs, special care provisions and emergencies, and special services. Violations were also cited from the Code of Virginia and the Background Check Regulations.
2. Eight of the violations cited were repeat violations that were cited during the 07/18/2019 inspection.
3. Systemic deficiencies existed with 3 or more violations in the areas of administration, programs, special services and background checks.
4. The violations cited in the areas of administration, staff quality and training, physical plant, programs, special care provisions and emergencies, special services, the Code of Virginia and the Background Check Regulations require a level of responsibility, knowledge, skills and/or abilities beyond those of the direct care staff.
5. The condition of the center's activities, services and facilities during the 12/30/2019 inspection did not demonstrate that the owner/program director of the facility ensures that the facility is maintained in compliance with the Standards for Licensed Child Day Centers.

Plan of Correction: The center plans to seek more training to strengthen system to stay compliant with regulations. The center will administrator will attend Phase 2 Training.

Standard #: 22VAC40-185-60-A
Description: REPEAT VIOLATION

Based on record review and discussion with staff, the facility failed to ensure that the separate record for each child enrolled shall contain all of the elements as required by the standards.

Evidence:
1. The record for Child #1 did not contain the following information: documentation of child updates and confirmation of up-to-date information in the child's record as required by 22VAC40-185-420-E-3 (the form was originally completed 08/2018 and did not contain documentation of an annual parent confirmation that the required information in the child's record is up to date) and the name of any additional programs or schools that the child is concurrently attending.
2. The record for Child #2 did not contain the following information: name and phone number of the child's physician, allergies and intolerance to food, medication, or any other substances, and actions to take in an emergency, health information as required by 22VAC40-185-140, name of any additional programs or schools that the child is concurrently attending and documentation of viewing proof of the child's identity and age.
3. The record for Child #3 did not contain the following information: the work phone number and place of employment of each parent who has custody (there was not a work phone number provided for one of the parents listed; a place of employment was indicated), the name, address and phone number of two designated people to call in an emergency if a parent cannot be reached (the addresses for the second designated person was incomplete) and the name of any additional programs or schools that the child is concurrently attending.
4. The record for Child #4 did not contain the following information: the work phone number and place of employment of each parent who has custody (there was not a work phone number provided for one of the parents listed: a place of employment was indicated), names of persons authorized to pick up the child, and the first date of attendance.
5. There was no record available to review for Child #5. Staff #6 stated that she was unsure of where the record for Child #5 was.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-70-A
Description: REPEAT VIOLATION

Based on record review and discussion with the staff, the facility failed to ensure that the record for each staff person contained all of the elements as required by the standards.

Evidence:
1. The record for Staff #1 did not contain the following information: verification of age requirement and documentation that two or more references as the character and reputation as well as competency were checked before employment. The documented hire date for Staff #1 was 10/07/2019; Staff #1 was observed working during the 12/30/2019 inspection.
2. The record for Staff #2 did not contain the following information: verification of age requirement, date of employment, documentation that two or more references as to character and reputation as well as competency were checked before employment, and written information to demonstrate that the individual possesses the orientation training required by the job position. Staff #2 verified a hire date of 09/06/2019. Staff #2 was observed working during the 12/30/2019 inspection.
3. The record for Staff #3 did not contain the following information: verification of age requirement and written information to demonstrate that the individual possesses the education, staff development, certification, and experience required by the job position. Staff #3 had a documented hire date of 05/10/2019 and was observed working during the 12/30/2019 inspection.
4. There was not a staff record available for Staff #4. Staff #4 verified a hire date of 05/28/2018; Staff #4 was observed working during the 12/30/2019. Staff #6 verified that the required elements of the staff record were not available for review during the 12/30/2019 inspection.
5. There was not a staff record available for Staff #5. Staff #5 verified a hire date of 09/16/2019. Staff #5 was observed working during the 12/30/2019. Staff #6 verified that the required elements of the staff record were not available for review during the 12/30/2019 inspection.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-210-A
Description: Based on record review and discussion with staff, the facility failed to ensure that Program Leaders meet one of the Program Leader requirements as stated in the standards.

Evidence: Staff #3 stated that she was the Program Lead for the Infant Class during the 12/30/2019 inspection. Staff #6 confirmed that Staff #3 was the Program Lead for the Infant Class. The record for Staff #3 did not contain documentation that Staff #3 met a Program Lead requirement as required by the standards.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-270-A
Description: REPEAT VIOLATION

Based on observations and discussion with the staff, the facility failed to ensure that areas and equipment of the center, inside and outside, shall be maintained in a clean, safe and operable condition.

Evidence:
1. There were two 5 gallon buckets, filled with cement used to hold umbrellas for shade on the playground, that were busted and had sharp edges that could snag skin; the broken buckets were accessible to children.
2. There were rusted screws exposed on a riding toy car on the playground; the toy car was accessible to the children,
3. The red tube on the large piece of playground equipment is cracked; the cracked plastic is sharp and creates a pinch point.
4. There is a toy washer/dryer set on playground; the ironing board on this toy was broken and has sharp points that could snag skin.
5. The exterior paint on the windowsill outside of the Infant Room is peeling; the peeling paint is accessible to children playing on the playground.
6. There was a scooter that was missing the end-cap to one of the handles that created the potential for impalement.
7. There was a broken chair in the 2-3 year old classroom; the chair was observed being used during the inspection.

Plan of Correction: The center will get rid of all unsafe toys and replace them.

Standard #: 22VAC40-185-430-N
Description: Based on product recall information, observations and discussion with the staff, the facility failed to ensure that upon being informed that a product has been recalled, center staff shall remove the item from the center.

Evidence: Child #4, determined to be 5 months old, was observed in a Fisher Price Rock n' Play Sleeper. All models of the Fisher Price Rock n' Play Sleepers were recalled on April 12, 2019.

Plan of Correction: The center did not know Fisher Price Rocker was on recall until the Inspector told them. All rockers have been removed.

Standard #: 22VAC40-185-470-F
Description: Based on observations and discussion with the staff, the facility failed to ensure that portable wading pools shall be emptied, sanitized and stored in a position to keep them clean and dry.

Evidence: There was a pink wading pool in the grassy area outside of the building that was full of water and debris. The wading pool was in an area that was accessible to children that were playing outside.

Plan of Correction: The center will remove water from pool.

Standard #: 22VAC40-185-500-A
Description: REPEAT VIOLATION

Based on observations and discussion with the staff, the facility failed to ensure that children's hands shall be washed with soap and running water or disposable wipes before or after eating meals or snacks.

Evidence: Child #6 was observed eating. Child #6 did not wash their hands after eating.

Plan of Correction: The center will continue to encourage all staff to stay compliant with washing hands.

Standard #: 22VAC40-185-500-B
Description: Based on observations and discussion with the staff, the facility failed to ensure that disposable diapers shall be disposed in a leakproof or plastic-lined storage system that is either foot-operated or used in such a way that neither the staff member's hand nor the soiled diaper touches an exterior surface of the storage system during disposal.

Evidence: The trashcans used for the disposal of diapers in the Infant Room, The Toddler Room and the 2-3 Year Old Room all had tops that required a hand to push the top down in order to dispose of the diaper. The diapers could not be disposed of in these trashcans without a staff member's hand or the soiled diaper touching the exterior surface of the trashcan.

Plan of Correction: The center will replace all trash cans.

Standard #: 22VAC40-185-540-C
Description: Based on observations and discussion with staff, the facility failed to maintain the minimum first aid kit requirements.

Evidence:
1. The first aid kit for the lower level used by children did not contain the following required items: adhesive tape, scissors and an antiseptic cleaning solution/pads.
2. The first aid kit for the upper level used by children did not contain the following required items: adhesive tape, scissors, tweezers, triangular bandages, band-aids, and thermometer.

Plan of Correction: The center will update their first aid kits.

Standard #: 22VAC40-185-540-E
Description: Based on observations and discussion with the staff, the facility failed to ensure that the required nonmedical emergency supplies were maintained onsite.

Evidence: There was not a working, battery operated flashlight on each floor of the building that is used for children; the battery operated flashlight on the upper level did not work. Children were observed in care on the upper level of the facility.

Plan of Correction: The center will replace all batteries in the center.

Standard #: 22VAC40-185-560-F
Description: REPEAT VIOLATION

Based on observation and discussion with the staff, the facility failed to ensure that when centers choose to provide meals or snacks that a menu listing foods to be served for meals and snack during the current one week period shall be dated and posted in a location conspicuous to parents or given to parents.

Evidence: The current one week menu posted only listed the food to be served on 12/30/2019 and 12/31/2019; the remaining days of the week were blank.

Plan of Correction: The center will make sure all menu are connected for whole week and is posted.

Standard #: 22VAC40-185-560-F-4
Description: Based on observations and discussion with staff, the facility failed to ensure that children three years of age or younger may not be offered foods that are considered to be potential choking hazards.

Evidence: Four children in the Toddler Class and seven children in the 2 year-3 year old class were observed being served and observed eating whole corn dog nuggets and sliced peaches at lunch. The corn dog nuggets and the sliced peaches were not chopped/diced/minced to eliminate the potential for choking. The staff in both classrooms confirmed that the children in care were all 3 years of age or younger. Corn dog nuggets and sliced peaches are considered choking hazards.

Plan of Correction: The center will recommend all staff go to a food training.

Standard #: 22VAC40-185-560-M
Description: Based on observations and discussion with staff, the facility failed to ensure that staff shall sit with children during meal times.

Evidence: Staff #5 stood during lunch and did not sit with the school-aged children during the meal time.

Plan of Correction: The center will make sure all teachers/staff sit down with children during all meals.

Standard #: 22VAC40-185-570-A
Description: Based on observations and discussion with the staff, the facility failed to ensure that high chairs, infant carrier seats, or feeding tables shall be used for children under 12 months who are not held while being fed; when a child is placed in an infant seat or high chair, the protective belt shall be fastened securely.

Evidence: Child #6 was observed being fed in a high chair with the protective belt of the high chair not fastened during this time; Child #6 was determined to be 8 months old.

Plan of Correction: The center will provide infant toddler training.

Standard #: 22VAC40-191-60-B
Description: REPEAT VIOLATION

Based on record review and discussion with the staff, the facility failed to ensure that a person must not be employed until the agency has the person's sworn statement or affirmation.

Evidence:
1. There was not a staff record available to review for Staff #4 during the 12/30/2019 inspection. Staff #6 verified there was not a sworn statement available to review for Staff #4. Staff #4 verified a hire date of 05/28/2018; Staff #4 was observed working during the 12/30/2019 inspection.
2. There was not a staff record available to review for Staff #5 during the 12/30/2019 inspection. Staff #6 verified there was not a sworn statement available to review for Staff #5. Staff #5 verified a hire date of 09/16/2019; Staff #5 was observed working during the 12/30/2019 inspection.

Plan of Correction: The center will develop a stronger system that will assist making sure all hiring papers are in the files in a timely manner.

Standard #: 22VAC40-191-60-C-2
Description: REPEAT VIOLATION

Based on record review and discussion with staff, the facility failed to obtain central registry finding within 30 days of employment.

Evidence:
1. The record for Staff #1 did not contain central registry findings; the documented hire date for Staff #1 was 10/07/2019.
2. The record for Staff #2 did not contain central registry findings; Staff #2 verified a hire date of 10/07/2019.
3. The record for Staff #3 did not contain central registry findings; the documented hire date for Staff #3 was 05/10/2019.
4. The record for Staff #4 did not contain central registry findings; Staff #4 verified a hire date of 05/28/2018.
5. The record for Staff #5 did not contain central registry findings; Staff #5 verified a hire date of 09/16/2019.
6. Staff #6 verified that these documents were not available for review.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 63.2(17)-1720.1-B-2
Description: Based on record review and discussion with staff, the facility failed to ensure that no person shall be hired for compensated employment prior to the facility obtaining an employment eligibility letter upon the completion of a fingerprint background check as required by the Code of Virginia.

Evidence: Staff #4 verified a hire date of 05/28/2018. The date on the employment eligibility letter was 06/12/2018.

Plan of Correction: Not available online. Contact Inspector for more information.

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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