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Divine Kare Learning Center
1929 South Sycamore Street
Petersburg, VA 23805
(804) 957-5639

Current Inspector: Sharon Curlee (804) 840-8312

Inspection Date: Jan. 27, 2020

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)
32.1 Report by person other than physician
63.2 Child Abuse & Neglect
63.2(17) License & Registration Procedures
63.2 Facilities & Programs.

Comments:
The licensing inspector conducted an unannounced monitoring inspection on 1/27/2020 from 11:48am to 4:45pm. The children were observed watching movies, eating lunch and preparing for nap. A formal observation was completed with the infant and toddler/twos/preschool classroom. The menu was posted. Interviews were held with staff throughout the inspection, and the inspector interacted with children in each classroom when appropriate. All classrooms were inspected today.

Five children?s records and seven employee records were reviewed during this inspection. The center administers medication; however they did not have any being given at this time. Five injury reports were reviewed.

Last fire inspection: 10/23/2019
Last health inspection: 12/16/2019
Last fire drill: 12/06/2019

Today, the following child to staff ratios were observed:

Infants - 4:1
Toodler, Twos, and Preschool - 6:2
School Age - 4:1

The violations from the previous inspections were checked for corrections. There were two repeat violations found during today?s inspection.

If you have any questions about this inspection, please contact the licensing inspector, Kandra Brown, at (804) 662-9038.

Violations:
Standard #: 22VAC40-185-130-A
Description: Based on record review, the center did not ensure one of five children's records contained documentation that each child has received the immunizations required by the State Board of Health before the child can attend the center.
Evidence:
The record of child #4 (start date: 09/09/2019) had documentation of immunizations dated 10/29/2019.

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

Standard #: 22VAC40-185-140-A
Description: Based on record review, the center did not ensure three of five children's records contained documentation of a physical examination before the child's attendance or within one month after attendance.
Evidence:
1. The record of child #2 (start date: 11/4/2019) did not contain documentation of a physical examination.
2. The record of child #3 (start date: 12/12/2019) did not contain documentation of a physical examination.
3. The record of child #5 (start date: 9/20/2019) did not contain documentation of a physical examination.

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

Standard #: 22VAC40-185-150-B
Description: Based on record review, the center did not ensure immunization records for three of five children were signed by a physician, his designee, or an official of a local health department.
Evidence:

1. The record of child #1 (start date: 1/14/2020) had documentation of immunizations that were not signed or stamped by a physician or physician's designee.

2. The record of child #2 (start date: 11/04/2019) had documentation of immunizations that were not signed or stamped by a physician or physician's designee.

3. The record of child #3 (start date: 12/12/2019) had documentation of immunizations that were not signed or stamped by a physician or physician's designee.

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

Standard #: 22VAC40-185-160-A
Description: Based on record review, the center did not ensure two of seven staff records contained documentation of a negative tuberculosis screening no later than 21 days after employment.
Evidence:
1. The record of staff #4 (start date: 10/07/2019) did not have documentation of a negative tuberculosis screening.
2. The record of staff #5 (start date: 10/16/2019) did not have documentation of a negative tuberculosis screening.

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

Standard #: 22VAC40-185-50-A
Description: Based on record review, the center did not ensure to treat children's records confidentially.
Evidence:
The center had two behavior incident reports completed. The reports were provided to and signed by the parents of the children who caused an injury to another child, and included the injured child's name. Center's should keep all children's records, including injuries, confidential.

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

Standard #: 22VAC40-185-60-A
Description: Based on record review, the center did not ensure two of five children's records contained all required documentation.
Evidence:
1. The record of child #1 (start date: 1/14/2020) did not contain documentation of one of the two required emergency contact addresses.
2. The record of child #5 (start date: 9/20/19) did not contain documentation of one of the two required emergency contact addresses.

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

Standard #: 22VAC40-185-70-A
Description: Based on record review, the center did not ensure seven of seven staff records contained all of the required documentation.
Evidence:
1. The record of staff #1 (start date: 11/12/2019) did not have documentation of the following: written information to demonstrate that the staff possesses the education, orientation training, staff development and experience required by the job description.
2. The record of staff #2 (start date: 1/8/2020) did not have documentation of the following: two or more references; name, address and phone number of a person to be notified in an emergency; information about any health problems which may interfere with fulfilling job responsibilities; written information to demonstrate that the staff possesses the education, orientation training, staff development and experience required by the job description.
3. The record of staff #3 (start date: 11/6/2019) did not have documentation of the following: written information to demonstrate that the staff possesses the education, orientation training, and staff development required by the job description.
4. The record of staff #4 (start date: 10/7/2019) did not have documentation of the following: written information to demonstrate that the staff possesses the orientation training and staff development required by the job description.
5. The record of staff #5 (start date: 10/16/2019) did not have documentation of the following: written information to demonstrate that the staff possesses the orientation training, staff development and experience required by the job description.
6. The record of staff #6 (start date: 12/12/2019) did not have documentation of orientation training.
7. The record of staff #7 (start date: 7/29/2019) did not have documentation of the following: orientation training, staff development and experience required by the job description.

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

Standard #: 22VAC40-185-200-A
Description: Based on observation and interviews, the center did not ensure to have a qualified program director or a qualified back-up program director who meets one of the director qualifications, regularly on site at least 50% of the center's hours of operation.
Evidence:
1. The center's representative informed the inspector that the current program director is present about 4 hours per day, and the center?s hours of operation are 6am to 6pm, Monday - Friday.
2. There was no one qualified to be a program director present during the time of the inspection.
3. Staff interviews revealed the following: the program director calls periodically to check on the center, conducts staff meetings, and is not present at least 50% of the center's hours of operation.

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

Standard #: 22VAC40-185-240-D-5
Description: Based on observation and record review, the center did not ensure to have at least one staff member on duty who has obtained within the last three years instruction in performing the daily health observation of children.
Evidence:
The inspector reviewed all records for staff present during the inspection on 1/27/2020. The staff present at the center during the inspection did not have documentation of daily health observation training.

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

Standard #: 22VAC40-185-270-A
Description: Based on observation, the center did not ensure areas and equipment of the center, were maintained in a clean, safe and operable condition.
Evidence:
1. There was a heater, located on a shelf, plugged into a wall in the toddler, twos and preschool classroom. The heather cord was hanging presenting an entanglement hazard, and the heater could fall on a child if pulled.
2. There was a radio, located on a crate, plugged into a wall in the infant classroom. The radio cord was hanging presenting an entanglement hazard, and the radio could fall on a child if pulled.

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

Standard #: 22VAC40-185-280-B
Description: Based on observation, the center did not ensure hazardous substances such as cleaning materials were kept in a locked place using a safe locking method that prevents access by children.
Evidence:
The center's front hallway girls bathroom had two cleaners located in an unlocked cabinet, within the reach of children.

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

Standard #: 22VAC40-185-340-F
Description: Based on observation, the center did not ensure children under 10 years of age always were within actual sight and sound supervision of staff, except that staff need only be able to hear a child who is using the restroom.
Evidence:
The inspector observed school age children on three separate occasions, leave the classroom and use the bathroom in the center's front hallway. The teacher was located in the classroom and could not hear the child in the bathroom.

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

Standard #: 22VAC40-185-500-A
Description: Based on observation, the center did not ensure that staff wash their hands with soap and running water before and after helping a child use the toilet or a diaper change.
Evidence:
Staff #1 diapered two children consecutively and did not wash their hands before and after diapering.

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

Standard #: 22VAC40-185-500-B
Description: Based on observation, the center did not ensure that disposable diapers were disposed in a leak proof 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:
1. There were soiled diapers in a plastic bag located in the preschool classroom.
2. Staff #1 diapered two children and put the soiled diapers in a plastic bag.

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

Standard #: 22VAC40-185-520-C
Description: Based on observation, interviews and record review, the center did not ensure that used diaper creams had written parent authorizations.
Evidence:
There were five tubes of diaper cream located in the infant room. The infant teacher informed the inspector that all of the diaper creams are used periodically on the infants. The infants' records did not contain written parent authorization for each diaper cream.

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

Standard #: 22VAC40-185-550-M
Description: Based on record review, the center did not maintain a written record of children's serious and minor injuries with all required documentation.
Evidence:
1. Two of five injury reports reviewed did not contain documentation of the time parents were notified.
2. Three of five injury reports reviewed did not contain documentation of the method parents were notified.
3. Four of five injury reports reviewed did not contain documentation of any future action to prevent recurrence of the injury.
4. Two of five injury reports reviewed did not contain one of the two required signatures.

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

Standard #: 22VAC40-185-560-F
Description: Based on observation, the center did not ensure to follow the most recent, age-appropriate nutritional requirements of a recognized authority such as the Child and Adult Care Food Program of the United States Department of Agriculture (USDA).
Evidence:
1. The school age children were served 4 of the 5 required meal components for lunch. Interviews with staff revealed that the school age children ate one serving of the following; Hot dogs, green beans, corn chips and apple juice. The children were not served milk for lunch.
2. The toddler, twos and preschool children were served 4 of the 5 required meal components for lunch. Interviews with staff revealed that the toddlers, twos and preschool children ate one serving of the following; Hot dogs, green beans, pears, corn chips and apple juice. The children were not served milk for lunch.

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

Standard #: 22VAC40-185-560-F-4
Description: Based on observation, the center did not ensure that foods that are considered to be potential choking hazards are not offered to children three years of age or younger.
Evidence:
Upon arrival, the inspector observed the children eating lunch. Two toddler children were served hot dogs cut into several small round sphere shaped pieces. The toddlers were observed eating the hot dog pieces during lunch time. Hot dogs, when served in a sphere shape, are considered to be a choking hazard to children three years of age or younger .

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

Standard #: 22VAC40-185-570-E
Description: Based on observation, the center did not ensure that prepared infant formula was refrigerated, dated and labeled with the child's name.
Evidence:
Two of six bottles containing prepared infant formula, located in the infant room refrigerator, were not dated.

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

Standard #: 22VAC40-191-60-B
Description: Based on record review, the center did not ensure one of seven staff records contained documentation of a sworn statement completed prior to the first day of employment.
Evidence:
The record of staff #3 (start date: 11/6/19) did not have documentation of a sworn statement.

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

Standard #: 22VAC40-191-60-C-2
Description: Based on record review, the center did not ensure five of seven staff records had documentation of central registry results by the end of the 30th day of employment.
Evidence:
1. The record of staff #1 (start date: 11/12/19) did not have documentation of central registry results.
2. The record of staff #3 (start date: 11/06/19) did not have documentation of central registry results.
3. The record of staff #5 (start date: 10/16/19) did not have documentation of central registry results.
4. The record of staff #6 (start date: 12/12/19) did not have documentation of central registry results.
5. The record of staff #7 (start date: 07/29/19) did not have documentation of central registry results.

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

Standard #: 63.2(17)-1720.1-B-2
Description: Based on record review, the center did not ensure one of seven staff records contained documentation of fingerprint results prior to the first day of employment.
Evidence:
The record of staff #3 (start date: 11/6/19) did not have documentation of fingerprint results.

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.

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