VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Mt. Trashmore Family YMCA Preschool
4441 South Boulevard
Virginia beach, VA 23452
(757) 456-9622

Current Inspector: Nanette Roberts (757) 404-2322

Inspection Date: Jan. 2, 2020 , Jan. 13, 2020 and Feb. 12, 2020

Complaint Related: Yes

Areas Reviewed:

22VAC40-185 ADMINISTRATION. 22VAC40-185 STAFF QUALIFICATIONS AND TRAINING. 22VAC40-185 STAFFING AND SUPERVISION. 22VAC40-185 PROGRAMS. 22VAC40-191 Background Checks (22VAC40-191) 63.2 Child Abuse & Neglect

Comments:

The Licensing Inspector conducted an unannounced inspection with the local agency on 1/2/20 in response to a complaint that was received in the Licensing office on 11/26/19 concerning behavior guidance. Additional interviews were conducted at the local agency's office on 1/13/20 and 2/12/20. Observations were conducted, staff were interviewed, and documentation was reviewed during the investigation. Based on the information gathered during the investigation, the evidence supports the complaint and is deemed to be valid. The area of non-compliance associated with the complaint is on the attached violation notice.

Violations:

Standard #:	22VAC40-185-40-E
Complaint related:	Yes
Description:	Based on a review of the facility's policies, video footage, documentation, and interviews, it was determined that the licensee did not ensure that the facility follows it's own policies and procedures for discipline. Evidence: 1. The facility's policy states that "Corporal punishment such as, but not limited to, spanking, forcing a child to assume an uncomfortable position, restraining to restrict movement through binding or tying; enclosing in a confined space, using exercise as a means of punishment, withholding food, water or nap is forbidden under the YMCA philosophy and policies." a. Staff #2 (Program Director) confirmed that during nap time staff #1 used various behavior guidance techniques while interacting with child #1 that violated the facility's behavior guidance policy in using forbidden actions.
Plan of Correction:	The facility responded: Staff #1 was terminated from her position. Preschool staff were re-trained on the YMCA's code of conduct and received refresher training on behavior management.
Standard #:	22VAC40-185-340-A
Complaint related:	Yes
Description:	Based on a review of video footage, interviews, a tour of the facility, 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. The parent of child #1 (two years old) picked her up on 11/22/19, and was not told of any injuries/incidents involving her child. Once at home, the parent discovered that child #1 had several red marks on her right leg. 2. Staff #1 was observed in video footage (provided by the facility) grabbing the right leg of child #1 to re-position her on her cot. 3.. Staff #1, while working alone, was also observed using her personal cell phone while she was supposed to be supervising six children in the Two year old classroom.
Plan of Correction:	The facility responded: Parent of child #1 notified staff #2 of the incident on Monday, November 25, 2019. Upon learning of the incident, staff #1 was questioned and then placed on suspension pending investigation.
Standard #:	22VAC40-185-400-A
Complaint related:	No
Description:	Based on a review of video footage, interviews, and a review of documentation, it was determined that the facility did not ensure that staff shall interact with the child and one another to provide needed help, comfort, support. Evidence: 1. On 11/22/19, staff #1 can be seen on video footage provided by the facility using discipline on child #1 (two years old) that was not age appropriate. a. Staff #1 was observed grabbing the right leg of child #1 to re-position her cot with enough force to leave several red marks on her right leg. b. Staff #1 was also observed pulling a pacifier from the mouth of child #1. c. Staff #1 was observed taking child #1's shoes from her and placing them in her cubby. Later, staff #1 can be seen putting the shoes back on child #1 in a forceful manner. d. Staff #1 was observed using her foot to lift the cot of child #1, while child #1 was on it, and then drop it back to the floor in an effort to move the cot back against the wall. 2. Staff #2 confirmed that staff #1 was not using the appropriate behavior guidance when interacting with child #1.
Plan of Correction:	The facility responded: All Preschool staff received refresher training on behavioral guidance, YMCA's code of conduct and licensing guidelines.
Standard #:	22VAC40-185-410-1
Complaint related:	Yes
Description:	Based on a review of video footage, interviews, and a review of documentation, it was determined that the facility did not ensure that staff do not use forbidden actions when disciplining children in care. Evidence: 1. Staff #1 was observed grabbing the right leg of child #1, while on her cot with enough force to leave several red marks during nap time on 11/22/19. ., 2. Staff #1 stated that she had to re-position child #1 multiple times as she kept moving off the cot. 3. Staff #2 confirmed that staff #1 used physical punishment as a means of discipline on child #1.
Plan of Correction:	The facility responded: Upon review of the tapes, staff interviews, and staff #1 and parent meeting, it was determined that staff #1 violated the YMCA's code of conduct and licensing regulations. Staff #1 was terminated from her positio