VIRGINIA DEPARTMENT OF SOCIAL SERVICES

JMU - Young Children's Program
821 South Main Street
Harrisonburg, VA 22807
(540) 568-6089

Current Inspector: Michelle Argenbright (540) 848-4123

Inspection Date: March 3, 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. 22VAC40-80 THE LICENSING PROCESS. 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.

Technical Assistance:

We discussed the requirements for background checks and staff records. The risk assessments for violations were provided. We talked about safe storage of hand sanitizers, which contain ethyl alcohol, and should not be used in place of required hand washing with soap and water, or use of disposable wipes during certain circumstances. Also, we talked about outside maintenance.

Comments:

Thank you for your assistance during the unannounced renewal inspection conducted from 10:05 AM to 4:30 PM. Today, there were fifty-four preschool age children with seven staff and five to six students serving as staff. Twelve children remained for extended afternoon hours with three staff. I viewed program activities, daily routines, staffing, supervision, interactions with children, equipment, meals/snacks, agency inspection reports, medication, injury records, emergency supplies and drill records, posted information, five records for children, fifteen records for staff and volunteer staff, staff qualifications, staff training, background checks for business entity representatives, indoor and outdoor areas. The children have enjoyed a variety of developmentally appropriate learning opportunities in the classroom and outside. Some children had woodworking activities introduced to them as an activity choice. Recent group discussions have been about coping and confidence. A variety of materials and equipment continue to be accessible both inside and outdoors. The recommendation for issuance of a renewed license will be made once all required background checks are received. Let me know if you have any questions or need any assistance. 540/430-9259

Violations:

Standard #:	22VAC40-185-160-C
Description:	Based on a review of fifteen records for staff and volunteer staff, and an interview with administrative staff, the program failed to obtain updated results of tuberculosis screenings for all staff by two years from the date of the last tuberculosis screening dates. Evidence: The TB statement completed on November 15, 2017 for staff member 2 was not updated until November 18, 2019. The TB statement completed on May 13, 2017 was not updated until May 16, 2019.
Plan of Correction:	Administrative staff will closely monitor all due dates for required paperwork and inform staff two months in advance of upcoming deadlines.
Standard #:	22VAC40-191-40-D-1-A
Description:	Based on a review of the background checks for business entity representatives and staff, and interviews with administrative staff, the program failed to obtain a sworn statement, or written affirmation, before the end of thirty days after the change in a person responsible for the program. Evidence: A new person was listed in the renewal application as a person responsible for the program. A completed sworn statement for BE1 was not available to view during the renewal inspection on March 3, 2020. Administrative staff confirmed that BE1 replaced another representative who provided oversight of the program effective December 18, 2020.
Plan of Correction:	The sworn statement was completed by BE1 on March 4, 2020 and shared with the licensing inspector. The background check information for BE1 will be maintained in a file and accessible during inspections.
Standard #:	22VAC40-191-60-C-2
Description:	Based on a review of records for staff, and interviews with administrative staff, the program failed to obtain all required Virginia Central Registry findings within thirty days of employment or volunteer service. Evidence: Staff member 7, who began work as a volunteer staff person after September 10, 2019, did not have a Virginia Central Registry finding in the records maintained by the program. Administrative staff confirmed that the background check could not be located for the record.
Plan of Correction:	Administrative staff will contact the V.D.S.S. agency in Richmond to inquire about a requested background check or arrange for staff member 7 to complete another request form and have the request sent to Richmond. If a request is made, a copy of the form will be shared with the licensing inspector. The required background checks will be obtained, viewed and maintained with the staff records. A copy of the finding will be shared with the licensing inspector. The administrative staff assigned to arranging for the background check requests will use a tracking system for dates of requests and completed background checks. If a background check is not received on time, an administrative staff person will call the agency to inquire about processing of the request.
Standard #:	63.2(17)-1720.1-B-3
Description:	Based on a review of staff records, and interviews with administrative staff, the program failed to obtain a copy of the results of any child abuse and neglect registry or equivalent registry maintained by any other state in which the individual has resided in the preceding five years for any founded complaint of child abuse or neglect for all staff and volunteer staff. Evidence: Staff member 8 began work with the program January 27, 2020 and indicated in writing on October 28, 2019 that another state was resided in during the previous five years. On December 12, 2019, the director shared communication from the state where a request for the background check was made that told of a hold on processing the request because the reason the program gave for the need for the finding was the Adam Walsh law when it should have been according to the Code of Virginia requirement. There was not a finding of the out-of-state search for Staff member 8 available during the record review. Staff member 9 began work on January 21, 2020 and indicated in writing on October 22, 2019 that another state was resided in during the previous five years. There was not a copy of a request form or finding available during the record review for staff member 9. Administrative staff confirmed that the request was made within thirty days of employment as required and since employment.
Plan of Correction:	Administrative staff will follow-up with the appropriate agencies about the requests for staff members 8 and 9 to obtain the required findings. The findings will be shared with the licensing inspector, and maintained in the program records. A system for tracking the requests and background check dates will be used by assigned staff to ensure all required information is obtained for individual records.
Standard #:	63.2(17)-1721.1-B-2
Description:	Based on a review of background checks for business entity representatives, and interviews with administrative staff, the program failed to obtain the results of fingerprint findings, during a criminal history record check, before the end of thirty days after the change in a person responsible for the program. Evidence: A new person was listed in the renewal application as a person responsible for the program. A criminal record check was not available to view during the renewal inspection on March 3, 2020. Administrative staff confirmed that BE1 replaced another representative who provided oversight of the program effective December 18, 2019 and the required background check through the Office of Background Investigations had not been requested and obtained.
Plan of Correction:	BE1 made a field print appointment for March 5, 2020 and confirmation of the appointment was shared with the licensing inspector on March 4, 2020. The results of the fingerprint background check dated March 6, 2020 was shared with the licensing inspector on March 27, 2020. The background checks for persons responsible for the program will be maintained on file, with the dates tracked, and requested on time in the future.
Standard #:	63.2(17)-1721.1-B-3
Description:	Based on a review of background checks for business entity representatives, and interviews with staff, the program failed to obtain a copy of the results of any child abuse and neglect registry or equivalent registry maintained by any other state in which the individual has resided in the preceding five years for any founded complaint of child abuse or neglect as required for a new person who became responsible for the program. Evidence: BE 1 became responsible for licensed operation on December 18, 2019. Administrative staff confirmed that an out-of-state child abuse registry search was needed and was not requested within thirty days and since December 18, 2019. BE1 indicated in writing on March 4, 2020 that another state was resided in during the previous five years.
Plan of Correction:	A copy of the request form for the out-of-state child abuse registry search was completed, shared with the licensing inspector and mailed on March 5, 2020. The findings will be shared with the licensing inspector, and maintained in the program records. In the future, the assigned staff will make sure requests for background checks are completed within thirty days for any new business representatives.