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Kiddie Academy of Midlothian
6801 Woodlake Commons Loop
Midlothian, VA 23112
(804) 639-3800

Current Inspector: Susan Ellington-Sconiers (804) 588-2368

Inspection Date: Nov. 21, 2019 , March 16, 2020 and May 26, 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 SERVICES.
22VAC40-191 Background Checks (22VAC40-191)
63.2(17) License & Registration Procedures

Technical Assistance:
n/a

Comments:
The licensing inspector completed an unannounced monitoring inspection in response to a self-reported incident regarding forbidden action that occurred at the center on November 14, 2019. The department was notified of the incident on November 20, 2019. The investigation was initiated on November 21, 2019 and completed on June 5, 2020. On November 21, 2019, the licensing inspector conducted an unannounced joint inspection with local agencies from approximately 10:15am to 1:45pm. Interviews were completed, video footage and observations were made, and documentation was reviewed. Additional interviews were conducted on March 16, 2020 and May 26, 2020. Violations of standards were found during the inspection and are identified on the violation notice.

Please complete the `plan of correction? and `date to be corrected? for each violation cited on the violation notice and return it to me within 5 business days from the date of receipt. You should specify how the deficient practice will be or has been corrected. Your plan of correction should contain: 1) steps to correct the noncompliance with the stand(s), 2) measures to prevent the noncompliance from occurring again; and 3) person(s) responsible for implementing each step and/or monitoring any preventive measure(s).

If you have any questions, please contact the licensing inspector, Florence Martus, at (804) 662-9772.

Violations:
Standard #: 22VAC40-185-40-E
Description: Based on a review of documentation, interviews, and video footage, the center did not maintain compliance with the center's own policies and procedures that are required by these standards.

Evidence: 1) The following was observed through video footage provided by the center on November 21, 2019: On November 14, 2019, Staff #1 held 15 month-old Child #1's right arm and walked with him across the classroom towards the door to go outside. In the course of the two minute video, Child #1's feet were observed off the ground approximately five times while Staff #1 held his right arm, lifting the child off of the ground while his body dangled in the air for a total of approximately 19 seconds. Child #1 was observed crying throughout the course of the video while Staff #1 held him by the arm.

2) During interviews, Staff #2 reported Child #1's right arm was dislocated as a result of Staff #1's actions on November 14, 2019.

3) On a written statement dated November 20, 2019, the center notified Staff #1 that they were terminated effective November 20, 2019 for "Roughly handling a child causing injury to a child. Furthermore, according to Kiddie Academy of Midlothian Employee Handbook pages 23-24 under Discipline and Termination states: Pg. 23 3rd paragraph - The following is a list of examples of behavior which Kiddie Academy deems serious enough to warrant termination on first offense. The list is by way of example only, and is not to be considered a complete or total list of offenses that may result in immediate termination. Pg. 24 - conduct which subjects a child to abuse, neglect, rough handling or injurious treatment..."

Plan of Correction: Per the Center: "Staff #1 was terminated. Positive guidance training was given to all employees"

Standard #: 22VAC40-185-410-1
Description: Based on a review of documentation, interviews, and video footage, the center did not ensure that staff did not use a forbidden action of rough handling a child.

1) Video footage of the toddler classroom reviewed on November 21, 2019, revealed that on November 14, 2019, Staff #1 roughly handled a child in care. In the video, a group of children and two staff members are observed preparing to go outside. The video, which was 2 minutes in length, shows Staff #1 and 15-month-old Child #1 walking across the classroom towards the door to go outside. During this time, Staff #1 held Child #1 by the right arm lifting the child off of the ground while his body dangled in the air when the child would not walk on his own. Child #1?s feet were observed off the ground approximately five times for a total of approximately 19 seconds. Child #1 was observed crying throughout the course of the video while Staff #1 held him by the arm.

2) During interview, Staff #2 reported Child #1?s right arm was dislocated and required outside medical treatment as a result of Staff #1?s actions on November 14, 2019.

Plan of Correction: Per the Center: "Staff #1 was terminated. Positive guidance training took place for all staff."

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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