VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Brilliant Beginnings Learning Center III
3740 Holland Road
Virginia beach, VA 23452
(757) 486-2252

Current Inspector: Arlene Agustin (804) 629-7519

Inspection Date: May 29, 2020 and June 10, 2020

Complaint Related: No

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 63.2(17) License & Registration Procedures

Comments:

This inspection was conducted by licensing staff using an alternate remote protocol, necessary due to a state of emergency health pandemic declared by the Governor of Virginia. A monitoring inspection with the local agency was initiated on 5/28/20 and concluded on 7/10/20. A self-reported incident was received by the department on 5/28/20 regarding allegations in the areas of behavior guidance and the supervising of children in care. The director was contacted by telephone to conduct the investigation. The inspector did a virtual tour of the center and conducted interviews of staff. The evidence gathered during the investigation resulted in violations of the standards that are listed on the violation report.

Violations:

Standard #:	22VAC40-185-40-E
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 its own policies and procedures for discipline. Evidence: 1. The facility's policy states that "At no point should a teacher use physical punishment, enclosure in a confined space, punishment by another child, separation from the group so the child is no longer being supervised, withholding food or rest, demeaning remarks, punishment for toileting accidents, or punishment by applying unpleasant or harmful substances." 2. Staff #2 (Program Administrator) in an email stated that staff #1?s actions with child #1 (six years old) fall outside of Brilliant Beginnings' Discipline Policy and State Licensing Guidelines resulting in the termination of staff #1.
Plan of Correction:	The facility responded: On 5/28/2020 (date of incident), Management immediately separated the staff member from employment and contacted the affected child?s parent. In addition, authorities (police, DSS and CPS) were immediately contacted. On 6/02/2020, Management reviewed BBLC policy regarding physical punishment with staff, indicating that severe consequences would result with proven violation of this policy.
Standard #:	22VAC40-185-340-A
Description:	Based on a review of video footage, interviews, 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. On 5/28/20, staff #1 was observed in video footage (provided by the facility) physically interacting (grabbing, pushing, and kicking) with child #1 (six years old ) for approximately five minutes in a way that could have resulted in physical harm. 2. After viewing the video footage, staff #2 (Program Administrator) confirmed that staff #1 during her interactions with child #1 was not ensuring the care, protection, and guidance of child #1.
Plan of Correction:	The facility responded: On 6/02/2020, to ensure the proper care and safety of our children, Management conducted an all-staff training session via Zoom that covered strategies for managing challenging behaviors, appropriate handling of students, forbidden discipline strategies; de-escalation strategies; when management intervention is appropriate, and mandated reporting. We will continue to train staff on child abuse and neglect before allowing them to interact with children. Also, a second monitor is being installed in the Director?s office to provide additional eyes on each classroom. Screens will be monitored continuously by the Directors to observe all teacher-student interactions and ensure teachers are following BBLC policy as well as Licensing standards.
Standard #:	22VAC40-185-400-A
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. Staff #3 stated that on 5/28/20 staff #1 informed her that she was ?done? and couldn?t deal with behaviors anymore and she was about to walk out. 2. In response to the statement made by staff #1, staff #3 then went and viewed the video from the School Age classroom. Staff #1 was observed responding to child #1 (six years old) who was acting out, by grabbing, pushing and kicking child #1. 3. Staff #1 was also observed grabbing a tub of toys out of child #1?s hands in a forceful manner. 4. In the video, child #1 can be seen responding by fighting back each time staff #1 physically engaged him. 5. Staff #2 (Program Administrator) stated that staff #1 was not using appropriate behavior guidance when interacting with child #1 since she did not provide the needed help, comfort and support to address his acting out.
Plan of Correction:	The facility responded: On 6/02/2020, Management discussed with staff the importance of immediately bringing to their attention when a child?s behavior becomes threatening or aggressive. Management can provide support to both the student and the teacher in these situations and very possibly head off a situation where the student or the teacher are involved in a physical interaction. Management will work diligently to identify students whose behaviors are better suited in an alternative care setting as well as continue to provide further support to teachers who readily identify children with maladaptive behaviors. Weekly reporting has been instituted to provide ownership with information regarding concerning behaviors by teachers and students. Effective immediately, monitoring of classrooms is being increased (both physically and by viewing classroom via monitors) to provide guidance and feedback to teachers and view first-hand specific student behaviors.
Standard #:	22VAC40-185-410-1
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 using forbidden actions in an attempt to discipline child #1 for his behavior. a. Staff #1 was observed grabbing the left arm of child #1 and pulling him by the arm across the classroom twice. b. Staff #1 was observed pushing child #1 to the ground twice. c. Staff #1 was observed kicking child #1 while he was on the ground. d. Staff #1 was observed placing her knee in the back of child #1 while pulling the arms of child #1 behind in an effort to restrain him. 2. During an interview with the local agency, staff #1 admitted that she had grabbed child #1(six years old) by the wrist and that she had kicked him. 3. After reviewing the video, staff #2 (Program Administrator) confirmed that staff #1 used various forbidden action as a means of discipline on child #1.
Plan of Correction:	The facility responded: On 6/02/2020, Management discussed forbidden responses and discipline strategies when interacting with a child showing maladaptive or negative behaviors. In addition, appropriate responses and actions were discussed for when a teacher finds him/herself in this situation (i.e. attempt to redirect student, provide cool-down time, discuss feelings and emotions child is experiencing and asking for Management help). Management will work diligently to identify students whose behaviors are better suited in an alternative care setting as well as continue to provide further support to teachers who readily identify children with maladaptive behaviors.