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Colonial Day School Incorporated
6510 N. Military Highway
Norfolk, VA 23518
(757) 855-0333

Current Inspector: Emily Walsh (757) 404-2575

Inspection Date: March 18, 2020

Complaint Related: No

Areas Reviewed:
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-185 SPECIAL SERVICES.

Comments:
An investigation was conducted in response to a self-reported incident of a school aged child being left alone on the facility van. Staff and management were interviewed regarding the alleged lack of supervision and transportation issues. The investigation included additional interviews and review of documentation.

Violations were cited in the areas of administration, staffing and supervision and transportation.

Violations:
Standard #: 22VAC40-185-40-E
Description: Based upon interviews and review of documents, the facility has not ensured that the center?s activities are maintained in compliance with the center?s own policies and procedures that are required by the standards.
Evidence:
The facility written procedure: Van Policy and Procedures, Van Driver and Van Coordinators (Job Description Ext), dated June 2014 and provided to the inspector by the facility states that ?Once van arrives with final children the coordinator will board the van and van will be checked to ensure all children have exited?. The policy was not followed by staff.
1. Staff 2, acting in the role of van coordinator, stated that on 2/18/20, she observed the facility van returning to the facility after dropping the children off at public school in the morning. Staff 2 went out to the van. Staff 2 stated that she walked around and looked in the windows of the van then tapped on the window to signal the van driver (staff 1) that the van was empty. She stated that she did not board the van.
2. Staff 1 in a written statement indicated that staff 2 ?after checking van looked in windows and knocked on the window to give me an all clear as she always does?.

Plan of Correction: Colonial Day School has cared for thousands of children since its founding 40 years ago and our safety record is excellent.

The incident in question has been thoroughly investigated by the director and she has written statements from the driver and witnesses that strongly states the child was on the van, got off the van, the driver walked all students to the door and the child got back on the van from the elementary school in the afternoon. The van is also checked by a 2nd party each am and pm to ensure that no child or his/her belongs are left on the van. Despite the director making a personal visit to the elementary school to request a meeting with the principal and leaving several telephone messages for the principal no meeting was granted to discuss the matter. Their own staff told the director they have no system of recording attendance and dismissing children from the cafeteria area where the van riders await pick up by centers.

The entire matter has caused us such concern we have taken what we believe is strong and decisive action. As of now our plan is to no longer provide transportation to and from local schools. Without a sign in/sign out procedure at those schools we currently do not see how we can continue to provide this service with trust and confidence. We have to be assured that there is a method to record that we have done our job safely and completely. As the current system exists at this public school, we could deliver a child to school he/she could leave the van and enter the building while being watched by the van driver, and then exit the building once the van returns to the center. This system does not exist at the moment at this public school so we have decided that we are ending our transportation program.

We did notify the Virginia Department of Social Services Licensing Division of this matter and are grateful for our licensing specialist for her time on this matter.

Standard #: 22VAC40-185-340-A
Description: Based upon interviews and review of documentation, the facility has not ensured that staff always ensure the care and protection of the children.
Evidence:
On 2/1/8/2020, child 1, aged eight years, was left unsupervised on the facility van for approximately seven hours.
1. Staff verified that on 2/18/20, the facility van was parked and locked in the parking lot behind the facility between the morning public school van run and the after school pick-up run.
2. Child 1?s mother stated that when she arrived to pick up child 1 from the facility in the late afternoon, she could see on her child?s face that something was wrong, that something had happened. He was visibly upset.
3. Child 1 stated to his mother that he was scared so he stayed on his seat in the van all day. He said he was afraid to go into the facility because he knew he was in trouble for not going to public school.
4. Child 1 stated that he was ?stuck? on the van. He stated that when the van driver (staff 1) got back on the van to go pick up the children after school, she did not know he was still on the van.

Plan of Correction: Colonial Day School has cared for thousands of children since its founding 40 years ago and our safety record is excellent.

The incident in question has been thoroughly investigated by the director and she has written statements from the driver and witnesses that strongly states the child was on the van, got off the van, the driver walked all students to the door and the child got back on the van from the elementary school in the afternoon. The van is also checked by a 2nd party each am and pm to ensure that no child or his/her belongs are left on the van. Despite the director making a personal visit to the elementary school to request a meeting with the principal and leaving several telephone messages for the principal no meeting was granted to discuss the matter. Their own staff told the director they have no system of recording attendance and dismissing children from the cafeteria area where the van riders await pick up by centers.

The entire matter has caused us such concern we have taken what we believe is strong and decisive action. As of now our plan is to no longer provide transportation to and from local schools. Without a sign in/sign out procedure at those schools we currently do not see how we can continue to provide this service with trust and confidence. We have to be assured that there is a method to record that we have done our job safely and completely. As the current system exists at this public school, we could deliver a child to school he/she could leave the van and enter the building while being watched by the van driver, and then exit the building once the van returns to the center. This system does not exist at the moment at this public school so we have decided that we are ending our transportation program.

We did notify the Virginia Department of Social Services Licensing Division of this matter and are grateful for our licensing specialist for her time on this matter.

Standard #: 22VAC40-185-340-F
Description: Based upon interviews and review of documents, the facility did not ensure that children under the age of ten years are always in direct sight and sound supervision of staff.
Evidence:
On the morning of 2/18/20, child 1, aged eight years, got on the facility van for transit to public school, but did not exit the van with the other children at Tanners Creek Elementary School at approximately 8:30 AM. Child 1 remained on the van for the return trip to the facility. Upon arriving back at the facility, child 1 did not exit the van. The van driver (staff 1) stated that she parked the van in the facility parking lot behind the facility, exited the van, and entered the facility. Child 1 did not exit the van. Child 1 remained inside the locked van. Child 1, who was still inside the van when it was time to pick up children from school in the afternoon at approximately 3:30 PM, rode the van back to Tanners Creek Elementary and exited with the other school aged children when the van returned to the facility. Child 1 was in the van out of sight and sound supervision of facility staff for approximately seven hours.
1. Staff 1, in a written statement, stated that the facility van left the facility at 8:20 AM and the children were dropped off at Tanners Creek Elementary School at 8:30 AM.
2. The van attendance record dated 2/18/20, provided by the facility, indicated that child 1 boarded the van to be taken to public school.
3. Another agency confirmed that video footage of the entrance to Tanners Creek Elementary School recorded on 2/18/20 between 8:28 AM and 8:50 AM (tardy bell) confirmed that at no time was child 1 observed entering the school building.
4. Interview reported that child 1?s elementary school teacher and the school automated absentee system verified that child 1 was not in school on 2/18/20.
5. Written documentation from Tanner?s Creek Elementary School confirmed child 1?s absence from school on 2/18/20.
6. Child 1 stated that he stayed on the facility van alone after the van returned to the facility and parked and that he stayed on the van until after the afternoon public school pick-up.

Plan of Correction: Colonial Day School has cared for thousands of children since its founding 40 years ago and our safety record is excellent.

The incident in question has been thoroughly investigated by the director and she has written statements from the driver and witnesses that strongly states the child was on the van, got off the van, the driver walked all students to the door and the child got back on the van from the elementary school in the afternoon. The van is also checked by a 2nd party each am and pm to ensure that no child or his/her belongs are left on the van. Despite the director making a personal visit to the elementary school to request a meeting with the principal and leaving several telephone messages for the principal no meeting was granted to discuss the matter. Their own staff told the director they have no system of recording attendance and dismissing children from the cafeteria area where the van riders await pick up by centers.

The entire matter has caused us such concern we have taken what we believe is strong and decisive action. As of now our plan is to no longer provide transportation to and from local schools. Without a sign in/sign out procedure at those schools we currently do not see how we can continue to provide this service with trust and confidence. We have to be assured that there is a method to record that we have done our job safely and completely. As the current system exists at this public school, we could deliver a child to school he/she could leave the van and enter the building while being watched by the van driver, and then exit the building once the van returns to the center. This system does not exist at the moment at this public school so we have decided that we are ending our transportation program.

We did notify the Virginia Department of Social Services Licensing Division of this matter and are grateful for our licensing specialist for her time on this matter.

Standard #: 22VAC40-185-580-K
Description: Based upon staff interviews, the facility has not ensured that they verify that all children are removed from the vehicle at the conclusion of any trip.
Evidence:
1 . On 2/18/2020, child 1 boarded the facility van to be transported to Tanners Creek Elementary School. The van was not checked at the elementary school to ensure that all children had exited the van in that child 1 remained on the van.
a. Staff 1, in written statement, indicated that child 1 was dropped off at Tanner?s Creek Elementary School, however another agency confirmed that video footage of the entrance to Tanners Creek Elementary School recorded on 2/18/20 between 8:28 AM and 8:50 AM (tardy bell) confirmed that at no time was child 1 observed entering the school building
b. Tanners Creek Elementary School administration verified in writing that child 1 did not attend school on 2/18/20.
2. When the van returned to the facility, the facility did not ensure that all children had exited the van as child 1 remained on the van until the afternoon after school pick-up.
3. Attendance records for 2/18/20 , provided by the facility, do not document the departure of the children from the facility van.

Plan of Correction: Colonial Day School has cared for thousands of children since its founding 40 years ago and our safety record is excellent.

The incident in question has been thoroughly investigated by the director and she has written statements from the driver and witnesses that strongly states the child was on the van, got off the van, the driver walked all students to the door and the child got back on the van from the elementary school in the afternoon. The van is also checked by a 2nd party each am and pm to ensure that no child or his/her belongs are left on the van. Despite the director making a personal visit to the elementary school to request a meeting with the principal and leaving several telephone messages for the principal no meeting was granted to discuss the matter. Their own staff told the director they have no system of recording attendance and dismissing children from the cafeteria area where the van riders await pick up by centers.

The entire matter has caused us such concern we have taken what we believe is strong and decisive action. As of now our plan is to no longer provide transportation to and from local schools. Without a sign in/sign out procedure at those schools we currently do not see how we can continue to provide this service with trust and confidence. We have to be assured that there is a method to record that we have done our job safely and completely. As the current system exists at this public school, we could deliver a child to school he/she could leave the van and enter the building while being watched by the van driver, and then exit the building once the van returns to the center. This system does not exist at the moment at this public school so we have decided that we are ending our transportation program.

We did notify the Virginia Department of Social Services Licensing Division of this matter and are grateful for our licensing specialist for her time on this matter.

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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