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KinderCare Learning Center - Chester
4021 West Hundred Road
Chester, VA 23831
(804) 796-1464

Current Inspector: Tara Barton (804) 381-8487

Inspection Date: Dec. 1, 2020 , Dec. 2, 2020 and Dec. 4, 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.
22VAC40-80 THE LICENSE.
22VAC40-191 Background Checks (22VAC40-191)
20 Access to minor?s records
32.1 Report by person other than physician
63.2 Child Abuse & Neglect

Technical Assistance:
None

Comments:
The licensing inspector completed a monitoring inspection in response to a self-reported concern regarding forbidden actions and behavior management that occurred at the center on November 18, 2020. The Department was notified of the incident on November 20, 2020. On November 20, 2020 the licensing inspector conducted a phone interview. The investigation continued with a review of documentation on December 1, 2020 and additional interviews on December 2, 2020 and December 4, 2020. The preponderance of the evidence gathered during the investigation supports areas of noncompliance with the licensing standards related the supervision of children.

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. Please 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 standards, 2) measures to prevent the noncompliance from occurring again, and 3) person(s) responsible for implementing each step and/or monitoring any preventative measure(s).

If you have any questions about this inspection, please contact the Licensing Inspector at (804) 662-9092.

Violations:
Standard #: 22VAC40-185-140-A
Description: Based on a review of two children's record, one record did not contain a physical.

Evidence:
The licensing inspector observed the record for Child #1 (start date 6/24/2019) did not contain documentation of a physical, which is required within the first month of attendance. Administration was unable to locate a physical for Child #1 during the inspection.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-40-E
Description: Based on a review of documentation and an interview, the center did not ensure that the center's activities are in compliance with the center's own policies and procedures that are required by these standards.
Evidence:
1. On 11/20/2020, the licensing inspector conducted an interview with administration. Staff #3 reported that the employment of Staff #1 had been terminated due the use of physical discipline in the two-year old classroom. Staff #1 reported to administration that the center's behavior management policies were not effective for some children, and Staff #1 had obtained verbal permission from the parents of those children to utilizing "plucking" to manage behaviors.
2. On 12/1/2020, the licensing inspector reviewed the center's "Unacceptable Child Guidance" policy from the staff handbook. The center's policy states "certain discipline methods are not acceptable, including any physical punishment."

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-400-B
Description: Based on a review of documentation and staff interviews, the center did not ensure that behavioral guidance shall be constructive in nature, age and stage appropriate, and shall be intended to redirect children to appropriate behavior and resolve conflicts.

Evidence:

1. On 12/1/2020 the licensing inspector reviewed the record for Staff #1. The record documented that on 11/18/2020 Staff #1 made an admission to administration that she used physical punishment to discipline children. The record documented that Staff #1 utilized "plucking" as a physical punishment. The record documented that the employment of Staff #1 was terminated on 11/19/2020 violating the center's "Unacceptable Child Guidance policies and admitting to physically punishing children." The record documented that administration spoke to Staff #1 on 11/18/2020 and Staff #1 stated the following:
she had communicated with parents regarding behavior management and Staff #1 had been advised by multiple parents to utilize "plucking" children as a disciplinary action.

2. On 12/2/2020 licensing interviewed a staff member who reported having observed Staff #1 "plucking" children in the two-year old classroom as physical punishment for not following directions on multiple occasions. On 11/18/2020 at approximately 5:30 PM the staff member observed Staff #1 plucking Child #2 (two-years old) after telling the child to sit down about three times. Staff #1 plucked the child in face, on the ears, and on the arms. Child #2 fell to the floor, crying, and was trying to move away from Staff #1. Staff #1 telling Child #2 "you better sit down."

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 22VAC40-185-410-1
Description: Based on a review of records and interviews, the facility did not ensure that physical punishment and rough handling of a child is forbidden.

Evidence:

1. On 12/1/2020 the licensing inspector reviewed the record for Staff #1. The record documented that on 11/18/2020 Staff #1 made an admission to administration that she used physical punishment to discipline children. The record documented that Staff #1 utilized "plucking" as a physical punishment.

2. On 12/2/2020 licensing interviewed a staff member who reported having observed Staff #1 "plucking" children in the two-year old classroom as physical punishment for not listening to directions on mulitple occasions. On 11/18/2020 at approximately 5:30 PM the staff member observed Staff #1 plucking Child #2 (two-years old) after telling the child to sit down about three times. Staff #1 plucked the child in face, on the ears, and on the arms. Child #2 fell to the floor, crying, and was trying to move away from Staff #1. Staff #1 telling Child #2 "you better sit down."

Plan of Correction: Not available online. Contact Inspector for more information.

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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