VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Merritt Academy
9201, 9203, 9205 & 9211 Arlington Blvd
Fairfax, VA 22031
(703) 273-8000

Current Inspector: Karen Dickens (571) 423-6978

Inspection Date: Nov. 4, 2020

Complaint Related: No

Areas Reviewed:

22VAC40-185 ADMINISTRATION. 22VAC40-185 STAFF QUALIFICATIONS AND TRAINING. 22VAC40-185 PROGRAMS.

Comments:

This inspection was conducted by licensing staff using an alternative remote protocol, necessary to a state of emergency health pandemic declared by the Governor of Virginia. An investigation in response to a self-reported incident was initiated on November 4, 2020 and concluded on January 8, 2021. The report received by the department included allegations that a staff person roughly handled children. The director was contacted by telephone to conduct the investigation. The inspector emailed the director a list of documentation required to complete the investigation. The evidence gathered during the investigation supported the self-report of non compliance with standards or law, and violations were issued. Any violations not related to the self-report but identified during the course of the investigation can also be found on the violation notice.

Violations:

Standard #:	22VAC40-185-40-E
Description:	Based on interviews and documentation reviewed, the licensee did not ensure that staff followed the center's own policies and procedures on discipline, including acceptable and unacceptable discipline measures. Evidence: 1. The Center's orientation policy on positive guidance states that they "use positive behavior management techniques to guide children toward safe and appropriate choices." The policy also states, "When challenging behaviors do occur, beginning with a calm, positive approach is what is expected." The Center's manual includes a discipline policy that prohibits methods that are forbidden by the licensing standards. 2. On 01/23/2020, a Team Member Incident Report was written for Staff #2 not following the Center's own policies on discipline. 3. On 09/10/2020, a Team Member Incident Report was written for Staff #2 not following the Center's own policies on discipline and prohibited methods. Staff #2 was directed to "try to develop a positive relationship rather than a directive relationship with this child." 4. Staff #2 was observed on video footage failing to follow the Center's own discipline policy and prohibited methods policy by threatening to withhold children's water bottles and toys. 5. On 09/22/2020, a Team Member Incident Report was written for Staff #2 not following the Center's own policies on discipline and prohibited methods. Staff #2 was given a one day suspension without pay. 6. On 10/23/2020, Staff #2 did not follow the Center's own policies on discipline and prohibited methods which resulted in Staff #2's termination.
Plan of Correction:	We have reviewed our policies and believe they continue to uphold the highest standards of care and education for our students. We regret that a staff member did not follow our policies. We do our utmost to ensure staff are well-trained in our expectations and are provided additional training when necessary. We will continue to react quickly if a staff member needs further training and in this situation the corrective plan was determined to terminate the employee's time with us. We have adjusted our incident forms to be more consistent with the expectations of our policies and procedures and quickly act if ever a staff member does not meet those standards.
Standard #:	22VAC40-185-70-A
Description:	Based on interviews and record review, staff records did not contain written information to demonstrate the individual possesses orientation training by the end of the first day of assuming job responsibilities. Evidence: 1. The record for Staff # 4 (hired 1/15/2020) did not contain documentation of orientation training. 2. Staff #6 confirmed that there was not documentation that Staff #4 completed orientation training by the end of the first day of assuming job responsibilities.
Plan of Correction:	We have secured the documentation of all required trainings of this staff member and have reviewed all employee files to ensure the appropriate documentation is on file.
Standard #:	22VAC40-185-410-1
Description:	Based on staff interviews and review of documentation, staff used forbidden actions of roughly handling children in care. Evidence: 1. 01/23/2020 Incident a. According to a Team Member Incident Report dated 01/23/2020, in response to Child #2's refusal to wear their hats and gloves, Staff #2's "approach to require the child to wear clothing was uncomfortable and rougher than necessary." Staff #2 "also took the child and placed him over her shoulders and moved him out of the room." 2. 09/10/2020 Incident a. According to a Team Member Incident Report dated 09/10/2020, in response to Child #1 kicking a shelf and touching toys, Staff #2 "approached the child, got down to his level and took a hold of his wrists to speak to him. [Child #1] spit in [Staff#2's] face and [Staff #2] tensed her hands and her nail pressed into his forearm and left an imprint." b. An email dated 09/10/2020 at 7:34 pm was sent to Staff #5 from Child #1's parents. The email informed Staff #5 that the nail mark inflicted by Staff #2 was still noticeable and raised concerns about how to prevent this from reoccurring. 3. 09/22/2020 Incident a. According to a Team Member Incident Report dated 09/22/2020, "2 children in the classroom were running around and not listening to [Staff #4]. [Staff #2] picked up [Child #1] and placed him in his seat. While squatted down reached for [Child #3] by the wrist and picked him up by his wrist." b. In an email dated 10/02/2020, regarding the incident on 09/22/2020, Staff #2 admitted that "When physically redirecting a student, I should not grab their arm to pull. This can lead to injuries." 4. Staff #2 stated, "I was let go because I was too rough. I was over the line by physically moving a child. I would pull them in a manner that would make them uncomfortable. [Child #1] threw food and I was sitting on the floor and grabbed [Child #1] by one or both hands and pulled [Child #1] down and [Child #1] began to cry."
Plan of Correction:	Rough Handling is never allowed at our school. We have created a new policy to keep video footage of any incident that requires a disciplinary action of a staff member(if it is available) for 3 months after the incident to make sure the governing institutions can review the footage and see themselves if they would describe a situation as inappropriate or having any violations. We are also reminding all staff that when they must physically interact with a child who is not following directions, there are safe manners of doing so and can always ask for help. We have also created a new policy for anytime a staff member is involved in an accident that may result in an injury, that an incident form is not used, but that the accident report as provided to the parent will be included in the staff member's file to document any injury involving a staff member, while clarifying the intent of what occurred.