VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Western Branch KinderCare
5700 Trucker Street
Portsmouth, VA 23703
(757) 484-1965

Current Inspector: Heather Harrell (757) 334-4329

Inspection Date: June 9, 2020 and Jan. 13, 2021

Complaint Related: No

Areas Reviewed:

22VAC40-185 ADMINISTRATION. 22VAC40-185 PROGRAMS.

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 was initiated on 6/9/20 and concluded on 1/20/21. A self-reported incident was received by the department regarding allegations in the area of forbidden action. The director was contacted by telephone to conduct the investigation. Interviews with staff were conducted and documentation and records related the incident were reviewed. The evidence gathered during the investigation supported the self-report of non-compliance with standards or law and violations were issued in the areas of administration and programs.

Violations:

Standard #:	22VAC40-185-40-E
Description:	Based on interviews and a review of the center's policies, the center failed to ensure that the operational responsibilities of the licensee shall ensure that the center's services are maintained in compliance with the center's own policies and procedures that are required by these standards. Evidence: The center failed to follow their written policy for toilet training as demonstrated by the following incident: 1. The center's policy for toilet training states "When a child has a toileting accident, help the child immediately with clean up. Staff members should change the child and clean up the area where the accident occurred as quickly as possible. Staff members must never punish or humiliate a child for an accident". a. On 6/5/20, child 1, (age 2 at time of the incident), had a toileting accident in the classroom and was sent by his teacher, staff 1, to staff 2 in another classroom for discipline. 2. Staff 1 admitted that she did not follow the center's policy for toilet training by sending child 1 to another teacher "to talk to him" instead of immediately changing the child as directed in the staff handbook. 3. Staff 2 admitted that she did not follow the center's policy for toilet training by disciplining child 1 after he had a toileting accident. 4. Staff 3 (center director) confirmed that staff 1 and staff 2 did not follow the center's policy for toilet training.
Plan of Correction:	The center responded with the following: Each staff member will review and will be retrained on diapering and toileting procedures. A signed statement of understanding will be placed in employees personnel file for review. Center management shall perform random unannounced checks to ensure that bathroom procedures are being completed properly. Positive child guidance retraining will be completed during Professional Development Day to ensure all staff are aware of discipline policies and how to support children. Teachers will create schedules based on the child's toileting needs to ensure they are taken frequently and in support of being potty trained. Teaching staff will be retrained by district QTL on mandated reporting and the importance of reporting immediately. District leader will conduct a random verification visit to ensure that observations and training pieces are completed. Center management will be conducting unannounced monthly classroom observations and providing feedback to teachers. Observations will be scheduled during transitions and bathroom routines. Based on COVID-19 restrictions this could possibly be virtually to continue to keep stable pod structures. Per KinderCare discipline policy, after being placed on suspension until further investigation was completed, staff 2 was terminated by staff 3 (center director) due to findings.
Standard #:	22VAC40-185-410-7
Description:	Based on interviews and a review of documentation, it was determined that the center failed to ensure that punishment for toileting accidents is forbidden. Evidence: 1. The center self-reported that on 6/5/20 staff 2 was witnessed disciplining child 1 (age 2 at the time of the incident) for having a toileting accident. a. Staff 1 stated that she was directed by child 1's mother to send him to staff 2 "to talk to him" if he had a toileting accident in the classroom. b. Staff 4 stated she observed staff 2 pull down child 1's pants and spank him on his buttocks for having a toileting accident. Staff 4 stated that staff 2 was "yelling" at child 1 and stated "You are too big to be peeing on yourself. Go to the bathroom next time". c. Staff 3 (center director) stated that staff 2 was questioned about the incident and admitted that she "plucked" child 1 and "popped" his hand per his mother's request. d. Staff 2 stated that she was told to "pop" child 1 by his mother if he had a toileting accident while at the center. Staff 2 stated she "hollered" at child 1 and "tapped" him on his hand "because that is what his mom told me to do".
Plan of Correction:	The center responded with the following: Each staff member will review and will be retrained on diapering and toileting procedures. A signed statement of understanding will be placed in employees personnel file for review. Center management shall perform random unannounced checks to ensure that bathroom procedures are being completed properly. Positive child guidance retraining will be completed during Professional Development Day to ensure all staff are aware of discipline policies and how to support children. Teachers will create schedules based on the child's toileting needs to ensure they are taken frequently and in support of being potty trained. Teaching staff will be retrained by district QTL on mandated reporting and the importance of reporting immediately. District leader will conduct a random verification visit to ensure that observations and training pieces are completed. Center management will be conducting unannounced monthly classroom observations and providing feedback to teachers. Observations will be scheduled during transitions and bathroom routines. Based on COVID-19 restrictions this could possibly be virtually to continue to keep stable pod structures. Per KinderCare discipline policy, after being placed on suspension until further investigation was completed, staff 2 was terminated by staff 3 (center director) due to findings.