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Acton Academy Hampton Roads
516B Albemarle Drive
Chesapeake, VA 23322
(757) 410-5704

Current Inspector: Rene Old (757) 404-1784

Inspection Date: Dec. 1, 2020

Complaint Related: Yes

Areas Reviewed:
22VAC40-185 ADMINISTRATION.
22VAC40-185 STAFF QUALIFICATIONS AND TRAINING.
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-80 THE LICENSE.
22VAC40-191 Background Checks (22VAC40-191)
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 complaint inspection was initiated on 12/01/2020 and completed on 01/04/2021 in response to a complaint that was received regarding inadequate supervision. Based on the information gathered, which included staff interviews, record review and a review of video, this complaint is found to be valid.

Violations were found in the areas of administration, staffing and supervision and background checks. These violations are listed on the violation notice issued to the facility and were reviewed with the program director at the exit interview.

Violations:
Standard #: 22VAC40-185-160-A
Complaint related: No
Description: Based on interview, the center failed to obtain documentation of a negative tuberculosis screening within 21 days after employment or volunteering.

Evidence:

1. Administrative staff 5 confirmed that a tuberculosis screening had not been obtained for staff 1 and staff 2.
a. Staff 1 has a hire date of 06/30/2020.
b. Staff 2 is a student volunteer who began as a volunteer the week of 09/14/2020.
2. Staff 1 stated that she and staff 2 were the caregivers for a group of children on the playground the morning of 11/30/2020.

Plan of Correction: The teen volunteers who are part of our high school program, and were spending time with students on the playground, did not have background checks, sworn statements or any other employee paperwork on file. We did not know that our own students who played outside with younger learners needed to have background checks on file. We have temporarily discontinued our teen volunteer program until we can be certain the private schooled children and children in the licensed program will not be mixing.
All employee staff files have been updated and TB test will be performed as soon as it is deemed safe to visit a dr's office to obtain a TB test.

Standard #: 22VAC40-185-340-A
Complaint related: No
Description: Based on interviews and review of video, the center failed to ensure when staff are supervising children, they shall always ensure their care, protection, and guidance.

Evidence:
1. Video footage shows child 1, age 6 years, walking alone down the porch area and opening a closed gate to enter the area of an adjacent business. A member of the public (unknown to the child) ,individual 3, sees child 1 and approaches the child and takes her hand.
2. Individual 3 stated she assumed responsibility for child 1 because she was alone and crying.
a. Individual 3 stated that child 1 was not able to tell her where she came from.
b. Individual 3 stated it took her approximately 5 minutes to determine where child 1 came from as no one appeared to be looking for the child.
3. The parent of child 1 and center staff stated that child 1 was a child diagnosed with special needs.
4. The porch where child 1 was found is adjacent to a parking lot utilized by multiple businesses. Additionally, this parking lot opens to a heavy traveled road.

Plan of Correction: On November 30th, 2020, a 6 year old child enrolled in our private school ran out of the gate and towards the front of the school. The supervising assistant saw her begin to run and sent a message to the lead guide, still inside the school, that the child was running back to the front. The lead guide inside responded "I've got her" 2 minutes later. We have put up a new fence which is unable to be opened by the students from the inside.

Standard #: 22VAC40-185-340-D
Complaint related: No
Description: Based on interviews and record review, the center failed to ensure that in each grouping of children at least one staff member who meets the qualifications of a program leader shall be regularly present. A program leader shall be at least 18 years of age.

Evidence:
1. There was not a qualified program leader present with a group of 11 children; ages four ? six years, during morning outdoor play on 11/30/2020.
a. The attendance sheet for 11/30/2020 indicates this group consisted of 11 children ages four ? six years.
b. Staff 1, age 16, stated she was responsible for this group of children during outdoor play on the morning of 11/30/2020.
c. Staff 1 stated that the second staff on the playground, staff 2, was also 16 years of age.
2. Neither staff 1 or staff 2 meet program leader qualifications as both are under the age of 18 years.
a. There was no other program leaders present on the playground to supervise staff 1 and staff 2.

Plan of Correction: We have gone over policies and procedures for the licensed program with our staff and we will make sure that the children do not walk outside with teen volunteers.

Standard #: 22VAC40-185-340-F
Complaint related: No
Description: Based on interviews and review of video, the center failed to ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff.

Evidence:
1. Video date and time stamped - 11/30/2020; 9:26 am ? 9:27 am shows child 1, age 6 years, walking alone along the front porch, between the center and another business, without staff supervision.
a. There are no staff on the porch, in the parking lot or in the grassy area that leads up to the walkway from the outdoor play area of the center.
2. The video continues to show child 1 walking alone down the walkway toward the adjacent business where she opens the gate that separates the two buildings and walks onto the side porch, still unaccompanied by any staff.
3. Staff 1 stated that child 1 ran from her as they were entering the playground area and that she did not attempt to run after child 1.
a. Staff 1 confirmed she could not see child 1 once child 1 left the grassy area beside the center.
4. A member of the public, individual 3, stated she observed child 1 enter the gated sidewalk area by herself.
5. Individual 4, who works at the adjacent business, verified that she observed child 1 walking outside of the facility porch area alone and without any adult caregiver.

Plan of Correction: On November 30th, 2020, a 6 year old child enrolled in our private school ran out of the gate and towards the front of the school. The supervising assistant saw her begin to run and sent a message to the lead guide, still inside the school, that the child was running back to the front. The lead guide inside responded "I've got her" 2 minutes later. We have put up a new fence which is unable to be opened by the students from the inside.

Standard #: 22VAC40-191-60-B
Complaint related: No
Description: Based on interviews and record review, the center failed to ensure that an employee or volunteer of a licensed child welfare agency must not be employed or provide volunteer service until the agency or home has the person's completed sworn statement or affirmation.

Evidence:
1. There was no completed sworn statement or affirmation found in the employment record for staff 1 and staff 2.
a. Staff 1 has a hire date of 06/30/2020.
b. Staff 2 is a student volunteer who began as a volunteer the week of 09/14/2020.
c. Administrative staff 5 confirmed that she did not obtain a completed sworn statement or affirmation for staff 1 and staff 2.
2. Staff 1 stated that she and staff 2 were the caregivers for a group of children on the playground the morning of 11/30/2020.

Plan of Correction: The teen volunteers who are part of our high school program, and were spending time with students on the playground, did not have background checks, sworn statements or any other employee paperwork on file. We did not know that our own students who played outside with younger learners needed to have background checks on file. We have temporarily discontinued our teen volunteer program until we can be certain the private schooled children and children in the licensed program will not be mixing.

Standard #: 22VAC40-191-60-C-2
Complaint related: No
Description: Based on interview, the center failed to ensure that staff have a have a central registry finding within 30 days of employment or volunteer service.

Evidence:
1. Administrative staff 5 confirmed that a central registry finding had not been obtained for staff 1 and staff 2.
a. Staff 1 has a hire date of 06/30/2020.
b. Staff 2 is a student volunteer who began as a volunteer the week of 09/14/ 2020.
2. Staff 1 stated that she and staff 2 were the caregivers for a group of children on the playground the morning of 11/30/2020.

Plan of Correction: The teen volunteers who are part of our high school program, and were spending time with students on the playground, did not have background checks, sworn statements or any other employee paperwork on file. We did not know that our own students who played outside with younger learners needed to have background checks on file. We have temporarily discontinued our teen volunteer program until we can be certain the private schooled children and children in the licensed program will not be mixing.

Standard #: 63.2(17)-1720.1-B-2
Complaint related: No
Description: Based on interview, the center failed to ensure that anyone hired for compensated employment or permit to serve as a volunteer who will be alone with, in control of, or supervising children shall undergo a background check prior to employment or beginning to serve as a volunteer and every five years thereafter.

Evidence:
1. Administrative staff 5 confirmed that a fingerprint background check had not been obtained for staff 1 and staff 2.
a. Staff 1 has a hire date of 06/30/2020.
b. Staff 2 is a student volunteer who began as a volunteer the week of 09/14/2020.
2. Staff 1 stated that she and staff 2 were caregivers for a group of children on the playground the morning of 11/30/2020.

Plan of Correction: The teen volunteers who are part of our high school program, and were spending time with students on the playground, did not have background checks, sworn statements or any other employee paperwork on file. We did not know that our own students who played outside with younger learners needed to have background checks on file. We have temporarily discontinued our teen volunteer program until we can be certain the private schooled children and children in the licensed program will not be mixing.

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.

Virginia Quality is a voluntary quality rating and improvement system for early care and education facilities serving children ages birth through pre-K. Eligible child care facilities must be fully licensed, licensed exempt and a VDSS subsidy vendor, or a voluntary registered day home and a VDSS subsidy vendor. Only programs enrolled in Virginia Quality will display a rating. Virginia Quality contact information for your region is available at the following link Regional Contacts.

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