VIRGINIA DEPARTMENT OF SOCIAL SERVICES

The Merit School of Arlington (#69)
2201 North Pershing Drive
Suite K
Arlington, VA 22201
(571) 257-7660

Current Inspector: Ariel Hayes (804) 629-7124

Inspection Date: Feb. 5, 2021 , Feb. 8, 2021 , Feb. 9, 2021 , Feb. 11, 2021 and Feb. 12, 2021

Complaint Related: Yes

Areas Reviewed:

22VAC40-185 ADMINISTRATION. 22VAC40-185 STAFF QUALIFICATIONS AND TRAINING. 22VAC40-185 PROGRAMS. 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 investigation was initiated jointly with the local DSS office on 2/5/2021. Staff interviews were conducted as well as record and training documentation reviewed. The preponderance of evidence does support the allegation and the complaint has been detrminded valid. Violations are documented on the violation notice issued to the facility. Feel free to contact me if you have any questions. Thank you Ann Dramstad Ann.dramstad@dss.virginia.gov 703-314-0860

Violations:

Standard #:	22VAC40-185-40-E
Complaint related:	Yes
Description:	Based on written documentation Staff #1 failed to follow the Center's own policy for behavior guidance. Evidence: 1. Staff #1 did not follow The Merit School policy of "implementing positive guidance strategies. Staff are responsible for communicating positively and effectively with parents, children, co-workers and visitors". (page 8 of the Employee Handbook updated June 2020) 2. Staff #1 was overheard saying "you should be listening to your teachers and be quiet", "why are you not listening" to Child A. Staff #1 was not "giving positively worded directions" as outlined in the behavior guidance section of the employee handbook-page 8. 3. The Employee Handbook (page 8) also states that "no physical punishment or disciplinary action will be administered to the body such as, but not limited to: roughly handling a child or forcing a child to assume an uncomfortable position" 4. Child A was handled roughly when Staff #1 "grabbed the child underneath the armpits, turned him upside down and shook him"
Plan of Correction:	Staff #1 stated that she had picked the child up and dangled him over her shoulder and danced around in a playful way to distract him from his disruptive behavior. Staff #1 stated that she was not discipling the child, but rather was ?playing? with him in hopes of changing his disposition. We have interviewed the child?s parents and they feel the child was not at all distressed by staff #1?s interaction with him. While the intent may have been playful, no child should be held upside down. Staff have received training on appropriate teacher/child interaction and positive guidance, but as best practice staff will be retrained in both areas.
Standard #:	22VAC40-185-70-A
Complaint related:	No
Description:	Based on record review, 1 of 3 staff files was incomplete. Evidence: Staff 2's file did not include written information to verify that the individual possesses the education requirements for the job position of a lead teacher.
Plan of Correction:	Staff #2 did have written information to verify that they meet the education requirements for lead teacher via the resume and application. A copy of the diploma has been acquired and is on file at the center.
Standard #:	22VAC40-185-240-A
Complaint related:	Yes
Description:	Based of staff statement, it was determined that a staff member was not able to demonstrate the knowledge for recognizing child abuse and neglect and the legal requirements for reporting suspected abuse. Evidence: Staff #3 was unable to demonstrate what the mandated reporter requirements are as they did not report the incident on 2/4/2021 and stated " I didn't want to talk about it" with the other staff member. When asked by the Licensing Inspector if the staff member understood what a mandated reporter was, the staff member replied "I didn't know that's what it meant" The CPS training certificate on file for Staff #3 was dated 8/13/2020. Based on staff statement and record review, 1 of 3 staff records did not have complete orientation documentation. Evidence: Staff #2's employee file did not have the VA CPS training certificate to demonstrate that the class was taken during the orientation-date of hire 11/16/2020
Plan of Correction:	Staff #3 had been trained on mandated reporting, but stated while staff #1?s interaction with the child was inappropriate, staff #3 did not feel it was abusive, therefore, it did not meet the CPS reporting requirement. Staff #2 has completed the training. A review of mandated reporting will be conducted with all staff to ensure full understanding.
Standard #:	22VAC40-185-410-1
Complaint related:	Yes
Description:	Based on multiple staff written and verbal statements, a staff member used a forbidden action of roughly handling a child in care and forcing a child to assume an uncomfortable position. Evidence: 1. Staff #2 reported that the incident occurred on 2/4/2021 in the afternoon when a class was returning from the playground. The class was "rowdy" and noisy when re-entering the building. "The class was sitting in a line aganist the wall". Child A had turned with back to Staff #1. Staff #1 "walked over, grabbed the child by ankles, flipped upside down and started to shake" When the child was put down Staff #2 reported that the child "was crying". 2. Staff #3 stated the child "was yelling at the teacher and pushing other students". Staff #3 stated that "they tried to get the child to calm down by talking to the child". Before Staff #3 could do anything else, Staff #1 "grabbed the child underneath the armpits and turned the child upside down and shook the child" Staff #3 stated the child was held upside down by the calves. Staff #1 then turned the child upright and placed the child on their feet.
Plan of Correction:	Staff #1 stated that she had picked the child up and dangled him over her shoulder and danced around in a playful way to distract him from his disruptive behavior. We have interviewed the child?s parents and they feel the child was not at all distressed by staff #1?s interaction with him. While the intent may have been playful, no child should be held upside down. Staff will be retrained on appropriate teacher/child interaction and positive guidance.
Standard #:	63.2(17)-1720.1-B-4
Complaint related:	No
Description:	Based on staff statement and record review, 1 staff record was missing documentation that the center obtained a copy of the results of a criminal history record information check and sex offender registry check from any state in which the applicant has resided in the preceding five years prior to hire. Evidence: Staff #2 was hired 11/16/2020. An out of state sex offender registry check was not obtained from another state in which the employee lived in within the past five years prior to employment. The sex offender check was not obtained until 2/9/2021 as stated by center administrative staff (Staff #4).
Plan of Correction:	Staff #2 had FBI fingerprinting, Central Registry Background Check and out of state Child Abuse and Neglect completed prior to hire. The Out of State Sex Offender registry check was missed and completed immediately upon discovery. All background checks have been completed and demonstrate the staff member does not have a criminal background