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: April 21, 2021 , April 23, 2021 , April 26, 2021 and April 27, 2021

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.

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. Interviews were conducted with staff and families as well as a visual inspection of the classroom and field area/playground. The Merit School of Arlington #69 self reported an incident on 4/20/2021. Based on the preponderance of evidence gathered during the inspection, it was determined non-compliance(s) with applicable standards or law and violations occurred. Violations were 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
Description:	Based on written documentation and staff statement, Staff #1 did not ensure that the center's activities, services, and facilities are maintained in compliance with these standards or follow the center's own policies that are required by these standards. Evidence: 1. Staff #1 signed MinnieLand's Work Rules Of Conduct on 5/13/2020 which includes the following statement on weapons. The policy (#10) states that it's a "Violation of the Weapons Policy, having possession of weapons on school property, including but not limited to firearms and knives" 2. Staff #1 stated that they ordered "a defense keychain" on-line from Phoenixthebrand approximately one month ago which has hand sanitizer, pepper spray and a Kubaton stick (keychain weapon used to stab or attack vulnerable parts of a body) attached to the keychain.. 3. Staff #1 stated "I brought the keychain into the center every day as the keys were on it and I kept it attached to the outside of the backpack." 4. Staff #1 held up the keychain during the remote interview, using Microsoft Teams, on 4/23/2021 and confirmed that the keychain had the pepper spray and Kubaton stick as well as hand sanitizer attached to the keychain. 5. Staff #1 confirmed that it was the same keychain that was brought into the center on 4/20/2021.
Plan of Correction:	Staff #1 was trained at the time of on-boarding and signed off understanding she knew the policies and procedures. Staff #1 was immediately removed from her position and all staff were given a retraining on workplace safety, emergency procedures and playground supervision.
Standard #:	22VAC40-185-40-K
Description:	Based on the Playground Safety plan, emailed to the Licensing Inspector on 4/26/2021 and reviewed with the Regional Manager on 4/27/2021, the plan does not contain all required information. Evidence: The center is now using a "field" area adjacent to the side of the playground structure. The current playground plan does not include any supervision guidelines for the field area.
Plan of Correction:	Playground Safety Plan as been updated to include the grass area adjacent to the playground.
Standard #:	22VAC40-185-180-B
Description:	Based on written documentation and staff statement, Staff #1 was not capable of assigned responsibilities. Evidence: 1. Staff #1 has received orientation training on 8/13/2020, training on 8/14/2020 on the employee handbook checklist including supervision of children, playground safety and safety and accountability. On 11/11/2020 training was given on playground supervision. 2. The center's Playground Plan states "Staff is required to stand and position themselves so that the entire playground area is covered by combined sight." "Staff will be actively involved with the children during outside play" and "Staff should never be sitting down or congregating with other staff members" 3. Staff #1 stated "I was sitting on the wall" while supervising the Youth Zone group on the field.
Plan of Correction:	Staff are given trainings not only at the time of on-boarding but throughout the year in order to meet required training but to stay up to date on current practices. Staff #1 was removed from her position immediately.
Standard #:	22VAC40-185-280-B
Description:	Based on staff statement, hazardous substances such as cleaning materials, insecticides, and pesticides were not kept in a locked place using a safe locking method that prevents access by children. If a key is used, the key shall not be accessible to the children. Evidence: 1. Staff #1's written statement (4/20/2021) says "I took my backpack and keys" with me to the field with the Youth Zone group and placed "the keys beside my purse" on the wall 2. Staff #1 stated in the interview that "I hung my backpack with keys attached to the backpack on the hook in the classroom". Staff #1 stated that the coat "covered the keys" 3. A virtual inspection during the interviews on 4/23/2021 showed that the hook was on the outside of the door.
Plan of Correction:	Staff #1 was removed from her position immediately. Staff are trained during on-boarding that they are required to put all personal items and any hazardous substance in a secured locked area; away and out of reached of children. During the inspection there was nothing hanging on the white hook and all personal items and hazardous material was locked in a secure location; out of reach of children. Staff are aware and have been retrained on locking all hazardous substances and personal belonging in a locked and secure area out of reach of children.
Standard #:	22VAC40-185-340-A
Description:	Based on multiple interviews and written statements, staff did not ensure care, protection and guidance of children in care. Evidence: 1. Staff #1's "defense" keychain contained a canister of pepper spray that Child #1was able to access and spray on their own body (leg, arm and face). Staff #2 stated that other children were also impacted by the pepper spray and reported children saying "my eyes hurt", "I got a weird taste in my mouth", *"coughing" or "some spray stuff got in my eyes" 2. Staff #2 approached Staff #1 to figure out what happened to the children and was told "Child #1 got in my bag and sprayed my mace in the air". The keychain containing the canister of pepper spray was not in the backpack but "attached to the backpack" as stated by Staff #1 in the virtual interview on 4/23/2021. 3. Staff #3 attempted first aid for Child #1 but did not ask to see the keychain with the attached canister. The staff member was told by Staff #1 it was Mace (an irritant causing a dry cough, throat burning, chest pain or panic as reported by MedicalNewsToday.) 4. The canister contained pepper spray, not Mace, as initially reported (an inflammatory aerosol spray causing acute eye pain, severe discomfort, a dry cough, throat burning and rashes or burns on contact with the skin as reported by MedicalNewsToday) 5. Staff failed to contact Poison Control or 911 at the time of the incident to determine the best practice to alleviate the side effects of the pepper spray. 6. The remaining children that were present on the playground during the incident were not assessed to determine if they had been exposed to the pepper spray and were experiencing any symptoms.
Plan of Correction:	Staff #2 immediately solicited help to provide first aid to the children that had direct contact with the substance on the playground as reported to staff #2 from Staff #1. Staff #3 administer first aid to the children that were affected by the substance. The incident happen during pick up time for parents. Staff #3?s priority was to attend to the child to help with first aid. Parents of the children that were effected were immediately notified at pick up and followed up with after close of business and the days that followed. Staff #3 followed up with all teachers that had children on the playground to see if there were any other people that were effected and all families that had contact/been affected were notified immediately.
Standard #:	22VAC40-185-340-F
Description:	Based on multiple interviews, Staff #1 did not keep children in direct sight and sound supervision. Evidence: 1. Staff #1 was unable to explain how the children were able to get a hold of the keychain containing the pepper spray. 2. Staff #1 stated "I was looking down" 3. Immediate intervention was not provided once the children had dispensed the pepper spray. Based on statements it was estimated it took approximately 10 minutes between the first time Child #2 approached the teacher at the basketball hoop and the time Staff #2 approached Staff #1 to figure out what had happened. At that time, Staff #1 noticed the key chain was missing and heard Child #1 crying.
Plan of Correction:	Staff #1 was immediately removed from her position. ALL teachers have been retrained on playground safety as well as sight and sound supervision.
Standard #:	22VAC40-185-400-A
Description:	Based on multiple staff written and verbal statements, staff did not interact with one another to provide needed help, comfort or support. Evidence: Staff did not model or promote ways of getting along with one another as two staff began verbally fighting with each other during the time the children, who were exposed to the pepper spray, were inside the school hall and bathroom. 1. Staff #3 had to stop rinsing Child #1's eyes as there was a "commotion" with 2 staff (Staff #2 and Staff #4), "jump between them and ask them both to stop". The two staff continued to "yell and clap" at one another. Staff #3 had to "hold Staff #4 back" as they tried to move towards staff #2 and Staff #5 "Held Staff #2 back and tried to push them out the room". Staff #3 told them both "to stop as children were around and they were at work" The two staff continued fighting for another minute before both returned to the classrooms. 2. Staff #2 reported that Staff #4 was "yelling and cursing at me" 3. Staff #4 reported that Staff #2 was "yelling and clapping in my face"
Plan of Correction:	All staff have been retrained on Emergency Preparedness Plans and how staff need to re-act during a stressful situations.
Standard #:	22VAC40-185-550-L
Description:	Based on parent interviews, parents were not notified by the end of the day about a minor injury. Evidence: 1. Parents of Children #5-7 were not notified at pickup about the incident. Children were in the immediate vicinity and were taken into the center by Staff #2 to check them out and given first aid as needed by rinsing eyes and skin with water.
Plan of Correction:	All children that were reported to Staff #3 that had direct contact or indirect contact were contacted by phone or at pick up time.
Standard #:	22VAC40-185-550-M
Description:	Based on written documentation, The center failed to maintain a complete written record of children's serious and minor injuries in which entries are made the day of occurrence. Evidence: 1. Parent of Child #1, who was the most impacted by the pepper spray incident on 4/20/2021, did not receive any written report until 4/22/2021. First aid was administered by staff by rinsing eyes with water and milk. 2. Parents of Children #2-4 were not given a written injury report. The injury report shared with the Licensing Inspector on 4/22/2021 was not signed by a parent/second staff member. 3. Parents of Children #5-7 were not given any written injury reports and were not told at pickup about the incident. Children were in the immediate vicinity and were taken into the center by Staff #2 to check them out and given first aid as needed by rinsing eyes and skin with water.
Plan of Correction:	All parents that were reported to Staff #3 that had direct contact or indirect contact were contacted by phone or at pick up time on the day of the incident. Injury Reports were signed by the parent the following days as they returned to care. There was an email that went out to the school community to inform our families of the incident