VIRGINIA DEPARTMENT OF SOCIAL SERVICES

The Merit School Learning Center (#36)
25375 Supreme Drive
Aldie, VA 20105
(703) 957-3484

Current Inspector: Whitney Mcgrath (571) 835-4717

Inspection Date: Oct. 13, 2021

Complaint Related: No

Areas Reviewed:

8VAC20-780 ADMINISTRATION. 8VAC20-780 STAFF QUALIFICATIONS AND TRAINING. 8VAC20-780 STAFFING AND SUPERVISION. 8VAC20-780 PROGRAMS. 8VAC20-780 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. A monitoring inspection was initiated on 10/13/2021 and concluded on 11/19/2021. A self-reported incident was received by the department regarding allegations in the areas of behavioral guidance. The Director was contacted by telephone to conduct the investigation. The inspector emailed the Director a list of documentation required for the investigation and a portion of the investigation was completed in-person. The evidence gathered during the investigation supported the self-report of non-compliance with standards or law and violations were issued. All violations identified during the course of the investigation can be found on the violation notice.

Violations:

Standard #:	8VAC20-780-40-E
Description:	Based on a review of documentation and interviews, the licensee did not ensure that the center?s own policies and procedures were followed. Evidence: 1. The licensee's policies and procedures states that 'Teachers will implement positive guidance strategies" and that "Teachers will ensure there is a positive classroom environment." 2. Staff #1 stated that on 9/15/2021 the class was supposed to be napping but there were two children who "would run around and one of them would not listen." Staff #1 wanted the child to "sit in the chair but [they] would scream." Staff #1 stated that she needed to remove Child #1 (age 3 years). from the classroom and "take [them] to the boss." 3. The evening of 9/15/2021, the parents of Child #1 discovered four adult sized nail marks, one of which broke the skin, on Child #1's left forearm. Child #1 stated that "[Staff #1] squished [their] arm". 4. The morning of 9/16/2021 center management asked Staff #1 if she had grabbed Child #1's arm on 9/15/2021. Staff #1 stated that "[Child #1] had been misbehaving throughout the day" and admitted to management that they had "grabbed [Child #1] by the arm." Center management requested for Staff #1 to demonstrate on themselves how they had grabbed Child #1. Center Management reported to the inspector that Staff #1 took the Managers arm, "squeezed their nails" into the Managers arm. Center management explained to Staff #1 that their behavior was inappropriate and Staff #1 was fired.
Plan of Correction:	We immediately spoke to every teacher and reminded them the proper way to guide children and how to handle difficult behavior. We had all staff redo their Child Abuse and Neglect training. Staff #1 was terminated immediately and the proper agencies were reported too. Observations will continue and we will help guide and train in any area of weakness. We have informed all the teachers that they need to communicate with the management if there are circumstances they feel they need help addressing.
Standard #:	8VAC20-780-340-A
Description:	Based on interviews and photographic evidence, when staff were supervising children, they did not always ensure their care, protection and guidance. Evidence: 1. Staff #1 stated that on 9/15/2021 the class was supposed to be napping but there were two children who "would run around and one of them would not listen." Staff #1 wanted the child (age 3 years) to "sit in the chair but [they] would scream." Staff #1 stated that they needed to remove Child #1 from the classroom and "take [them] to my boss." 2. The evening of 9/15/2021, the parents of Child #1 discovered four adult sized nail marks, one of which broke the skin, on Child #1's left forearm. Child #1 stated that "[Staff #1] squished [their] arm". Two photographs of the nail marks were sent to Center Management (See photograph 1 and photograph 2). 3. The morning of 9/16/2021 Center Management asked Staff #1 if she had grabbed Child #1's arm on 9/15/2021. Staff #1 stated that "[Child #1] had been misbehaving throughout the day" and admitted to Management that they had "grabbed [Child #1] by the arm." Center Management requested for Staff #1 to demonstrate on themselves how they had grabbed Child #1. Center management reported to the inspector that Staff #1 took the managers arm, "squeezed their nails" into the managers arm. Center management explained to Staff #1 that their behavior was inappropriate and Staff #1 was fired.
Plan of Correction:	We immediately spoke to every teacher and reminded them the proper way to guide children and how to handle difficult behavior. Staff #1 was terminated immediately and the proper agencies were reported too. We had all staff redo their Child Abuse and Neglect training. Observations will continue and we will help guide and train in any area of weakness. We have re-orientated the teachers that they need to communicated with the management if there are circumstances they feel they need help addressing while in the classroom and we have had all teachers re-do Child Abuse and Neglect and had a retraining on Managing Difficult Behaviors.
Standard #:	8VAC20-780-400-B
Description:	Based on interview, behavioral guidance was not constructive in nature, age and stage appropriate, and was not intended to redirect children to appropriate behavior and resolve conflicts. Evidence: 1. Staff #1 stated that on 9/15/2021 the class was supposed to be napping but there were two children who "would run around and one of them would not listen." Staff #1 wanted the child to "sit in the chair but [they] would scream." Staff #1 stated that she needed to remove Child #1 (age 3 years) from the classroom and "take [them] to the boss." 2. The evening of 9/15/2021, the parents of Child #1 discovered four adult sized nail marks, one of which broke the skin, on Child #1's forearm. Child #1 stated that "[Staff #1] squished [their] arm". 3. The morning of 9/16/2021 Center Management asked Staff #1 if she had grabbed Child #1's arm on 9/15/2021. Staff #1 stated that "[Child #1] had been misbehaving throughout the day" and admitted to Management that they had "grabbed [Child #1] by the arm." Center Management requested for Staff #1 to demonstrate on themselves how they had grabbed Child #1. Center Management reported to the inspector that Staff #1 took the Managers arm, "squeezed their nails" into the Managers arm. Center Management explained to Staff #1 that their behavior was inappropriate and Staff #1 was fired.
Plan of Correction:	We immediately spoke to every teacher and reminded them of the proper way to guide children and how to handle difficult behavior. Staff #1 was terminated immediately and the proper agencies were reported too. We had all staff redo their Child Abuse and Neglect training. Retrained all staff on Managing Difficult Behaviors. Observations will continue and we will help guide and train in any areas of weakness. We have informed all the teachers that they need to communicate with management if there are circumstances they feel they need help addressing.
Standard #:	8VAC20-780-410-1
Description:	Based on interviews and photographic evidence, physical punishment, roughly handling and/or restricting movement was not forbidden. Evidence: 1. Staff #1 stated that on 9/15/2021 the class was supposed to be napping but there were two children who "would run around and one of them would not listen." Staff #1 wanted the child to "sit in the chair but [they] would scream." Staff #1 stated that she needed to remove Child #1 (age 3 years) from the classroom and "take [them] to the boss." 2. The evening of 9/15/2021, the parents of Child #1 discovered four adult sized nail marks, one of which broke the skin, on Child #1's forearm. Child #1 stated that "[Staff #1] squished [their] arm". Two photographs of the nail marks were sent to Center Management (See photograph 1 and photograph 2). 3. The morning of 9/16/2021 Center Management asked Staff #1 if she had grabbed Child #1's arm on 9/15/2021. Staff #1 stated that "[Child #1] had been misbehaving throughout the day" and admitted to Management that they had "grabbed [Child #1] by the arm." Center Management requested for Staff #1 to demonstrate on themselves how they had grabbed Child #1. Center Management reported to the inspector that Staff #1 took the Managers arm, "squeezed their nails" into the Managers arm. Center Management explained to Staff #1 that their behavior was inappropriate and Staff #1 was fired.
Plan of Correction:	Staff #1 completed orientation which states that physical punishment, roughly handling and/or restricting movements are forbidden. Those actions are forbidden and are not condoned. Staff were trained on procedures on 11/10/2020 and Staff #1 immediately was terminated. We immediately spoke to every teacher and reminded them of the proper way to guide children and how to handle difficult behavior. Staff #1 was terminated immediately and the proper agencies were reported too. We had all staff redo their Child Abuse and Neglect training. Retrained all staff on Managing Difficult Behaviors. Observations will continue and we will help guide and train in areas of weakness. We have informed all the teachers that they need to communicate with the management if there are circumstances they feel they need help addressing.
Standard #:	8VAC20-780-550-P
Description:	Based on interviews, the center did not maintain a written record of a child's serious or minor injuries in which entries are made the day of occurrence. Evidence: Parent #1 and Parent #2 stated that they did not receive a written report for the injury that occurred at the center on 9/15/2021.
Plan of Correction:	Center was made aware of the situation on 9/16/2021 and the manager called and discussed the situation with parents. Parents were aware of the schools steps into investigating the situation and parents were pleased that the situation was taken care of right away.