VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Eagles Nest Learning Academy
3801 Turnpike Road
Portsmouth, VA 23701
(757) 399-9915

Current Inspector: Brandie Viscayda

Inspection Date: March 2, 2022

Complaint Related: No

Areas Reviewed:

8VAC20-780 ADMINISTRATION. 8VAC20-780 STAFF QUALIFICATIONS AND TRAINING. 8VAC20-780 Physical plant. 8VAC20-780 STAFFING AND SUPERVISION. 8VAC20-780 PROGRAMS. 8VAC20-780 Special care provisions and emergencies. 8VAC20-780 SPECIAL SERVICES. 22.1 Early Childhood Care and Education

Technical Assistance:

Storage of staff purses was discussed. Location and set-up of diaper changing stations was discussed.

Comments:

A monitoring inspection was conducted on 03/02/2022. There were 3 children present, ranging in ages from infant to preschool, with 3 staff supervising. The inspector reviewed compliance in the areas of administration, physical plant, staffing and supervision, programming, medication, special care and emergencies. A total of 2 children's records and 3 staff records were reviewed. Information gathered during the inspection determined non-compliance with applicable standards or law and violations were documented on the violation notice issued to the program.

Violations:

Standard #:	22.1-289.035-A
Description:	Based upon review of staff records, the facility has not ensured that employees undergo a background check prior to employment. Evidence: The record provided for staff 3 indicated a date of employment of 2/1/2022. Results of a fingerprint check were not obtained until 2/9/2022.
Plan of Correction:	The facility responded with the following: Contacted the state of _______ and obtain the need backgrounding.
Standard #:	22.1-289.035-B-4
Description:	Based upon review of staff records, the facility has not ensured that they obtain a copy of the results of a criminal history record information check and a sex offender registry check from any state in which the individual has resided in the preceding five years. Evidence: The sworn disclosure statement for staff 2 dated 10/14/2021 indicated that the applicant lived in Illinois within five years prior to employ. results of a criminal record check and a sex offender search were not obtained for staff 2 who was hired on 1/17/22 and was on duty with a child during the inspection.
Plan of Correction:	The facility responded with the following: Obtained from the state of Illinois
Standard #:	8VAC20-780-160-A-2
Description:	Based upon review of staff records and staff interview, the facility did not obtain documentation of a negative tuberculosis screening completed within the last 30 calendar days of the date of employment and be signed by a physician, physician's designee, or an official of the local health department. Evidence: 1. Staff 1 indicated a hire date in the record for staff 2 as 1/17/22. The results of a tuberculosis screening are dated 10/17/21. 2. Documentation of a hire date in the record for staff 3 was indicated as 1/28/22. The results of a tuberculosis screening were not obtained until 2/10/22. 3. Staff 1 verified the timing of the tuberculosis screenings for staff 2 and 3.
Plan of Correction:	The facility responded with the following: Updated Records
Standard #:	8VAC20-780-40-E
Description:	Based upon observation and interviews, the Licensee has not demonstrated operational responsibility for ensuring that the center's activities, services, and facilities are maintained in compliance with the standards and the center's own policies and procedures that are required by these standards. Evidence: Violations were found in five out of the eight areas of the standards for licensed child day centers to include administration, staff qualifications and training, physical plant, special care provisions and emergencies, and special services. Also cited were background check requirements. Violations cited require the authority ,resources or supervision of a licensee and impact the care, safety and wellbeing of the children enrolled. Violations cited in the areas of administration, staff qualifications and training, special services, background checks and Code of Virginia and require a level of responsibility, knowledge, skills, and/or abilities beyond those of the direct care staff or aides.
Plan of Correction:	The facility responded with the following: Records, training and staff all updated
Standard #:	8VAC20-780-60-A
Description:	Based upon review of children's records and staff interview, the facility has not ensured that a separate record is kept for each child that contains all required information. Evidence: 1. The record provided for child 1 did not include the street addresses for the two persons to be contacted if a parent cannot be reached. 2. The record provided for child 2 did not include complete street addresses (to include cities and states) for the two persons to be contacted in an emergency when a parent cannot be reached.
Plan of Correction:	The facility responded with the following: Completed all child record
Standard #:	8VAC20-780-70
Description:	Based upon review of two staff records and staff interview, the facility has not ensured that all staff records include the required documentation. Evidence: 1. The record provided for staff 2 did not have a clearly indicated date of hire and documentation of two or more references as to character and reputation as well as competency were checked before employment. 2. The record provided for staff 3 did not have a clearly indicated date of hire and documentation of two or more references as to character and reputation as well as competency were checked before employment. 3. Staff 1 verified that the required documentation was not in the records of staff 2 or 3.
Plan of Correction:	The facility responded with the following: Completed Staff records
Standard #:	8VAC20-780-210-A
Description:	Based upon review of staff records and staff interview, the facility has not ensured that program leaders meet the qualifications for the position. Evidence: 1. Staff 1 identified staff 2 as a program leader. Staff 2 was on duty alone with an infant during the inspection. There was no documentation in the record of staff 2 to verify program leader qualifications. 2. Staff 1 identified staff 3 as a program leader. There was no documentation in the record of staff 3 to verify program leader qualifications. 3. Staff 1 acknowledged that there was insufficient documentation in either record to verify qualifications.
Plan of Correction:	The facility responded with the following: Hiring new leaders
Standard #:	8VAC20-780-240-B
Description:	Based upon review of staff records, the facility has not ensured that staff complete orientation training prior to staff working alone with children and no later that seven days of assuming job responsibilities. Evidence: 1. The record provided for staff 2 indicated a hire date of 1/17/22. The orientation training for staff 2 was dated as having been conducted on 2/15/2022. Staff 2 was on duty alone with a child during the inspection. 2. The record provided for staff 3 indicated a hire date of 2/1/22. The orientation training for staff 3 was dated as having been conducted on 2/14/22.
Plan of Correction:	The facility responded with the following: Updated all records
Standard #:	8VAC20-780-280-G
Description:	Based upon observation and staff interview. the facility has not ensured that hazardous substances that are not kept in the original containers are clearly labeled to indicate their contents. Evidence: 1. There was a spray bottle of blue liquid in the infant room that was not labeled as to the contents of the spray bottle. 2. Staff 1 verified that the spray bottle was not labeled as to the contents in the bottle.
Plan of Correction:	The facility responded with the following: Spoke with Staff at meeting regarding this
Standard #:	8VAC20-780-330-B
Description:	Based upon observation, the facility has not ensured that where playground equipment is provided, resilient surfacing complies with minimum safety standards described by the American Society for Testing and Materials standard F1292-99 for loose fill materials depth and use zones for equipment is under equipment with moving parts or climbing apparatus. Evidence: 1. Mulch is used as the resilient surfacing under the climbing structure to include swings. In several places, the landscape fabric under the mulch was visible. The deepest area of mulch measured at any point under the equipment was three inches in depth. 2. Inadequate fall zones: a. The fencing to along both ends of the climbing structure was only 4 1/2 feet from the structure. b. The fencing at the foot of the 4 foot slide was only 3 feet from the exit chute of the slide.
Plan of Correction:	The facility responded with the following: Playground equipment will be removed and area expanded more mulch installed
Standard #:	8VAC20-780-500-B
Description:	Based upon observation and staff interview, the facility has not ensured that changing table are sanitized after each use. Evidence: 1. Diapers are changed at a changing table in the infant room. Sanitizing wipes were available for sanitizing the changing table. Sanitizing wipes do not meet the definition of sanitized (re: sprayed with a sanitizing agent and allowed to air dry). 2. Staff 1 verified the use of sanitizing wipes.
Plan of Correction:	The facility responded with the following: Corrected Locked cabinets
Standard #:	8VAC20-780-570-C
Description:	Based upon review of one infant record and staff interview, the facility has not ensured that infant records include all required feeing information. Evidence: 1. The record for child 2 did not include the child's brand of formula and the feeding schedule. 2. Staff 1 verified that the record for child 2 did not include the required feeding information.
Plan of Correction:	The facility responded with the following: Updated records
Standard #:	8VAC20-780-570-E
Description:	Based upon observation, the facility has not ensured that prepared infant formula is dated and labeled with the child's name. Evidence: There was a prepared bottle of infant formula in the infant room that was not labeled with the date and the child's name.
Plan of Correction:	The facility responded with the following: Updated labels