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Smiles & Giggles Learning Center Incorporated
132 Fox Hill Road
Hampton, VA 23669
(757) 851-3030

Current Inspector: Christine Mahan (757) 404-0568

Inspection Date: March 4, 2022

Complaint Related: Yes

Areas Reviewed:
8VAC20-780 Administration.
8VAC20-780 Staff Qualifications and Training.
8VAC20-780 Staffing and Supervision.

Comments:
This inspection was conducted by licensing staff using an alternate remote protocol, including telephone contacts, documents review and interviews.

A complaint inspection was initiated on March 4, 2022 and concluded on April 28, 2022. The director was contacted by telephone and a virtual inspection was conducted. The inspector reviewed compliance in the areas of administration, staff qualifications /training and staffing and supervision.

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 #: 8VAC20-780-340-A
Complaint related: Yes
Description: Based on a review of the center's documentation and interviews, the licensee did not ensure when staff are supervising children, they shall always ensure their care, protection, and guidance.

Evidence:
1) On February 25, 2022 between approximately 8:00 am and 8:30 am, Staff #1 left Child #1, age 4, unsupervised. Child #1 was able to leave the center and get on a public school bus that was parked in the center?s parking lot.

2) Witness #1 confirmed Child #1, age 4, walked out of the building and through the parking lot without supervision to get on the school bus.

3) Staff #1 did not follow their bus policy which states ?staff have students gather their belongings and escort them to the front door. Once the bus arrives staff walk the students to the bus and wait for all students to get on the bus before going back into the center".

Plan of Correction: 1. All staff were retrained and given another copy of the policy on March 4, 2022, and March 7, 2022, that states, all children are always to stay within a staff member site and sound when they are supervising their class. They were also retrained on the fact that they are solely responsible for the care, protection and guidance of the children that they have in their class during the day. All staff staff were reminded that if they did not adhere to the policy that they could face immediate termination. corrected by March 7, 2022
2. An addition was made to the policy and a copy was given to parents and all staff were all trained. The policy states No parent may ask to leave their student for pick up or drop off if they do not normally do so, administration must speak to the parent and add them to the list, it cannot be an arbitrary drop off, it must be a student that is in our before school according to their contract. -corrected by March 11, 2022
3. On March 11, 2022, the staff member was put on notice and informed that she would be written up with consequences to be determined at the conclusion of the licensing review. -corrected by March 11, 2022
4. The staff member involved will be put on a six-month probation based on the incident that occurred February 25, 2022. -corrected by May 6, 2022
5. The owner must receive to text daily detailing staff to student ratios and how many staff members are unencumbered. -corrected by March 7, 2022
6. The Director is to evaluate the policy daily. If a staff member violates the policy, she is to immediately write them up, and text the owner for further discussion of consequences. -corrected by March 11, 2022.
7. We have set a training date for May 27, 2022, for all staff where the center will close half day and staff will be retrained on the handbook and policies, to include watching models practicing what is meant by being in a students' sights and sound, as well as ensuring their care protection and guidance. -corrected by May 27, 2022

Standard #: 8VAC20-780-340-F
Complaint related: Yes
Description: Based on interviews with staff and other parties involved, the licensee failed to ensure children under 10 years of age are within actual sight and sound supervision of staff.

Evidence: On February 25, 2022 between approximately 8:00 am and 8:30 am, Child #1 age 4, walked out the front door of the center without staff supervision to get on their school bus. The center's supervision policy includes the following information;
"Teachers are assigned to a class by the administrator and must always stay in the class".
"Teachers are responsible for always having students in their sight and sound".

1) Witness observed the front door to the center was open when the bus pulled into the center's parking lot. Witness confirmed there were no staff visible. Witness asked Child #1 "where is your teacher?" and Child #1 said "I don't know.".
2) Staff #1's written statement was "I step in the kitchen no more than 10 seconds I come back in the media room" Child #1 "had got her coat and went out to the bus".
3) Interviews confirm Staff #1 walked out to the school bus once they had noticed Child #1 was outside.
4) Staff #1 was supervising Child #1 in the media room during this time.
5) The center is located on a four lane undivided road with a speed limit of 35.

Plan of Correction: 1. All staff were retrained and given another copy of the policy on March 4, 2022, and March 7, 2022, that states, all children are always to stay within a staff member site and sound when they are supervising their class. They were also retrained on the fact that they are solely responsible for the care, protection and guidance of the children that they have in their class during the day. All staff staff were reminded that if they did not adhere to the policy that they could face immediate termination. corrected by March 7, 2022
2. An addition was made to the policy and a copy was given to parents and all staff were all trained. The policy states No parent may ask to leave their student for pick up or drop off if they do not normally do so, administration must speak to the parent and add them to the list, it cannot be an arbitrary drop off, it must be a student that is in our before school according to their contract. -corrected by March 11, 2022
3. On March 11, 2022, the staff member was put on notice and informed that she would be written up with consequences to be determined at the conclusion of the licensing review. -corrected by March 11, 2022
4. The staff member involved will be put on a six-month probation based on the incident that occurred February 25, 2022. -corrected by May 6, 2022
5. The owner must receive to text daily detailing staff to student ratios and how many staff members are unencumbered. -corrected by March 7, 2022
6. The Director is to evaluate the policy daily. If a staff member violates the policy, she is to immediately write them up, and text the owner for further discussion of consequences. -corrected by March 11, 2022.
7. We have set a training date for May 27, 2022, for all staff where the center will close half day and staff will be retrained on the handbook and policies, to include watching models practicing what is meant by being in a students' sights and sound, as well as ensuring their care protection and guidance. -corrected by May 27, 2022

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. To find programs participating in Virginia Quality, click here.

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