VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Smiling Faces Daycare
5040-C East Princess Anne Road
Norfolk, VA 23502
(757) 918-1446

Current Inspector: Heather Harrell (757) 334-4329

Inspection Date: Sept. 21, 2022

Complaint Related: Yes

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 8VAC20-780 Special Services. 8VAC20-770 Background Checks (8VAC20-770) 22.1 Background Checks Code, Carbon Monoxide

Comments:

An investigation was initiated on 8/16/22 and concluded on 9/22/22 in response to a complaint received by the department regarding supervision, ratios, infant bottle feeding procedures, diapering procedures and the amount of time children are restrained in high chairs and infant seats. An on-site inspection was conducted on 9/21/22 and interviews with staff were completed. Documentation and records related to the complaint were also reviewed. Based on information gathered during the investigation, the complaint is determined to be valid. Violations not related to the complaint were also found during the inspection. Violations are cited on the violation notice provided to the center and were discussed with the center director at the conclusion of the investigation.

Violations:

Standard #:	22.1-289.035-B-2
Complaint related:	No
Description:	Based on record review and interview, the center did not ensure that the results of a national fingerprint search is received for each staff member before employment. Evidence: 1. The record for staff 1 (date of hire: 9/12/22) does not contain the results of a national fingerprint search. Staff 1 was working on the day of the inspection. 2. The center owner confirmed that the record for staff 1 is lacking the results of a national fingerprint search.
Plan of Correction:	The center responded with the following: Center management will contact OBI to check on the fingerprint background check results for staff 1.
Standard #:	22.1-289.035-B-4
Complaint related:	No
Description:	Based on record review and interview, the center did not ensure that a copy of the results of a criminal history record information check is obtained from any state in which the individual has resided in the preceding five years. Evidence: 1. Staff 1 (date of hire: 9/12/22) indicated on her employment application that she has resided in the state of Mississippi within the past five years. The record for staff 1 does not contain the results of a criminal history record information check from the state of Mississippi. Staff 1 was working on the day of the inspection. 2. The center owner confirmed that a criminal history record check for staff 1 was not requested from the state of Mississippi.
Plan of Correction:	The center responded with the following: The Mississippi Background Check for staff 1 is now completed and filed.
Standard #:	8VAC20-770-60-B
Complaint related:	No
Description:	Based on record review and interview, the center did not ensure that an employee of a licensed registered child day program must not be employed until the agency has the person?s completed sworn statement or affirmation. Evidence: 1. The record for staff 1 (date of hire: 9/12/22) does not contain a completed sworn statement or affirmation. Staff 1 was working on the day of the inspection. 2. The center owner confirmed that the record for staff 1 is lacking a completed sworn statement or affirmation.
Plan of Correction:	The center responded with the following: Sworn statement for staff 1 has been completed and filed.
Standard #:	8VAC20-780-70
Complaint related:	No
Description:	Based on record review and interview, the center did not ensure that staff records contain all the required information. Evidence: 1. The record for staff 1 (date of hire: 9/12/22) does not contain the following: job title; name, address and telephone number of a person to be notified in an emergency; documentation that two or more references as to character and reputation as well as competency were checked before employment; documentation to demonstrate that the individual possesses the education and experience required by the job position; and, documentation of orientation training. 2. The center owner confirmed that the record for staff 1 is lacking the above required information.
Plan of Correction:	The center responded with the following: The file for staff 1 has been updated with the emergency contact Form, two references, and required training.
Standard #:	8VAC20-780-80-A
Complaint related:	No
Description:	Based on a review of the daily attendance log and interview, the center did not ensure that a written record of daily attendance that documents the arrival and departure of each child in care as it occurs shall be maintained. Evidence: 1. On 9/21/22, there were 9 children in care at the center and only 6 children were signed in on the daily attendance log. 2. Staff 3 confirmed that only 6 of the 9 children in care were signed in at the time of their arrival on the attendance log.
Plan of Correction:	The center responded with the following: Conducted training on how to properly monitor sign-in and sign-out log. All staff were trained on ?attendance? which means an enrolled child on the daily roster.
Standard #:	8VAC20-780-340-C
Complaint related:	Yes
Description:	Based on interview, the center did not ensure that during the stated hours of operation, there shall always be on the premises when one or more children are present one staff member and an immediately available staff member with direct means for communication between the two of them. Evidence: 1. On 9/21/22, staff 2 was the only staff member present from the time the center opened at 6:00am until staff 3 arrived at 7:30am. Four children, between the ages of 5 months and 22 months, arrived at the center between the hours of 6:00am and 7:30am. 2. Staff 2 and staff 3 confirmed that there is regularly only 1 staff member present with one or more children in care for approximately one hour to one and a half hours when the center opens in the morning.
Plan of Correction:	The center responded with the following: Two staff members are now both opening the daycare at 6:00 a.m. to accommodate the number of children on the premises.
Standard #:	8VAC20-780-340-D
Complaint related:	No
Description:	Based on record review and interview, the center did not ensure that in each grouping of children, at least one staff member who meets the qualifications of a program leader or program director shall be regularly present. Evidence: 1. On 9/21/22, staff 1 (date of hire: 9/12/22) was observed to be working alone in the toddler/two?s classroom with 4 children between the ages of 21 months and 2 years. Staff 1 is not program leader qualified. 2. Staff 1 stated that she had no previous experience in a child care setting prior to being hired at the center and had no college credits in a child-related field. 3. The center owner confirmed that staff 1 is not program leader qualified and is regularly scheduled to work alone in a classroom with children.
Plan of Correction:	The center responded with the following: References for staff 1 in regard to childcare have been collected and cross-referenced.
Standard #:	8VAC20-780-340-F
Complaint related:	No
Description:	Based on observation, the center did not ensure that children under 10 years of age shall always be within actual sight and sound supervision of staff. Evidence: 1. During the inspection on 9/21/22, the licensing inspectors observed staff 2 place three infants in an enclosed play yard on the floor of the toddler/two?s classroom in the front of the center and walk back to the infant classroom in the back of the center where two other infants were located. There was no other staff providing actual sight supervision to the three infants in the play yard. The licensing inspectors observed one of the infants crawling on top of another infant in the play yard during this time. 2. The layout of the center prevented staff 2 from being able to provide actual sight supervision to the three infants in the play yard at the front of the center and the two infants in the infant area at the back of the center at the same time. Staff 2 was observed walking back and forth from the infant area to where the play yard was located in order to check on the three infants in the play yard.
Plan of Correction:	The center responded with the following: We have extended the baby gate on the right side of the room. A review and training were given on the 10hour preservice. Intense training on transitioning children from one activity to the next was given in accordance with rules and regulations. All staff members have been working diligently with all children on daily basis to ensure proper and safe supervision.
Standard #:	8VAC20-780-350-B-1
Complaint related:	Yes
Description:	Based on observation and interview, the center did not ensure that the staff-to-children ratio of 1:4 for birth up to 16 months is maintained. Evidence: 1. During the inspection on 9/21/22, the licensing inspectors observed 1 staff person caring for 5 infants in the infant room. The number and ages of the children require 2 staff to be present. 2. Staff 2 confirmed that she was the only staff person in the infant room with 5 children.
Plan of Correction:	The center responded with the following: Two permanent teachers have been assigned to the baby room. Training was given on supervision and counting children, balancing child and staff ratios for daycare centers, and best infant practices.
Standard #:	8VAC20-780-370-1
Complaint related:	No
Description:	Based on interview, the center did not ensure that when an infant is placed in his crib, he shall be placed on his back. Evidence: 1. When asked by the licensing inspector about play spaces and ?tummy time? for infants, staff 2 stated that infants are sometimes placed in their crib for ?tummy time?. a. Staff 2 stated that the younger infants are not able to hold up their heads while on their stomach; therefore, they are placed in their crib on their stomach for ?tummy time? in order to keep them from hitting their face on the floor.
Plan of Correction:	The center responded with the following: Training was given on ensuring all children are placed on their backs, ensuring the head and face are not covered, as well as being instructed not to use pillows, soft toys, or blankets in the crib.
Standard #:	8VAC20-780-370-5
Complaint related:	Yes
Description:	Based on observation and interview, the center did not ensure that staff shall provide awake infants not playing on the floor or ground a change in play space at least every 30 minutes or more often as determined by the individual infant?s needs. Evidence: 1. During the inspection on 9/21/22, the licensing inspectors observed 5 infants seated in infant bouncer seats from the time of the inspectors? arrival at the center at 9:10am until approximately 10:00am. 2. The licensing inspectors observed two of the infants to repeatedly try to turn and twist around in the bouncer seats after being in them for approximately 30 minutes. a. When questioned what staff do when an infant is trying to twist out of the bouncer seat, staff 2 stated that they ?just pull the seat belt tighter?. 3. The 5 infants were not taken out of the bouncer seats by staff until prompted to do so by the licensing inspectors. 4. Staff 2 stated that the infants are ?usually? in their bouncer seat or their crib ?for most of the day?.
Plan of Correction:	The center responded with the following: Training was given on how to properly supervise all children and infants during teacher engagement time and the right side of the play area has been opened up to provide a safe play environment.
Standard #:	8VAC20-780-410-2
Complaint related:	Yes
Description:	Based on observation and interview, the center did not ensure enclosure in a small confined space or any space that the child cannot freely exit himself is forbidden. Evidence: 1. During the inspection on 9/21/22, the licensing inspectors observed two 2-year old children strapped in high chairs, with no toys or activity to engage in, from the time of the inspectors? arrival at 9:10 am until 9:25am. 2. Staff 1 stated she had put the two children in the high chairs at approximately 8:50am after they had already eaten breakfast at the children?s table. 3. The two children were not taken out of the high chairs until prompted to do so by the licensing inspector.
Plan of Correction:	The center responded with the following: All portable highchairs have been removed from the premises. Training was given to all staff on how to properly redirect children and utilize the new play areas.