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James Madison University
821 South Main Street
Harrisonburg, VA 22807
(540) 568-6089

Current Inspector: Michelle Argenbright (540) 848-4123

Inspection Date: Dec. 1, 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.
8VAC20-820 THE LICENSE.
8VAC20-820 THE LICENSING PROCESS.
8VAC20-820 HEARINGS PROCEDURES.
8VAC20-770 Background Checks (8VAC20-770)
20 Access to minor?s records
22.1 Background Checks Code, Carbon Monoxide
63.2 Child Abuse & Neglect

Technical Assistance:
The center shall maintain a written record of children's serious and minor injuries that contain the following information: date and time of injury; name of injured child; type and circumstance of the injury; staff present and treatment; date and time when parents were notified; any future actions to prevent recurrence of the injury; staff and parent signatures or two staff signatures; and documentation on how parent was notified.
Reference checks taken over the phone shall be documented and include the following: dates of contact; names of persons contacted; the firms contacted; results; and signature of person making the call.
The intrastate Child Care Background Check Contact List was provided to the center.

Comments:
A monitoring inspection was initiated on 12/1/22 and concluded on 12/1/22. There were 76 children present, ranging in ages from 3 to 5, with staff supervising. The inspector reviewed compliance in the areas of administration, physical plant, staffing and supervision, programming, medication, special care and emergencies and nutrition. A total of 4 child records and 4 staff records were reviewed.
Information gathered during the inspection determined noncompliance with applicable standards or law and violations were documented on the violation notice issued to the facility.

Violations:
Standard #: 22.1-289.035-B-4
Description: Based on record review an interview, the center failed to request an out of state central registry background check within 30 days of beginning employment for a staff member that has lived outside the state of Virginia within the last five years.

Evidence:

1. The record for staff 4 was reviewed. The sworn statement documented staff 4 lived in NY within the last five years. The record did not contain documentation of completing a request for a central registry check for NY.
2. The record for staff 4 documented the start date of employment as 10/5/22.
3. The administrator verified the center had not completed a request for an out of state central registry background check for staff 4.

Plan of Correction: A central registry background check will be requested for staff 4 for NY by 12/12/22. Copies of the request and results will be forwarded to the licensing inspector. In the future any new staff that has lived outside of VA within the last five years will have central registry background checks requested within 30 days of hire.

Standard #: 8VAC20-770-60-C-2
Description: Based on record review and interview, the center failed to obtain central registry background checks within 30 days from date of hire.

Evidence:

1. The record for staff 1 documents the start date as 8/15/22. The staff record does not contain the results of a central registry. The paperwork for the central registry was notarized on 7/28/22. There is no documentation in the file that the administration followed up with the status of the central registry search.
2. The administrator stated she has not followed up to see the status of the central registry for staff 1.
3. The record for staff 2 documents the start date as 10/11/22. The staff record does not contain the results of a central registry. The paperwork for the central registry was notarized on 9/30/22. There is no documentation in the file that the administration followed up with the status of the central registry search.
4. The administrator stated she has not followed up to see the status of the central registry for staff 2.

Plan of Correction: The administrator has followed up on both of the central registry background checks and received copies for the files. Staff 1's is dated 9/9/22 and staff 2's is dated 12/7/22.

Standard #: 8VAC20-780-40-K
Description: Based on interview, the center failed to develop a written procedure for preventing abusive head trauma.

Evidence:

The administrator stated they do not have a procedure for preventing abusive head trauma.

Plan of Correction: A written procedure for preventing abusive head trauma will be developed and forwarded to the licensing inspector.

Standard #: 8VAC20-780-60-A-8
Description: Based on record review and interview, the center failed to obtain a written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction.

Evidence:

1. The administrator stated child 6 has a dairy food allergy.
2. The child's record documents a food allergy for dairy. There was no allergy care plan in the child's record.
3. The administrator stated they did not obtain an allergy care plan for child 6.

Plan of Correction: The parent of child 6 will be advised to have the child's doctor provide an allergy care plan. The teachers of child 6 will be trained to follow the allergy care plan in the case of an emergency. In the future if a child's record states a child has food allergy the parents will be advised an allergy care plan is needed from the child's physician.

Standard #: 8VAC20-780-240-C
Description: Based on record review and interview, the center failed to provide staff with all the required topics during orientation prior to working alone with children.

Evidence:

1. The records for staff 1, staff 2, staff 3 and staff 4 were reviewed. There was no documentation of the four staff completing orientation in preventing abusive head trauma.
2. The administrator stated the staff were not oriented in preventing abusive head trauma.

Plan of Correction: All staff will be trained in the center's policy in preventing abusive head trauma.

Standard #: 8VAC20-780-550-I
Description: Based on interview, the center failed to post in a visible place at each telephone a 911 or local dial number of police, fire and emergency medical services and the number of the regional poison control center.

Evidence:

The administrator stated the numbers are not posted with the phones at the center.

Plan of Correction: The emergency numbers will be posted with each phone.

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.

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