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Gifted Minds Academy, Inc.
3500 King Street
Portsmouth, VA 23707
(757) 399-1920

Current Inspector: Heather Harrell (757) 334-4329

Inspection Date: Feb. 2, 2023

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

Comments:
A monitoring inspection was conducted on 02/02/2023. There were 14 children present with 3 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 3 child 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 and discussed with the program director during the exit interview.

Violations:
Standard #: 8VAC20-780-160-A
Description: Based up review of staff records and staff interview, the facility has not ensured that documentation of a negative tuberculosis screening is submitted at the time of employment and shall have been completed within the 30 days prior to the date of employment.
Evidence:
1. The records provided for staff 2, hired 1/5/2023 and staff 3, hired 1/15/23, did not include results of a tuberculosis screening. Both staff were on duty with children during the inspection.
2. The record for staff 4 did not include a date of employment, however the results of a tuberculosis screening were not obtained. Staff 4 was on duty with the children during the inspection.
3. Staff 1 acknowledged that results of tuberculosis screenings were not obtained.

Plan of Correction: Not available online. Contact Inspector for more information.

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 six out of the eight areas of the standards for licensed child day centers to include administration, staff qualifications and training, physical plant,
staffing and supervision, special care provisions and emergencies, and special services. Violations cited require the authority, resources, or supervision of a licensee and
impact the care, safety and wellbeing of the children enrolled.
Violations were cited in the areas of administration, staff qualifications and training, staffing and supervision, 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: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-60-A
Description: Based upon review of children?s records and staff interview, the facility has not ensured that children?s records include all required information.
Evidence:
1. The records provided for child 1 and child 2 did not include any information regarding the children?s fathers nor the first dates of attendance. Both records included only information regarding one person to be contacted in an emergency when a parent cannot be reached.
2. Staff 1 acknowledged the incomplete information in the records of child 1 and child 2.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-70
Description: Based upon review of records and staff interview, the facility has not ensured that staff records include all required documentation and that background checks as required by the regulation titled Background Checks for Licensed Child Day Programs have been obtained.
Evidence:
1. The record provided for staff 2 did not include the employee?s job title and documentation that two or more references as to the character, reputation and competency were checked.
2. The record provided for staff 3 did not include the address of the person to be contacted in an emergency nor documentation of any qualifications for the documented title of `teacher? (program leader).
3. The record provided for staff 4 did not include the date of employment.
4. Staff 1 acknowledged the missing documentation in the records of staff 2, 3 and 4.
5. For staff 2, 3, and 4, the facility used a Sworn Disclosure or Affirmation Statement that did not include documentation whether the employee had lived in a state other than Virginia within the past five years.
6. Staff 1 stated that she was not aware that there was a different Sworn Disclosure or Affirmation Statement that included whether an employee lived in another state required for new staff.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-80-A
Description: Based upon observation, review of records and staff interview, the facility has not ensured that for each group of children, they maintain a written record of daily attendance that documents the arrival and departure of each child in care as it occurs.
Evidence:
1. Upon arrival of the inspector, staff 2 in the infant room and staff 4 in the preschool room were asked if there were attendance records in their classroom. Neither staff was keeping an attendance record for their grouping.
2. The most recent date on the sign in/out sheets in the front office was 1/30/23.
3. Staff 1 pulled an undated attendance sheet out from under the sheet dated 1/20/23 and stated that it was the record for today, 2/2/23. Of the fourteen children in actual care, only four children were signed in.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-240-B
Description: Based upon review of staff records and staff interview, the facility has not ensured that staff have completed all components of the required orientation training prior to working with children and within seven days of the date of assuming responsibilities.
Evidence:
1. The record provided for staff 2 did not include documentation of the required orientation training.
2. The records provided for staff 3 and staff 4 had incomplete orientation training documentation that did not include recognizing child abuse and neglect, prevention of sudden death syndrome and safe sleep practices, prevention of shaken baby syndrome and abusive head trauma, prevention and response to emergencies due to food and other allergic reactions and prevention and control of disease. In addition, the documentation did not include the training delivery method and the entity or individual providing the training.
3. Staff 1 acknowledged that the orientation training being conducted currently did not include all required topics and documentation.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-270-A
Description: Based upon observation and staff interview, the facility has not ensured that all areas and equipment are maintained in a safe condition.
Evidence:
1. There were dangling electrical cords in the older 2 year old classroom.
a. The cord to the television hanging five feet up on the wall is not secured between the television and the electrical outlet. The cord hangs to within reach of the children.
b. There was an CD player with two separate speakers on a high shelf. The cord to this unit was dangling down to within reach of a child who could pull the unit off the shelf onto himself.
c. There was a CD player on a low table with the cord dangling to the floor where a child could become entangled or pull the unit onto himself.
2. There was a broken window blind behind the crib in the infant room.
3. Staff 1 acknowledged the dangling cords and broken window blind.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-280-B
Description: Based upon observation, the facility has not ensured that hazardous substances are kept in locked places using safe locking methods that prevent access by children.
Evidence:
1. The hallway closet between the children?s bathroom and the older two-year-old classroom was not locked and did not have a locking mechanism. There were numerous containers of cleaning fluids to include disinfectants, oven cleaner and antimicrobial sprays, all with caution or warning labels to include to keep out of reach of children stored on the floor and shelves of the closet.
2. There was a container of air freshener labeled ?caution? and ?keep out of reach of children? on an open high shelf in the infant room.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-290-A-3
Description: Based upon observation and staff interview, the facility has not ensured that electrical outlets have protective covers.
Evidence:
1. A double electrical outlet on the lower wall within the reach of the children in the older two-year-old classroom did not have protective covers. Children were in care in this classroom.
2. Staff 1 acknowledged that the outlets in the older two-year-old classroom were not covered.
3. A double electrical outlet on the lower wall within reach of the children in the infant room did not have protective covers. Children were in care in this classroom.
4. Staff 3 acknowledged that the outlet was not covered.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-340-D
Description: Based upon observation and review of staff records, the facility has not ensured that in each grouping of children, at least one staff member who meets the qualifications of a program leader shall be regularly present.
Evidence:
1. Staff 3 was on duty in the infant room. The record for staff 3 did not include any documentation that staff 3 meets the required qualifications of a program leader.
2. Upon arrival of the inspector, staff 2 was on duty in the preschool room. She was later joined by staff 4. Neither identified herself as a program leader. Neither of the records provided for staff 2 and 4 included documentation of program leader qualifications.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-350-C
Description: Based upon observation, the facility has not ensured that when children are in mixed age groups, the staff-to-children ratio is applicable to the youngest child in the group.
Evidence:
Upon arrival of the inspector at 10:00 AM, there were six children, ages 12 months to 4 years, in care with staff 3 alone in the infant room. The ratio remained out of compliance until the return of the Program Director at 10:20 AM when the inspector informed her of the non-compliance.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-500-B
Description: Based upon observation, the facility has not ensured that staff wash their hands after changing diapers and that soiled diapers are disposed in leakproof or plastic lined container that is foot operated or used in such a way that staff hands nor the soiled diaper touches the exterior of the can.
Evidence:
1. Staff 3 was observed changing a child?s diaper in the infant room. Staff 3 physically moved 2 other children from climbing on cube and wedge mats before returning to sanitize the changing table and wash her hands.
2. Upon changing a child?s soiled diaper, staff 3 was observed placing the soiled diaper on top of instead of inside of the diaper disposal system.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-780-560-F
Description: Based upon observation and staff interview, the facility has not ensured that a menu listing foods to be served for meals and snacks during the current one week period is dated and posted.
Evidence:
1. The menu posted in the front entry office was dated for the month of January.
2. Staff 1 acknowledged that a February menu had not yet been posted.

Plan of Correction: Not available online. Contact Inspector for more information.

Standard #: 8VAC20-820-120-E-1
Description: Based upon observation, the facility has not ensured the results of the most recent OCCHS licensing inspection are posted on the premises.
Evidence:
The most recent OCCHS licensing inspection posted was dated April 28 2022. The most recent inspection was concluded on 12/20/2022.

Plan of Correction: Not available online. Contact Inspector for more information.

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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