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Divine Kare Learning Center
1929 South Sycamore Street
Petersburg, VA 23805
(804) 957-5639

Current Inspector: Sharon Curlee (804) 840-8312

Inspection Date: Feb. 27, 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

Technical Assistance:
Assure that training certificates are maintained in staff records.
Review the current model forms on VDOE website.

Comments:
A monitoring inspection was conducted on 02/27/2023 from approximately 9:47 a.m. to 3:30 p.m. There were 20 children present ranging from 8 months old to 4 years old and 3 staff supervising. The inspectors reviewed compliance in the areas of administration, qualifications and training, physical plant, staffing and supervision, programming, medication, special care and emergencies, and nutrition. Five child (5) records and six (6) staff records were reviewed.
The information gathered during the inspection determined a violation with applicable standards or law. A violation notice was issued. Please complete the ?plan of correction? and ?date to be corrected? for each violation cited on the violation notice and return it to me within 5 business days from today, 03/10/2023. Please specify how the deficient practice will be or has been corrected. Your plan of correction should contain: 1) steps to correct the noncompliance with the standard(s), 2) measures to prevent the noncompliance from occurring again; and 3) person(s) responsible for implementing each step and/or monitoring any preventive measure(s). If you have any questions related to this inspection, please contact Inspector Susan Ellington-Sconiers, at 804-588-2368 or susan.ellington-sconiers@doe.virginia.gov.

Violations:
Standard #: 8VAC20-770-40-D-6
Description: Based on record review, the provider failed to ensure that a staff record contained documentation of fingerprint results within required timeframes.
Evidence:
The record for S2, employed 02/07/2022 documented fingerprint results dated 09/09/2021 (more than 90 days prior to employment).

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

Standard #: 8VAC20-770-60-B
Description: Based on record review, the provider failed to ensure an employee not be employed until the center has the person?s completed sworn statement.
Evidence:
The record for S4, employed 08/11/2022 documented a sworn statement dated 11/14/2022.

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

Standard #: 8VAC20-780-160-A
Description: Based on staff record review, the provider failed to ensure that two of six staff records contained information required by 8VAC20-780-160.A.
Evidence:
The record for S4, employed 08/11/2022 did not document a tuberculosis (TB) screening within the required time frame. The screening completed 09/20/2021 was more than 30 days old.
The record for S5, employed 10/21/2022 did not document a TB screening being submitted at the time of employment and prior to coming into contact with children. The screening was completed 11/02/2022.

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

Standard #: 8VAC20-780-40-H
Description: Based on documentation review, provider failed to provide documentation of in force liability insurance for the center.
Evidence:
The documentation provided for review documented that the center liability insurance expired 09/09/2022.

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

Standard #: 8VAC20-780-60-A
Description: Based on child record review, the provider failed to ensure that four of five records contained required documentation.
Evidence:
Records for C1, enrolled 10/25/2021, C2, enrolled 01/11/2021, and C5, enrolled 09/30/2019 did not contain documentation of confirmation of up-to-date information in the child?s record as required by 8VAC20-780-420-E.3.b; semi-annual written information on the child?s development, behavior, adjustment, and needs required by 8VAC20-780-420-E.3 and semi-annual scheduled opportunities for parents to provide feedback on their children and the center?s programs.
Record for C3, enrolled 10/04/2022 did not document the addresses of two emergency contacts.

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

Standard #: 8VAC20-780-70
Description: Based on record review, the provider did not ensure six of six staff records contained all the required documentation.
Evidence:
A minimum of 16 hours of training appropriate to the age of the children in care is required annually. The record for S1, employed 01/29/2020 documented 5.5 hours of training. The record for S3, employed 11/06/2019 documented 10 hours of training. The record for S6, employed 03/19/2020 documented 3 hours of annual training.
The record for S2, employed 02/07/2022, did not document: orientation and training as required by 8VAC20-780-240 concerning sudden infant death syndrome, safe sleep, and prevention of shaken baby syndrome; and information about any health problems that may interfere with fulfilling the job responsibilities.
The record for S4, employed 08/11/2022 did not document a second employment reference and emergency contacts.
The record for S5, employed 10/21/2022 did not document: two employment references; information about any health problems that may interfere with fulfilling the job responsibilities; emergency contacts; and orientation within 7 days of hire (no date documented on orientation form).

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

Standard #: 8VAC20-780-260-A
Description: Based on observation, the center failed to provide the licensing representative an annual fire inspection report from the appropriate fire official having jurisdiction.
Evidence: The fire inspection available during the inspection was dated 09/21/2021. The annual inspection should have been completed by 09/21/2022 and has not been completed.

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

Standard #: 8VAC20-780-270-A
Description: Based on observation, the provider did not ensure that all areas and equipment of the center, inside and outside be maintained in a clean, safe, and operable condition.
Evidence:
Chipped and peeling paint on the walls and woodwork was observed throughout the entire center.
Infant Room: Large area of cracked wallboard and peeling paint behind two infant cribs; missing cover on exit sign above the exit door with exposed wiring; water pipe wall access under sink was not covered; diaper pad had unidentifiable debris and child hair on the cover; and the exterior exit door wooden sill is rotting.
Turtles Room: sagging ceiling tile; three overhead lights burned out; electrical plate not secured on the wall exposing wiring; cold air return layered with dirt and dust; metal carpet strip loose by the hot water tank closet creating a trip hazard.
Busy Bees Room: chair legs rusted on children?s chairs and several broken seat bottoms, food build up on the top of the covered trash can; uncovered electrical outlet; no foot operated trash can for disposing of diapers; and changing table pad torn.
Kitchen freezer: dead insects in freezer compartment
Playground: particleboard installed on the fence within reach of children splintering due to weather; seats in metal playhouse are broken and splintered; wooden fence around play area have exposed nails and splintering boards; and plastic Little Tike house had multiple breaks in the plastic creating sharp edges.

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

Standard #: 8VAC20-780-280-B
Description: Based on observation, the provider failed to ensure hazardous substances such as cleaning materials in a locked place preventing accessible by children.
Evidence:
Cleaning supplies were observed on a counter in the Busy Bee classroom and in the bathroom used by the Busy Bee children.

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

Standard #: 8VAC20-780-320-B
Description: Based on observation, the provider failed to assure that the running water in the boy?s and girl?s bathroom sink did not exceed 120 degrees Fahrenheit.
Evidence:
The water temperature in the bathroom sink used by the children check by a thermometer registered 127 degrees Fahrenheit in the boy?s bathroom and 124.2 degrees in the girl?s bathroom. The owner stated they recently had to replace the hot water heater and was not aware of the water temperature.

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

Standard #: 8VAC20-780-330-B
Description: Based on observation, the provider failed to ensure that resilient surfacing shall comply with minimum safety standards describe in the American Society for Testing and Materials.
Evidence:
Licensing inspector observed six sliding boards in the playground that had less than the required six inches of resilient surfacing. Samples taken measured 0 to ? inch resilient surfacing on top of concrete.

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

Standard #: 8VAC20-780-340-F
Description: Based on observation, the provider did not ensure children under 10 years of age were always within actual sight and sound supervision.
Evidence:
The inspectors observed children in the Busy Bee room (ages 16 months to age 3) seated on the floor in the hallway out sight of the teacher while the teacher was diapering and assisting children in the bathroom and entering the classroom to get diapering supplies.

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

Standard #: 8VAC20-780-350-B-1
Description: Based on observation, provider failed to maintain staff-to-child ratios as required by 8VAC2-780-350.B.1 and B.2.
Evidence:
Licensing inspectors observed during the initial observation of the infant and the Busy Bee classrooms to be out of child-to-staff ratio. The staff-to-child ratio in the infant classroom was 1 staff to 5 infants (8 months to 12 months). The required ratio for infants is 1 staff for every 4 infants. The staff-to-child ratio in the Busy Bee classroom was 1 staff to 8 children (16 months to 3 years old). The required ratio, based on the age of the youngest child in the group, is 1 staff to every 5 children. Staff in both rooms acknowledged being out of ratio.

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

Standard #: 8VAC20-780-510-L
Description: Based on observation, medication was not kept in a locked place using a safe locking method that prevents access by children.
Evidence:
Licensing inspector observed the medication box located in the provider?s office was not locked and contained 4 medications.

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

Standard #: 8VAC20-780-530-A
Description: Based on record review, the provider did not ensure that at least one staff in each classroom or area where children are present have a current certification in cardiopulmonary resuscitation (CPR) and first aid.
Evidence: The record for S6, employed 03/19/2020 did not document a current first aid and CPR certificate. The certification expired 05/21/2022 and S6 was observed alone in a classroom with children on 02/27/2023.

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

Standard #: 8VAC20-780-550-D
Description: Based on emergency evacuation drill records review, the provider failed to implement monthly practice evacuation drills.
Evidence:
Drills were not documented to have occurred in April, May, June, July, August, October, November 2022, and January 2023.

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

Standard #: 8VAC20-780-550-I
Description: Based on observation, the provider failed to assure that emergency phone numbers shall be posted in a visible place at each telephone.
Evidence:
No emergency phone numbers were posted in the infant room that has a telephone.

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

Standard #: 8VAC20-780-570-A
Description: Based on observation, the provider failed to assure children placed in an infant feeding table were placed in protective belts and fastened securely.
Evidence:
Four children were observed seated in the feeding table and the table did not have protective belts for use.

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.

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