VIRGINIA DEPARTMENT OF SOCIAL SERVICES

KinderCare Education at Work, LLC - Earhart
408 Earhart Street
Charlottesville, VA 22903
(434) 465-2529

Current Inspector: Kelly Adriazola (804) 840-8245

Inspection Date: Feb. 8, 2023

Complaint Related: Yes

Areas Reviewed:

8VAC20-780 Administration. 8VAC20-780 Staff Qualifications and Training. 8VAC20-780 Staffing and Supervision. 8VAC20-780 Programs. 8VAC20-820 THE LICENSE. 8VAC20-820 THE LICENSING PROCESS. 8VAC20-770 Background Checks (8VAC20-770) 22.1 Background Checks Code, Carbon Monoxide

Comments:

An unannounced complaint investigation was initiated on February 8, 2023 and concluded on March 20, 2023. A complaint was received by the department regarding allegations in the areas of programs and the Code of Virginia's requirement that certain injuries to children be reported by physicians, nurses, teachers, etc; penalty for failure to report. The director was available during the investigation. The inspector reviewed compliance in the areas of administration, staff qualifications and training, staffing and supervision, and programming. Interviews were conducted and one child record and two staff records were reviewed. The evidence gathered during the investigation supported the allegation of non-compliance with standards or law and violations were issued. Any violations not related to the complaint but identified during the course of the investigation can be found on the violation notice. 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. 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 preventative measures. Please do not use staff names; list staff by positions only.

Violations:

Standard #:	63.2-1509-A
Complaint related:	Yes
Description:	Complaint Related: Based on document review and staff interviews on 02/08/2023, staff who had reason to suspect that a child is abused or neglected failed to report the matter immediately to the local department of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or to the Department?s toll-free child abuse and neglect hotline. Evidence: 1. Interview with staff #2 and review of this staff?s written statement, provided to staff #1 on the date of the incident, revealed that staff #2 witnessed staff #4 grab child #1 by both wrists and ?yank? child #1 into the air and then ?drop? child #1 onto a rest mat at naptime on 12/06/2022. 2. Interview with staff #3 and review of the this staff?s written statement, provided to staff #1 on the date of the incident, revealed that staff #3 witnessed child #1 being held approximately 5 feet in the air by the wrists by staff #4 at naptime on 12/06/2022. 3. Interviews with staff #1, #2, and #3 confirmed that as of 02/08/2023, the incident that occurred on 12/06/2022 was not reported to the local department of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or to the Department?s toll-free child abuse and neglect hotline.
Plan of Correction:	Make sure to report immediately going forward.
Standard #:	8VAC20-770-60-C-2
Complaint related:	No
Description:	Repeat Violation: Based on a review of staff records on February 08, 2023, the center failed to ensure that each staff record reviewed contained a central registry finding within 30 days of employment. Evidence: The record of staff #5, hired 03/08/2022, contained documentation of a central registry finding dated 04/18/2022.
Plan of Correction:	Make sure if we haven't received to email prior to 30 days. Place email in file.
Standard #:	8VAC20-780-160-A
Complaint related:	No
Description:	Repeat Violation: Based on a review of staff records on 02/08/2023, the center failed to ensure that each staff submit documentation of a negative tuberculosis screening at the time of employment and prior to coming in contact with the children. Evidence: The record of staff #5, hired 03/08/2022, contained documentation of a tuberculosis screening dated 03/12/2022.
Plan of Correction:	Ensure all new staff have TB 30 days prior to starting.
Standard #:	8VAC20-780-40-E
Complaint related:	No
Description:	Repeat Violation: Based on a review of records and staff interviews on 02/08/2023, the licensee failed to ensure that the center?s activities, services, and facilities are maintained in compliance with the center?s own policies and procedures that are required by these standards. Evidence: 1. A review of the center?s discipline policy titled ?Respect and Protect Children? states ?we use only positive guidance techniques? and staff are to ?intervene verbally, with a calm, gentle voice.? On 12/06/2022, staff #2 and #3 witnessed staff #4 yell at child #1. Staff #2 reported witnessing staff #4 yell to child #1 ?no, you need to listen and I said to get on your mat now.? Staff #3 reported that staff #4 ?yelled at the top of her lungs? at child #1. 2. A review of the center?s discipline policy titled ?Respect and Protect Children? states grabbing children is unacceptable. It also states ?these types of discipline, including yelling, are never used.? On 12/06/2022, staff #2 witnessed staff #4 grab child #1 by both wrists and ?yank? child #1 in the air. On 12/06/2022, staff #3 witnessed child #1 being held approximately 5 feet in the air by the wrists by staff #4. 3. A review of the center?s discipline policy titled ?Respect and Protect Children? states ?after an incident or accident, your manager will communicate with parents and report to licensing and accrediting agencies as needed.? In an interview with staff #1 on 02/08/2023, it was confirmed that the parents of child #1 were never contacted after the incident occurred on 12/06/2022. Per staff #1 the parent's were not made aware of the incident until 02/06/2023, when the center learned of the complaint. As of 02/08/2023, the center had not reported this incident to licensing, Office of Child Care Health and Safety.
Plan of Correction:	Continue to train staff on policies. Ensure we notify the proper parties.
Standard #:	8VAC20-780-70
Complaint related:	No
Description:	Based on a review of staff records on 02/08/2023, the center failed to ensure that each staff record contained all required documentation. Evidence: 1. The records of staff #4 and staff #5 did not contain documentation of the date of separation from employment.
Plan of Correction:	Make sure to update files when staff separate.
Standard #:	8VAC20-780-400-B
Complaint related:	No
Description:	Based on staff interviews, the center failed to ensure behavioral guidance shall be constructive in nature, age and stage appropriate, and shall be intended to redirect children to appropriate behavior and resolve conflicts. Evidence: 1. Staff #2 stated in an interview on 02/08/2023, that staff #4 elevated her voice to a level of yelling "no, you need to listen and I said to get on your mat now" at child #1. This incident was witnessed by staff #2 at naptime on 12/06/2022. 2. Staff #3 stated in an interview on 02/08/2023, that staff #4 was "yelling at the top of her lungs" at child #1. This incident was witnessed at naptime on 12/06/2022. 3. Interview with staff #1 revealed that staff #4 was receiving coaching by staff #1 from September 2022-December 2022 for tone of voice and the way staff #4 spoke to children.
Plan of Correction:	Continue to train staff on behavioral guidance and refresh periodically.
Standard #:	8VAC20-780-410-1
Complaint related:	Yes
Description:	Complaint Related: Based on document review and staff interviews, the center failed to ensure that roughly handling a child is forbidden. Evidence: 1. Staff #2 stated in an interview on 02/08/2023 that staff #2 witnessed staff #4 grab child #1 by both wrists and "yank" child #1 in the air and then "drop" child #1 onto a rest mat. This incident occurred on 12/06/0222. 2. Staff #3 stated in an interview on 02/08/2023, that staff #3 witnessed child #1 being held approximately 5 feet in the air by the wrists by staff #4. This incident occurred on 12/06/2022. 3. Review of documentation of written statements of witnesses indicate that staff #2 reported staff #4 "grabbing the child by her wrist" and staff #3 reported seeing staff #4 "holding child #1 by the wrists in the air."
Plan of Correction:	Review policies w/all staff. Have all staff complete the updated child abuse and neglect training.