VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Apple Dumpling Learning Center, LLC
348 S. Commerce Avenue
Front royal, VA 22630
(540) 635-5552

Current Inspector: Amy Tomblin (804) 629-3923

Inspection Date: May 8, 2023

Complaint Related: Yes

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 8VAC20-770 Background Checks (8VAC20-770) 20 Access to minor?s records 22.1 Background Checks Code, Carbon Monoxide

Comments:

An unannounced complaint inspection was initiated on April 27, 2023, from 2:30 p.m. to 4:06 p.m. in response to a complaint regarding physical plant, special services, staffing and supervision that was received by the department on April 25, 2023. The Licensing inspector made another visit to the center, under the supervision of the Licensing Administrator, on May 8, 2023, from 3:15 p.m. to 5:20 p.m. Four staff members were interviewed nine classrooms were observed, and two staff records were reviewed. An exit interview was conducted on May 8, 2023, with the Program Director and Assistant Director during which the preliminary findings were discussed and an opportunity was given for the center to provide any information that may have been missed during the inspection and ask questions. Information gathered during the inspection supports at least one of the allegations and the complaint was determined to be valid. One complaint related violation and one non-complaint violation were documented on the violation notice issued to the program. If you have any questions or concerns, please contact the Licensing Inspector at (804) 629-3923.

Violations:

Standard #:	22.1-289.023-A
Complaint related:	No
Description:	Based on observation and interview, the center failed to post the Notice of the Superintendent?s intent to place on probation and require licensee to contact parents, guardians, or other responsible persons regarding health and safety violations in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. Evidence: 1. On 05/08/2023, The Notice of Intent, dated 11/28/2022, was not posted in a prominent place, but posted behind the findings of the most recent inspection. 2. Interview with staff #3 on 05/08/2023 confirmed that a copy of the NOI was not posted elsewhere.
Plan of Correction:	The NOI is posted in a binder at entrance and well marked.
Standard #:	8VAC20-780-270-A
Complaint related:	No
Description:	REPEAT and SYSTEMIC Based on observation, the center failed to ensure that areas and equipment of the center, inside and outside, were maintained in a clean, safe and operable condition. Evidence: The following was observed at the center on 05/08/2023: 1. Dirty and/or stained carpeted area and rugs throughout the center 2. Small debris, trash, and dirty rusted chairs located in or around the gated toddler play area - See CDC-1106278(05-08-2023)P6.jpg, CDC-1106278(05-08-2023)P7.jpg, CDC-1106278(05-08-2023)P8.jpg, and CDC-1106278(05-08-2023)P9.jpeg 3. Unsecured/loose gate around the toddler play area located outside by the front door of the center - See CDC-1106278(05-08-2023)P10.jpg, CDC-1106278(05-08-2023)P1.jpg, and CDC-1106278(05-08-2023)P12.jpg 4. Trash, splintered wooden cornhole board, broken playground equipment, and numerous cigarette butts on the grounds of the center- See CDC-1106278(05-08-2023)P13.jpg, CDC-1106278(05-08-2023)P14.jpg, CDC-1106278(05-08-2023)P15.jpg, CDC-1106278(05-08-2023)P16.jpg, CDC-1106278(05-08-2023)P17.jpg, and CDC-1106278(05-08-2023)P18.jpg 5. Rusted seatbelt on the Dodge Van 6. Trash in the floorboards of the Dodge Van and the Ford Van- See CDC-1106278(05-08-2023)P19.jpg 7. Light switch plate in the boy?s restroom not fully covering the hole in the wall 8. Hole with sharp edges in the door of the boy?s restroom
Plan of Correction:	All issues have been corrected. Now have maintenance help to keep center maintained in a clean, safe and operable condition.
Standard #:	8VAC20-780-280-B
Complaint related:	No
Description:	REPEAT AND SYSTEMIC VIOLATION Based on observation, the center failed to ensure that hazardous materials were kept in a locked place using a safe locking method that prevents access by children. Evidence: 1. A gallon jug of Carquest Antifreeze/Coolant and an uncapped gallon jug, labeled Prime antifreeze/coolant which contained some type of liquid, was observed sitting on the ground beside the building. See CDC-1106278(05-08-2023)P20.jpg
Plan of Correction:	The jugs had water not antifreeze but all containers will be labelled with actual contents and all hazardous materials are locked.
Standard #:	8VAC20-780-320-B
Complaint related:	No
Description:	REPEAT Based on observation and interview, the center failed to ensure that each restroom area was equipped with paper towels. Evidence: 1. There were no paper towels in the girl?s school age restroom on 05/08/2023. 2. Interview with Staff #3 on 05/08/2023 confirmed that there were no paper towels in the girl?s school age restroom.
Plan of Correction:	The paper towel dispenser was replaced and rolls of paper towels are in each restroom as back-up.
Standard #:	8VAC20-780-340-A
Complaint related:	No
Description:	Based on observation and interviews, the center failed to ensure that when staff are supervising children, they always ensure their care, protection, and guidance. 1. On 04/27/2023, Staff #1 was asked the number of children she transports on the Ford Van and how many of those children need car seats. Staff #1 stated that she is ?not sure? of the names and ages of all the children that she picks up from the school. 2. On 04/27/2023, shortly after the Ford Van arrived at the center from the school, only seven car seats, one of which was broken, were observed in the Ford Van and they were tucked under the benches of the van. 3. Upon request, the center provided a list of children who are transported from school to the center on the Ford Van. The center?s list included the names of nine children but did not include the ages of the children. The list provided by the school included 16 children that are transported from the school to the center on the center?s Ford Van, eight of which were under the age of eight years old. 4. Review of the center?s attendance records confirmed that the list provided by the school was accurate, and the center?s list was not only missing the names of eight children that are being transported, but it also included the name of one child who is not being transported. 5. On 05/08/2023, one sharp knife was observed in the dish drainer and two sharp knives were observed in an unlocked drawer in the kitchen of the school age room. The gate to the kitchen was open and unlocked.
Plan of Correction:	All Staff will know all children and ages. Lists will also be on van with names and ages. The kitchen will remained locked and knives will be locked in cabinets.
Standard #:	8VAC20-780-350-B-4
Complaint related:	No
Description:	Based on observation and interview, the center failed to ensure that required staff-to-child ratios are maintained. Evidence: 1. 16 children ages three and older were observed in the fenced playground in the care of only one staff member, Staff #4 on 05/08/2023. 2. Interview with Staff #4 on 05/08/2023 confirmed that there were 16 children in care and that they were the only assigned staff member present.
Plan of Correction:	Staff will take children with them to maintain ratio or call admin to cover. No tolerance policy in place.
Standard #:	8VAC20-780-530-A-1
Complaint related:	No
Description:	REPEAT VIOLATION Based on review of records and interview, the center failed to ensure that at least one staff in each classroom or area where children are present had current certification in cardiopulmonary resuscitation (CPR). Evidence: 1. Although Staff #1?s CPR certification expired on 12/22/2022, interview with Staff #1 on 04/27/2023 confirmed that they had been the only staff member present when driving the center van to transport children to and from the public schools. 2. Interview with Staff #3 on 04/27/2023, confirmed that Staff #1 did not have current CPR certification.
Plan of Correction:	There will be CPR certified staff with each group.
Standard #:	8VAC20-780-530-A-2
Complaint related:	No
Description:	Based on review of records and interview, the center failed to ensure that at least one staff in each classroom or area where children are present had current certification in First Aid. Evidence: 1. Although Staff #1?s First Aid certification expired on 12/22/2022, interview with Staff #1 on 04/27/2023 confirmed that they had been the only staff member present when driving the center van to transport children to and from the public schools. 2. Interview with Staff #3 on 04/27/2023, confirmed that Staff #1 did not have current First Aid certification.
Plan of Correction:	There will be a staff with First aid with children at all times.
Standard #:	8VAC20-780-540-A
Complaint related:	No
Description:	Based on observation and interviews, the center failed to ensure that a first aid kit was available wherever children are in care. Evidence 1. A first aid kit was not found to be on the Dodge Van nor on the Ford Van on 04/27/2023. 2. Interviews with Staff #1 and Staff #2 on 04/27/2023 confirmed that the Dodge van and the Ford van are used to transport children in care and that first aid kits were not available on either van.
Plan of Correction:	Both vans have first aid kits.
Standard #:	8VAC20-780-550-K
Complaint related:	No
Description:	Based on observation and interviews, the center failed to ensure that a document containing local emergency contact information, potential shelters, hospitals, evacuation routes, etc., that pertain to each site frequently visited or of routes frequently driven by center staff for center business such as field trips or pick up or drop off of children to or from schools was kept in vehicles that centers use to transport children to and from the center. Evidence: 1. On 04/27/2023, the required document was not found to be on the Ford Van, nor the Dodge Van, both which are used to transport children. 2. Interview with Staff #1 on 04/27/2023 confirmed that the required document was not kept on the Ford Van. 3. Interview with Staff #2 on 04/27/2023 confirmed that the required document was not kept on the Dodge Van.
Plan of Correction:	All required documents are on vans.
Standard #:	8VAC20-780-580-C
Complaint related:	Yes
Description:	COMPLAINT RELATED VIOLATION Based on interviews, the center failed to ensure that during transportation of children: 1. Virginia state statutes about safety belts and child restraints are followed as required by ?? 46.2-1095 through 46.2-1100 of the Code of Virginia and stated maximum number of passengers in a given vehicle is not exceeded. Evidence: 1. Emergency numbers, the center?s information and the names of children being transported were not located in either the 1995 Ford Super Wagon Van (Ford Van) or the 2001 Dodge Ram Wagon Sport Van (Dodge Van). 2. Interview with Staff #1 on 04/27/2023 confirmed that the Ford Van did not contain the required information. 3. Interview with Staff #2 on 04/27/2023 confirmed that the Dodge Van did not contain the required information. 4. Attendance records from the center showed that the center transported 12 children in the Dodge Van on 03/31/2023. Six of these children were under the age of 8 and required car seats; however, interview with Staff #2 on 04/27/2023 revealed that there were only five car seats available in the Dodge Van. 5. On 04/27/2028, the Licensing Inspector verified that there were only five car seats available on the Dodge Van. 6. Interview with Staff #1, conducted on 05/08/2023, revealed that only seven car seats were available on the Ford Van and that no additional car seats had been available on the Ford Van. Attendance records showed that children under the age of eight years (who must be properly secured in a child restraint device) were transported in the Ford Van as follows: 10 children on 03/29/2023; nine children on 03/30/2023; and 11 children on 03/31/2023. 7. On 05/08/2023, the Licensing Inspector and the Licensing Administrator confirmed that there were only seven car seats on the Ford van. Furthermore, of the seven car seats observed, the manufacturer?s instructions on one car seat indicated ?DO NOT USE THIS CHILD RESTRAINT AFTER DECEMBER 2016?; the manufacturer?s instructions on another car seat indicated ?DO NOT USE THIS CARRIER AFTER 2020?; and the manufacturer?s instructions for a third car seat, which had broken apart under the upholstery, indicated ?If any part of this seat becomes worn, frayed, infected or damaged, replace the seat.? See CDC-1106278(05-08-2023)P2.jpg, CDC-1106278(05-08-2023)P3.jpg, CDC-1106278(05-08-2023)P4.jpg, and CDC-1106278(05-08-2023)P5.jpg 8. During interviews conducted on 04/27/2023, two individuals revealed they had witnessed the following on the center?s Ford Van: a. children under eight years of age not using car seats on multiple occasions. b. children sharing seatbelts (two children buckled in one seat belt) on multiple occasions. c. the maximum number of passengers exceeded on several days before spring break, which was 04/03 - 04/10/2023. 9. Interview with a local police officer on 04/27/2023 revealed that he had witnessed children on the center?s Ford Van using ?no car seats and one seatbelt over two kids and I corrected the kids?. 10. Attendance records from the center showed that the center children on the Ford Van as follows: 16 children on 03/29/2023; 15 children on 03/30/2023; and 14 on 03/31/2023. 11. On 05/08/2023, the Licensing Inspector and Licensing Administrator observed that the Ford Van has a capacity of 15 passengers (including the driver) and the seatbelt located behind the driver seat was inoperable. See CDC-1106278(05-08-2023) P1.jpg..
Plan of Correction:	All information is on each van. All children under 8 will be in boosters. All booster seat have been replaced. All seat belts work properly. Staff was retrained on proper child restraints and all transportation standards. Multiple trips will occur if we have more than 15 passengers.
Standard #:	8VAC20-820-120-E-6
Complaint related:	No
Description:	Based on observation, the licensee failed to ensure that a copy of any special order issued by the department shall be posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. Evidence: 1. The Special Order issued by the department on 04/03/2023 was not observed to be posted at the facility on 05/08/2023. 2. Interview with Staff #3 on 05/08/2023 confirmed that the Special Order was not posted.
Plan of Correction:	Special order is posted in binder at entrance.