VIRGINIA DEPARTMENT OF SOCIAL SERVICES

KinderCare Education, LLC - Pump Road
1001 Pump Road
Henrico, VA 23238
(804) 740-0020

Current Inspector: Jennifer Moore (540) 430-0384

Inspection Date: June 22, 2023

Complaint Related: Yes

Areas Reviewed:

X 8VAC20-780 Administration. X 8VAC20-780 Staff Qualifications and Training. X 8VAC20-780 Physical Plant. X 8VAC20-780 Staffing and Supervision. X 8VAC20-780 Programs. X 8VAC20-780 Special Care Provisions and Emergencies X 8VAC20-780 Special Services. X 8VAC20-820 THE LICENSE. X 8VAC20-820 THE LICENSING PROCESS. X 8VAC20-820 HEARINGS PROCEDURES. X 8VAC20-770 Background Checks X 22.1 Early Childhood Care and Education X 63.2 Child Abuse & Neglect

Comments:

The licensing inspector conducted an unannounced complaint investigation in response to a complaint that was received by the Office of Child Care Health and Safety on June 20, 2023, regarding allegations in the areas of supervision, forbidden action and behavior guidance. The investigation was initiated on June 22, 2023, and concluded on June 22, 2023. On June 22, 2023, the inspector was on site at the center from approximately 3:15pm to 6:00pm. Interviews with the center staff were completed, observations were made in the center, and documentation was reviewed. The preponderance of the evidence gathered during the investigation supports the allegation; therefore, the complaint is determined to be valid. Though not a part of the original complaint, there were violations found during the inspection regarding mandated reporting. See the violation notice for more details. 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 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. If you have any questions about this inspection, please contact the licensing inspector at (804) 929-3771.

Violations:

Standard #:	8VAC20-780-40-E
Complaint related:	Yes
Description:	Based on documentation review and interviews, the center did not maintain compliance with their own policies and procedures required by standards. Evidence: The center's policies and procedures regarding discipline were not followed when the following occurred: a. Staff #1 pulled children?s ears and pinched children. b. Staff #2 admitted that she [staff #2] ?slightly tapped? child #3 and child #4, mostly on the forearm. Staff #3 observed Staff #2 lift child #3 by the arm and ?pop? the child?s bottom; the child screamed and cried. The center?s policies and procedures for guidance, protection of and respect for children states that ?Employees must adhere to all applicable state and local laws governing child guidance or discipline. Employees are required to use positive guidance techniques and to refrain from any unacceptable measures while caring for children on behalf of the Company. Unacceptable measures include: Any kind of physical discipline or corporal punishment, including but not limited to hitting, pinching, pushing, biting or grabbing a child is unacceptable. Employees may not use physical actions to punish or humiliate children in any way or to demonstrate to a child what it ?feels like" to be the victim of aggression. Employees may not threaten or imply that physical punishment may occur as the result of a child's behavior.? These policies and procedures were not followed by staff #1 and staff #2.
Plan of Correction:	"The Director has retrained all of the staff on the behavior guidance policies that are put in place. Management will continue to immediately investigate all concerns that is brought to their attention. They will also take the necessary steps in all investigations. Management will continue to monitor classrooms on a every hour basis"
Standard #:	8VAC20-780-80-B
Complaint related:	No
Description:	Based on an interview, the center did not ensure any suspected incident of child abuse be reported in accordance with ?63.2-1509 of the Code of Virginia. Evidence: 1. On June 22, 2023, staff #3 reported the following: When staff #2 worked at the center previously, she observed staff #2 pinch and ?flick? children on the back of the head. 2. Staff #3 stated that she, ?did not want to label it as abuse but it is abusive.? 3. Staff #3 failed to report suspected child abuse accordance with ? 63.2-1509 of the Code of Virginia.
Plan of Correction:	"The Director has retrained all of the staff on the behavior guidance policies that are put in place. Management will continue to immediately investigate all concerns that is brought to their attention. They will also take the necessary steps in all investigations. Management will continue to monitor classrooms on a every hour basis"
Standard #:	8VAC20-780-340-A
Complaint related:	Yes
Description:	Based on interviews, the center failed to always ensure the care, protection, and guidance of children in care. Evidence: 1. Staff #2 observed staff #1 pinching children and pulling the children?s ears. Staff #2 reported that it gets overwhelming sometimes. Staff #2 chose not to say anything and stated, ?I mind my business and figured you will eventually get caught?. 2. Staff #3 observed staff #1 raising her voice at child #1 and pulling the child?s ear. Staff #3 reported that the child ran to where he was directed while crying. Staff #3 stated, ?It felt like it wasn?t the first time.? 3. Staff #3 observed Staff #2 lift child #3, who is mostly non-verbal, by the arm and ?pop? the child?s bottom; the child screamed and cried. Staff #3 also reported previously witnessing Staff #2 flick children in the back of the head. Staff #3 stated, ?Did not want to label it as abuse, but it is abusive.? 4. Child #2 told staff #5 that staff #2 pinched his neck because he would not go play. Child #2 also told staff #5 that staff #1 pulled him by his ear; staff #5 reported that the child?s ear was visibly red.
Plan of Correction:	"The Director has retrained all of the staff on the behavior guidance policies that are put in place. Management will continue to immediately investigate all concerns that is brought to their attention. They will also take the necessary steps in all investigations. Management will continue to monitor classrooms on a every hour basis"
Standard #:	8VAC20-780-410-1
Complaint related:	Yes
Description:	Based on interviews, the facility did not ensure the forbidden action of physical punishment, striking and roughly handling a child did not occur. Evidence: On June 22, 2023, the center representative, staff #2, staff #3 and a witness stated the following: 1. The center representative stated that on June 1, 2023, staff #3 reported that staff #1 was pulling children?s ears and staff #2 was observed ?swatting? child #3 on the bottom. Later on June 1, 2023, staff #1 confirmed that she was pulling children?s ears. 2. Staff #2 worked with staff #1 in the Preschool classroom. Staff #2 stated, ?[Staff #1] would pull some of the [children?s] ears.? Staff #2 also stated that staff #1 would sometimes get overwhelmed and staff #1 would proceed to pinch the children. Additionally, staff #2 confirmed that she [staff #2] ?slightly tapped? child #3 and child #4. Staff #2 also stated that most of the time she [staff #2] ?taps? child #3 and child #4 on the forearm. 3. Staff #3 observed staff #1 pull child #1?s ear. Child #1 was then observed crying. Additionally, staff #3 observed staff #2 ?pop? child #3 on the bottom while lifting the child by the arm, child #3 was then observed screaming and crying. In the past, staff #3 also observed staff #2 pinch and ?flick? children on the back of the head. 5. Staff #5 stated that child #2 reported, ?[Staff #1] yanked and pulled me by my ear mommy.? Child #2 also stated that staff #2 pinched him behind his neck because he would not go play. Staff #5 stated that child #2?s ear was visibly red. Child #2 has been crying and not wanting to go to the center. Additionally, staff #5 stated that they previously observed staff #1 hit child #1 on the head with a paper plate.
Plan of Correction:	"The Director has retrained all of the staff on the behavior guidance policies that are put in place. Management will continue to immediately investigate all concerns that is brought to their attention. They will also take the necessary steps in all investigations. Management will continue to monitor classrooms on a every hour basis"