Ms. Cynthia Holmes
26070 Old Office Road
Culpeper, VA 22701
Current Inspector: Michelle W. Argenbright (540) 848-4123
Inspection Date: Jan. 31, 2017
Complaint Related: Yes
- Areas Reviewed:
22VAC40-111 Physical Health of Caregivers and Household Members
22VAC40-111 Physical Environment and Equipment
22VAC40-111 Care of Children
22VAC40-111 Preventing the Spread of Disease
22VAC40-80 THE LICENSING PROCESS.
63.2 Licensure and Registration Procedures
22VAC40-191 Background Checks for Child Welfare Agencies
- Technical Assistance:
We discussed the importance of affording the licensing staff the right to inspect the family day home during any hours of operation, disclosing when children are in care in the home and during outings, and maintaining documentation of children's daily attendance. The risk assessments for violations were provided.
Thank you for your cooperation during today's unannounced inspection conducted at the same time as a monitoring inspection and for the purpose of investigating a complaint regarding the following licensing standards: Terms of the license, compliance with applicable laws, compliance with the home's policies, capacity, staffing, staff training, use of substitute/assistant provider, caregiver interactions, confidentiality, caregiver records, choking hazards, forbidden actions, physical punishment, diaper changes and caregiver background checks. It was determined that the complaint was not valid and there were no violations related to the complaint issues. However, the following standards were not initially reported, but were found in noncompliance: 30-C, 50-A and Code of Virginia 63.2-(17)-1706-A. As discussed, affording the licensing inspector the ability to inspect the family day home whenever children are in care, informing the licensing staff of actual plans for the care of children, and maintaining factual written information about children's attendance, are of the utmost importance for ensuring children's safety and well being. It is expected that you will maintain compliance with all applicable licensing standards and laws. Our office is available to assist you with any needs for clarification and technical assistance. Let me know if you need any assistance. 540/430-9259
Standard #: 22VAC40-111-30-C* Complaint related: No Description: Based on interviews with the provider, and documentation regarding the attendance of children, the provider did not demonstrate integrity and good character when false information was communicated during phone calls and in writing regarding the dates of operation and conveyed closures from January 23, 2017 through January 30, 2017. Evidence: On Tuesday, January 24, 2017, at 1:00 PM, the licensing inspector called the provider's cell phone from the front porch of the home when there was no answer after knocking on the door. The provider told the inspector she did not have children in care and was in town. At 7:51 AM on January 25, 2017, a voice mail from a call from the provider was provided. The inspector was told in the message that the provider did not have any children that day, had a doctor appointment on Thursday, January 26, 2017 and would not have any children, and was not "keeping" any children on Friday, January 27, 2017. The attendance record viewed on January 31, 2017 for the previous week stated "Close" on January 23 and 24, "No Kids" on January 25, "Dr. Apt" [Appointment] on January 26, and "Close" for Friday, January 27, 2017. The regional licensing office was provided written information from the VA Department of Social Services subsidy administration and their records indicated that three children were checked-in/out on Tuesday, January 24, 2017. When this information was shared with the provider on January 31, the provider told the inspector the names of four children (child 1, 2, 3, 4) who were taken to Fredericksburg for a lunch outing at the time of the attempted inspection on January 24. There were two children swiped in/out for subsidy records on Wednesday, January 25, and the provider disclosed child 2 and 3 were in care. There was one child swiped in/out for subsidy payment records each day on January 26 and January 27. During the January 31 inspection, the provider disclosed that two children (child 2 and 3) attended that Thursday and Friday. Also, the provider said child 2 and 3 attended on Monday, January 23 and child 3 attended on Monday, January 30 when the attendance record said "Close". Plan of Correction: The provider will always communicate the actual child care activities and operating hours provided on specific dates when in contact with the licensing inspector. When contacted by the licensing inspector during child care hours, the provider will explain what she is doing, such as taking the children on an outing for lunch. The provider will only call the licensing inspector and say she is closed or has an appointment when those events actually happen. Excuses for closings which do not occur will not be told to the licensing staff as a way to discourage the licensing staff from visiting the home. The provider will do better with her communication with licensing staff.
Standard #: 22VAC40-111-50-A Complaint related: No Description: Based on interviews with the provider and a review of pertinent records, the provider did not keep a written record of children in attendance each day. Evidence: The attendance record was viewed on January 31, 2017 for the previous week and no children were listed as being in care for four days last week. Also, no names were listed for Monday, January 30, 2017. The record stated "Close" on January 23 and January 24, "No Kids" on January 25, "Dr. Apt"[Appointment] on January 26, and "Close" for January 27 and January 30. However, after the licensing inspector shared information from subsidy records of attendance, the provider reported that she had four children in care on Tuesday, January 24, two children in care each day on January 25 through 27 and one child in care on Monday, January 30, but she did not record their attendance. Plan of Correction: The provider will always write the names of the children who attend each day on the daily attendance record. The provider will only document dates of closings when no children attend on specific dates. The records will be kept as required by licensing standards.
Standard #: 63.2-1706-A Complaint related: No Description: Based on interviews with the provider by phone and during an inspection, a received phone message, and a review of pertinent records, the provider did not afford the Commissioner's representative for the Division of Licensing the opportunity to inspect the family day home during the times children were in care January 24, 2017 through January 27, 2017. Evidence: On Tuesday, January 24, 2017, at 1:00 PM, the licensing inspector called the provider's cell phone from the front porch of the home when there was no answer after knocking on the door. The provider told the inspector she did not have children in care and was in town. At 7:51 AM on January 25, 2017, a voice mail from a call from the provider was provided. The inspector was told in the message that the provider did not have any children that day, had a doctor appointment on Thursday, January 26, 2017 and would not have any children, and was not "keeping" any children on Friday, January 27, 2017. The licensing staff received subsidy records for Tuesday January 24, 2017 through Friday, January 27,2017 and the records showed three children checked in/out for January 24, two children for January 25, and one child each day for January 26 and 27. During the January 31, 2017 interview, the provider disclosed that four children actually were in care on Tuesday, January 24 and she took them to Fredericksburg for lunch. Also, the provider disclosed there were two children present for care each day on January 25 through January 27 when she told the licensing inspector in a phone message she would not have children and provided the message because she was not feeling very well. Plan of Correction: The provider will do better with communication with the licensing inspector and be more open about the child care operation. The provider will make herself available all days children are in care in the home. The provider will give the licensing inspector information about the child care on the days an inspection is attempted, no one is home, and she is called on the cell phone. The provider will explain whenever she has taken children on an outing, which parents gave written permission for, as well as the time she plans to return home from the outing. The provider will accept that as a licensed child care provider unannounced inspections will occur during hours of operation. Excuses for closings which do not occur will not be told to the licensing staff as a way to discourage the licensing staff from visiting the home.
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. Eligible child care facilities must be fully licensed, licensed exempt and a VDSS subsidy vendor, or a voluntary registered day home and a VDSS subsidy vendor. Only programs enrolled in Virginia Quality will display a rating. Virginia Quality contact information for your region is available at the following link Regional Contacts.