Effingham Street Family YMCA
1013 Effingham Street
Portsmouth, VA 23704
Current Inspector: Christopher Robinson (757) 404-2322
Inspection Date: July 7, 2017 , July 14, 2017 and Aug. 30, 2017
Complaint Related: No
- Areas Reviewed:
22VAC40-185 STAFFING AND SUPERVISION.
22VAC40-191 Background Checks (22VAC40-191)
An investigation was initiated with the local agency on June 26, 2017 in response to an incident that occurred at the facility on June 22, 2017 and was reported to the Division of Licensing on June 23, 2017. The investigation was continued at the facility on July 7, 2017, July 14, 2017 and August 30, 2017. The self-report alleged inappropriate cell phone interaction between an under age staff member and enrolled children. Although evidence substantiated that facility policies regarding cell phone use by both staff and children were not enforced, there was insufficient evidence available to determine inappropriate cell phone communication. Violations were cited regarding administration, staffing and supervision, programs and background check regulations and were reviewed with administrators at exit interviews on 7/7/2017 and 7/14/2017.
Standard #: 22VAC40-185-40-E Description: Based upon observation, interviews and review of the provided video, the Licensee has not demonstrated operational responsibility for ensuring that the center?s activities, services and facilities are maintained in compliance with the standards and the center?s own policies and procedures that are required by the standards. Evidence: 1. Violations were found in three of eight areas of the standards for licensed child day centers, to include administration, staffing and supervision and programs. An additional violation was cited under background check regulations. Violations cited require the authority, resources and supervision of a licensee and impact the care, safety and well-being of the children enrolled. Violations cited in the areas of administration, staffing and supervision, programs and background regulations require a level of responsibility, knowledge, skills, and/or abilities beyond those of direct care staff or aides to address. 2. A review of the provided video of 6/22/2017 revealed noncompliance with the center's own policy and procedure regarding supervision of the children that states that "while assigned to work with YMCA participants, YMCA staff are not permitted to use personal cellular telephones/Blackberries/PDA's and other forms of personal electronic communications devices". Staff on duty with the children were observed via the video provided, looking at their personal cell phones as follows: - staff #1 14:43PM for one minute - staff #2 14:18 PM and went under the camera for three minutes, 14:52 - 14:54 PM - staff #3 13:55 - 13:57 PM, 13:59 - 14:06 PM - staff #4 14:43 PM for one minute Plan of Correction: ...
Standard #: 22VAC40-185-70-A Description: Based upon review of five staff records and staff interview on 7/15/2017, the facility has not ensured that each staff record includes documentation that staff received the orientation training required prior to the end of the first day on duty with the children. Evidence: 1. According to the record provided, the first day of duty on the floor with the children for staff 4 was 5/10/2017. The record provided for staff #4 did not include documentation of orientation training regarding facility policies and procedures. 2. Administrative staff were unable to provide documentation of the orientation training for staff #4. Plan of Correction: Not available online. Contact Inspector for more information.
Standard #: 22VAC40-185-340-A Description: Based upon review of the provided video, the facility has not ensured the care and protection of the children. Evidence: A review of the video of 6/22/2017 from 13:54 PM - 15:08 PM of the Stay and Play classroom, revealed the following: 1. At 14:13 PM, staff #1 was observed spraying the toys and shelving with aerosol disinfecting spray. The children were playing near and sitting around the shelving as she was spraying into the air around the toys/shelving. 2. At 14:45 PM a child was standing on a chair. 3. At 14:50 PM, staff #2 was observed spraying air freshener around the classroom over and around the twelve children in care. 4. At 14:51 PM, a child was observed jumping over a chair. 5. At 15:00 PM, staff #2 was observed grabbing a child by the wrist and pulling him off the table on which he was sitting and directing him to sit on the floor. Plan of Correction: Not available online. Contact Inspector for more information.
Standard #: 22VAC40-185-340-D Description: Based upon review of four staff records, review of a video recording and staff interview, the facility has not ensured that in each grouping of children there is at least one staff member who meets the qualifications of program leader present, Evidence: A review of the provided video of 6/22/2017 from 13:54 ? 15:08 PM of the Stay and Play classroom revealed the following: 1. Staff #1, #2, #3 and #4, the only staff on duty with the children throughout the video, rotated in and out of the Stay and Play room in which 12 boys, ages ten years through 12 years and one boy aged 8 years were in care. None of the four staff were qualified as program leaders. 2. At 14:05 PM, the video revealed that staff #4, a classroom aide, was on duty by himself with the twelve children in the Stay and Play room. 3. Staff interview of program administrators on 7/7/2017 confirmed that the position titles of staff #1, #2, #3 and #4 are aides. 4. The records provided for staff #1, #2, #3 and #4 on 7/14/1017 identified all four staff as classroom aides. Plan of Correction: Not available online. Contact Inspector for more information.
Standard #: 22VAC40-185-340-F Description: Based upon review of the provided video, the facility did not ensure that children are always within actual sight and sound supervision of staff. Evidence: A review of the video of 6/22/2017 from 13:54 PM - 15:08 PM of the Stay and Play classroom, revealed the following: 1. At 14:16 PM, child #8, age 8 years, and child #3, age 12 years, were observed via the video recording to be alone in the Stay and Play classroom for one minute with no staff present. 2. From 14:20 ? 14:24 PM, child #, age 8 years, was observed via video recording to be alone in the Stay and Play classroom. All staff on duty were in the back classroom, not the Stay and Play classroom. 3. From 14:32 PM - 14:35 PM, child #8 was alone in the Stay and Play classroom. Three other boys entered and left the room, but no staff were in the room. Staff #5 stuck her head in and out of the doorway to the Stay and Play classroom, but did not enter. Plan of Correction: Not available online. Contact Inspector for more information.
Standard #: 22VAC40-185-400-A Description: Based upon review of the provided video, the facility has not ensured that in order to promote the intellectual, emotional and social well-being and growth of the children, staff interact with the children and one another to provide needed help, comfort and support. Evidence: A video recording of 6/22/2017, from 13:54 ? 15:08 of the Stay and Play classroom, revealed the following: 1. At 14:07 PM, staff #1 came through the doorway into the Stay and Play classroom in which there were twelve boys in care, ages ten through twelve years. Staff 1 picked up a small ball from the floor and threw it across the room. Following this action, she imitated a ?twerking? motion with her body followed by shared laughter with staff #4. She then pressed the back of her body up against the front of staff #4?s body (male). Staff #1 and staff #4 laughed. 2. At 14:16 PM, staff #3 entered the Stay and Play room and intentionally tripped staff #1 after which she chased after him around the children sitting around on the floor and tables in the room. 3. At 14:23 PM, staff #2 was observed laughing and pulling on the hand of staff #4 playfully. The attention of both staff was on each other, not the children in the classroom. 4. At 14:29 PM, staff #4 playfully faked a punch towards the stomach of a child standing nearby. 5. At 15:03 PM, staff #2 had a container of sunscreen in her hand and pretended that she was going to spray the sunscreen into the face of a child. Plan of Correction: Not available online. Contact Inspector for more information.
Standard #: 22VAC40-185-430-B Description: Based upon review of the provided video, the facility has not ensured that materials and equipment are available and are age and stage appropriate for the children and include an adequate supply as appropriate for each age group of arts and crafts materials, texture materials, construction materials, music and sound materials, books, social living equipment and manipulative equipment. Evidence: A review of the video of 6/22/2017 from 13:54 PM - 15:08 PM of the Stay and Play classroom, revealed the following: During the entire 1 hour and 13 minute length of the video, a group of twelve boys, ages ten - twelve years, and one eight year old boy were in care in the Stay and Play classroom and an adjoining small room. The classroom is equipped for use by toddlers and young preschool children. There were no age appropriate games or equipment in this room. There were only four chairs in the room, thus the boys were sitting on the floor, tables and shelving units. There were no planned activities and staff did not offer any activities to the children for the entire video. Children were observed milling about, looking at personal cell phones and tablets. Plan of Correction: Not available online. Contact Inspector for more information.
Standard #: 22VAC40-191-60-C-2 Description: Based upon review of five staff records, the facility has not ensured that a child protective services (CPS) central registry finding is obtained within 30 days of employment or continued employ is denied. Evidence: 1. The record provided for review on 7/14/2017 for staff #1, employed on 12/17/2016, did not include a CPS central registry finding. 2. Staff #1 was on duty with the children during the incident on video on 6/22/2017. 3. Administrative staff were unable to produce results of a CPS registry finding for staff #1. Plan of Correction: Not available online. Contact Inspector for more information.
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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