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Kellys Kare Academy
4604 Pembroke Lake Circle
Suite 108
Virginia beach, VA 23455
(757) 228-3443

Current Inspector: Arlene Agustin (804) 629-7519

Inspection Date: April 4, 2018

Complaint Related: No

Areas Reviewed:
63.2 Facilities and Programs..
22VAC40-191 Background Checks (22VAC40-191)

Technical Assistance:
Technical assistance was provided in the following areas of the standards: 22VAC40-191 (Background checks); 22VAC40-185-(4)-330 (Play areas)

An unannounced monitoring inspection was conducted on 4/4/18 from 9:28am - 11:20am. During the inspection there were 11 children ages one year old through eight years old in care with four staff. Children were observed participating in various activities in the classrooms, and eating morning snack. Records were reviewed for five children and four staff. There was no medication at the facility. Emergency procedures and emergency supplies were reviewed during the inspection. Areas of non-compliance are identified on the violation notice and were discussed during the exit interview.

Standard #: 22VAC40-185-330-B
Description: Based on observation, it was determined that where playground equipment is provided, resilient surfacing shall comply with minimum safety standards when tested in accordance with the procedures described in the American Society for Testing and Materials standard F1292-99 and shall be under equipment with moving parts or climbing apparatus to create a fall zone free of hazardous obstacles. Evidence: 1. There is a yellow stationary playground apparatus that looks like a car and rocks back and forth. There is less than six feet of fall zone between the the equipment and the exterior fence surrounding the playground. 2. Staff #4 (Program Director) confirmed that there was not a six foot fall zone on all sides for the playground equipment.

Plan of Correction: The facility responded: This new equipment does have a rocking motion but we are awaiting from the inspector the ruling about the surface under as he measured to see if the measurements required the resilient surface elements as if this apparatus needs resilient surface under it however it will be removed away from the fence that does not have a complete 6 foot fall zone around the rear of the equipment

Standard #: 22VAC40-185-340-F
Description: Based on observation and interviews, it was determined that the facility did not ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff. Evidence: 1. The Licensing Inspector observed staff #3 with a group of six children in the School age classroom. 2. On two different occasions the Licensing Inspector observed staff #3 leave the classroom to get food for the morning snack. Each time the children were left alone without a staff present in that classroom. Even though all the classrooms are surrounded by a half wall, the staff present in the other classroom could not see all of the children from their location. 3. Staff #3 confirmed that she did not maintain sight and sound supervision for the children in the classroom.

Plan of Correction: The facility responded: Staff #3 has been talked too and retrained and reminded of this issue she is well aware that this is not to happen again as it is a very serious matter in the event she does forget this crucial bit of information she will be written up as a reprimand the first incident was a verbal warning if it happens a 3rd time staff will be terminated for not following the daycare standards and guidelines of 1st verbal warning, then written warning then a termination if occurrences happens again, Staff is trained and should make sure to follow these protocols that are in place.

Standard #: 22VAC40-185-500-A
Description: Based on observation and interviews, it was determined that the facility did not ensure that children wash hands with soap and running water after toileting and before and after eating meals. Evidence: 1. The Licensing Inspector observed child #1 having her diaper changed by staff #1 in the Infant classroom. 2. When staff #1 was finished with the diaper change she placed child #1 at the table to eat snack without washing child #1's hands. Child #1 was observed was eating snack. 3. Staff #1 stated that she used a soap and water mixture in a spray bottle to clean the child's hands, but did not use running water.

Plan of Correction: The facility responded: The children were moved from one location to a new room and in this room we have not installed a new sink the plumbing company has been called and scheduled to come out and install the new sink system in this room on May 25th until this date the staff will walk the children to the back classroom to assure that hands are being washed after diapering and before snack each time.

Standard #: 22VAC40-185-550-D
Description: Based on a review of the emergency drill log and interview, it was determined that the facility did not ensure that a monthly practice evacuation drill and a a minimum of two shelter-in-place practice drills per year for the most likely to occur scenarios are completed. Evidence: 1. The emergency drill log did not have written documentation to demonstrate that an emergency evacuation drill was completed during the month of March 2018. The last entry for a completed emergency evacuation drill was 2/13/18. 2. There was only documentation for for one shelter-in-place drill being completed in 2017. The only documented drill occurred on 4/16/17. 3. Staff #4 (Program Director) confirmed that there was no evacuation drill completed during the month of March 2018, and that only one shelter-in-place drill was completed during 2017.

Plan of Correction: The facility responded: The director must apologize about this documentation there was a drill held and a shelter in place drill to explain our lock down system to our children after the last major shooting incident however, I failed to place it on my log. But it was one held the week of march 4th when the students returned back to school in Florida we held our drill to explain what we as a center would do to keep safe if we were ever in any dangerous attack.

Standard #: 22VAC40-185-560-F
Description: Based on observation and interviews, it was determined that the facility did not ensure that when centers provide food they follow the most recent, age-appropriate nutritional requirements of USDA and that a menu listing foods to be served for meals and snacks during the current one-week period is posted. Evidence: 1. The Licensing Inspector observed that the posted at the front of the facility was dated 2/19-2/23. 2. The children in the School Age classroom were observed eating gold fish crackers and water for the morning snack. 3. Staff #4 (Program Director) confirmed that the correct menu for the week was not posted and that the morning snack for the children in the School Age classroom did not meet USDA requirements.

Plan of Correction: The facility responded: The director received a new guideline from the inspector during this inspection and will make all necessary changes to the menu to reflect the proper USDA guidelines from now on and also make sure to keep the menu current weekly.


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. To find programs participating in Virginia Quality, click here.

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