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Home › NC › Charlotte › The Phoenix Academy
2515 Central Avenue, Charlotte NC 28205 · License #60003176 · Center · Child Care Center
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10A NCAC 09 .0901 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2026 Number Present: 5 Completed Date: 5/5/2026 Age: From 0 To 4 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. The five-star licensed child care center continued to meet voluntary enhanced ratios and space requirements. Upon arrival at the center, I was greeted by the two lead teachers and five children, ranging in age from eleven months to four years of age. Ms. Torrence was not on site and arrived shortly after the visit began. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated April 2025 were used to document compliance. Spaces #1-5, kitchen, and outdoor learning environments were monitored for compliance. The center does not provide transportation to children. Spaces #2 and #4 were monitored in use. The kitchen was monitored with a posted menu, and the center’s current allergy list. Foods were monitored stored properly in the freezer and refrigerator. The operator ordered lunch for delivery. The posted menu was not updated with the substituted food prior to the food being served. Ms. Torrence updated the posted menu after children were served the food. The only adult restroom is out of service. The toilet was not operational. Ms. Torrence stated having issues with the City of Charlotte taking ownership of the on-going issue. Ms. Torrence stated replacing the toilet, having a plumber run a snake line, and the final determination was that the issue is the City of Charlotte. Children were monitored eating lunch chicken nuggets, French fries, pineapples. The outdoor learning environments were monitored for compliance and found to meet child care requirements. Children were monitored engaged in free play, and working on a Mother’s Day project. The center has implemented The Experience Curriculum. The lesson plans posted were current and developmentally appropriate Staff and Training worksheets were updated and emailed to me as requested. There were not as a new staff member that was hired after the last RU visit completed in November 2025. The following existing staff files were monitored for compliance: S. Tolbert. The center’s ABCMS roster report was run prior to the visit and compared to the staff and training worksheet. The ABCMS report was monitored current. Ms. Torrence’s five-year renewal for health and safety training was not completed in 2025. She was reminded about completing CMT training as a part of the renewal process. Ms. Brown was rehired in May of 2025. She was designated to work with children two years to school age. Ms. Brown didn’t obtain BSAC training until eleven (11) months of employment. Ms. Tolbert and Ms. Torrence’s ITS-SIDS training expired in February 2026. They both obtained the required training, but it was not until April 24, 2026, two months later. An infant was enrolled in the beginning of April. An infant was in care without the operator or infant lead teacher with current ITS-SIDS training. We discussed ensuring plastic bags are not accessible. It was recommended to relocate the infant bottle warming to a higher counter top and completing out of reach of children. There were seventeen (17) children enrolled. Two (2) children’s files were monitored for compliance and found to meet child care requirements. Documentation for quarterly safety drills, monthly fire drills, playground inspections and center incident log were monitored for compliance and found to meet child care requirements. The center’s EPR plan and Ready to Go File were monitored for compliance and were found to meet child care requirements. Lesson plans were monitored, posted and developmentally appropriate. The last sanitation inspection completed was dated December 4, 2025, with seventeen (17) demerits cited and an Approved classification issued. The last annual fire inspection was completed June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. The food served for lunch was not what was listed on the posted menu listed as meatballs, wheat bun, pineapples. The children were served door dashed McDonald's chicken nuggets, pineapples, French fries and milk. The change in menu was not listed on the posted menu. 10A NCAC 09 .0901(b) 604 Lavatories were not kept clean, in good repair and kept free of storage. The toilet in the only adult bathroom on site was not operational. 15A NCAC 18A .2818(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator and designated lead teacher for infants ITS-SIDS training expired February 2026. .1102(f) 1445 All group leaders were not at least 18 years of age, have a high school diploma, and/or had not completed Basic School Age Care (BSAC) training. One group leader did not obtain the required eleven months after beginning employment. .2510(c) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. The administrator and designated infant caregiver's ITS-SIDS training expired February 2026. Both staff obtained ITS-SIDS training on April 24, 2026. There was one infant enrolled the second week of April, and no staff held a current ITS-SIDS certification. .01102 (f) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. The operator was due to renew her Health and Safety Training in 2025 and did not. .1103(b) Technical Assistance Provided and General Discussion: -We discussed status on Pathway #1. All required or applicable forms related to Pathway #1 were downloaded to a folder established on the administrator’s desktop. The forms and process were reviewed. A center self-study must span over three months. It is highly recommended to begin the process soon with the expectation that ERS-environmental rating scales are requested no later than November 1, 2026. It was highly recommended to enroll in quality every day and/or request a mock assessment via NCRLAP. We reviewed education levels and the required worksheet. It was recommended to complete the self-center study by September 2026. We discussed DCDEE WORKS status letters. Ms. Brown will need to upload her BSAC certificate. A call was made to the WORKS unit to inquire about submitted official transcripts. -It was recommended to add something live to the children’s classrooms. A plant or fish, possibly. -We discussed multi-age ratios. Child care rules were emailed to the operator after the visit. The operator will be required to submit in writing a request to begin following multi-age group childcare. -The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. On or before May 19, 2026, I must receive a written, dated, and signed compliance letter that describes accurately and in detail how and when the violations were corrected. Please be aware that any information submitted by you is considered legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Mara Brinton, Child Care Consultant 3687 Stallings Road Harrisburg, NC 28075 mara.brinton@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care ID # 12345678 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Generated from this facility's specific inspection record
Data synced from North Carolina's child care licensing agency on Jul 9, 2026 · Report an error
Open Not marked corrected in the state record
Category: ratio. Open / not marked corrected.
G.S. 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2026 Number Present: 5 Completed Date: 5/5/2026 Age: From 0 To 4 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. The five-star licensed child care center continued to meet voluntary enhanced ratios and space requirements. Upon arrival at the center, I was greeted by the two lead teachers and five children, ranging in age from eleven months to four years of age. Ms. Torrence was not on site and arrived shortly after the visit began. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated April 2025 were used to document compliance. Spaces #1-5, kitchen, and outdoor learning environments were monitored for compliance. The center does not provide transportation to children. Spaces #2 and #4 were monitored in use. The kitchen was monitored with a posted menu, and the center’s current allergy list. Foods were monitored stored properly in the freezer and refrigerator. The operator ordered lunch for delivery. The posted menu was not updated with the substituted food prior to the food being served. Ms. Torrence updated the posted menu after children were served the food. The only adult restroom is out of service. The toilet was not operational. Ms. Torrence stated having issues with the City of Charlotte taking ownership of the on-going issue. Ms. Torrence stated replacing the toilet, having a plumber run a snake line, and the final determination was that the issue is the City of Charlotte. Children were monitored eating lunch chicken nuggets, French fries, pineapples. The outdoor learning environments were monitored for compliance and found to meet child care requirements. Children were monitored engaged in free play, and working on a Mother’s Day project. The center has implemented The Experience Curriculum. The lesson plans posted were current and developmentally appropriate Staff and Training worksheets were updated and emailed to me as requested. There were not as a new staff member that was hired after the last RU visit completed in November 2025. The following existing staff files were monitored for compliance: S. Tolbert. The center’s ABCMS roster report was run prior to the visit and compared to the staff and training worksheet. The ABCMS report was monitored current. Ms. Torrence’s five-year renewal for health and safety training was not completed in 2025. She was reminded about completing CMT training as a part of the renewal process. Ms. Brown was rehired in May of 2025. She was designated to work with children two years to school age. Ms. Brown didn’t obtain BSAC training until eleven (11) months of employment. Ms. Tolbert and Ms. Torrence’s ITS-SIDS training expired in February 2026. They both obtained the required training, but it was not until April 24, 2026, two months later. An infant was enrolled in the beginning of April. An infant was in care without the operator or infant lead teacher with current ITS-SIDS training. We discussed ensuring plastic bags are not accessible. It was recommended to relocate the infant bottle warming to a higher counter top and completing out of reach of children. There were seventeen (17) children enrolled. Two (2) children’s files were monitored for compliance and found to meet child care requirements. Documentation for quarterly safety drills, monthly fire drills, playground inspections and center incident log were monitored for compliance and found to meet child care requirements. The center’s EPR plan and Ready to Go File were monitored for compliance and were found to meet child care requirements. Lesson plans were monitored, posted and developmentally appropriate. The last sanitation inspection completed was dated December 4, 2025, with seventeen (17) demerits cited and an Approved classification issued. The last annual fire inspection was completed June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. The food served for lunch was not what was listed on the posted menu listed as meatballs, wheat bun, pineapples. The children were served door dashed McDonald's chicken nuggets, pineapples, French fries and milk. The change in menu was not listed on the posted menu. 10A NCAC 09 .0901(b) 604 Lavatories were not kept clean, in good repair and kept free of storage. The toilet in the only adult bathroom on site was not operational. 15A NCAC 18A .2818(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator and designated lead teacher for infants ITS-SIDS training expired February 2026. .1102(f) 1445 All group leaders were not at least 18 years of age, have a high school diploma, and/or had not completed Basic School Age Care (BSAC) training. One group leader did not obtain the required eleven months after beginning employment. .2510(c) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. The administrator and designated infant caregiver's ITS-SIDS training expired February 2026. Both staff obtained ITS-SIDS training on April 24, 2026. There was one infant enrolled the second week of April, and no staff held a current ITS-SIDS certification. .01102 (f) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. The operator was due to renew her Health and Safety Training in 2025 and did not. .1103(b) Technical Assistance Provided and General Discussion: -We discussed status on Pathway #1. All required or applicable forms related to Pathway #1 were downloaded to a folder established on the administrator’s desktop. The forms and process were reviewed. A center self-study must span over three months. It is highly recommended to begin the process soon with the expectation that ERS-environmental rating scales are requested no later than November 1, 2026. It was highly recommended to enroll in quality every day and/or request a mock assessment via NCRLAP. We reviewed education levels and the required worksheet. It was recommended to complete the self-center study by September 2026. We discussed DCDEE WORKS status letters. Ms. Brown will need to upload her BSAC certificate. A call was made to the WORKS unit to inquire about submitted official transcripts. -It was recommended to add something live to the children’s classrooms. A plant or fish, possibly. -We discussed multi-age ratios. Child care rules were emailed to the operator after the visit. The operator will be required to submit in writing a request to begin following multi-age group childcare. -The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. On or before May 19, 2026, I must receive a written, dated, and signed compliance letter that describes accurately and in detail how and when the violations were corrected. Please be aware that any information submitted by you is considered legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Mara Brinton, Child Care Consultant 3687 Stallings Road Harrisburg, NC 28075 mara.brinton@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care ID # 12345678 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: ratio. Open / not marked corrected.
NC GS 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2026 Number Present: 5 Completed Date: 5/5/2026 Age: From 0 To 4 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. The five-star licensed child care center continued to meet voluntary enhanced ratios and space requirements. Upon arrival at the center, I was greeted by the two lead teachers and five children, ranging in age from eleven months to four years of age. Ms. Torrence was not on site and arrived shortly after the visit began. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated April 2025 were used to document compliance. Spaces #1-5, kitchen, and outdoor learning environments were monitored for compliance. The center does not provide transportation to children. Spaces #2 and #4 were monitored in use. The kitchen was monitored with a posted menu, and the center’s current allergy list. Foods were monitored stored properly in the freezer and refrigerator. The operator ordered lunch for delivery. The posted menu was not updated with the substituted food prior to the food being served. Ms. Torrence updated the posted menu after children were served the food. The only adult restroom is out of service. The toilet was not operational. Ms. Torrence stated having issues with the City of Charlotte taking ownership of the on-going issue. Ms. Torrence stated replacing the toilet, having a plumber run a snake line, and the final determination was that the issue is the City of Charlotte. Children were monitored eating lunch chicken nuggets, French fries, pineapples. The outdoor learning environments were monitored for compliance and found to meet child care requirements. Children were monitored engaged in free play, and working on a Mother’s Day project. The center has implemented The Experience Curriculum. The lesson plans posted were current and developmentally appropriate Staff and Training worksheets were updated and emailed to me as requested. There were not as a new staff member that was hired after the last RU visit completed in November 2025. The following existing staff files were monitored for compliance: S. Tolbert. The center’s ABCMS roster report was run prior to the visit and compared to the staff and training worksheet. The ABCMS report was monitored current. Ms. Torrence’s five-year renewal for health and safety training was not completed in 2025. She was reminded about completing CMT training as a part of the renewal process. Ms. Brown was rehired in May of 2025. She was designated to work with children two years to school age. Ms. Brown didn’t obtain BSAC training until eleven (11) months of employment. Ms. Tolbert and Ms. Torrence’s ITS-SIDS training expired in February 2026. They both obtained the required training, but it was not until April 24, 2026, two months later. An infant was enrolled in the beginning of April. An infant was in care without the operator or infant lead teacher with current ITS-SIDS training. We discussed ensuring plastic bags are not accessible. It was recommended to relocate the infant bottle warming to a higher counter top and completing out of reach of children. There were seventeen (17) children enrolled. Two (2) children’s files were monitored for compliance and found to meet child care requirements. Documentation for quarterly safety drills, monthly fire drills, playground inspections and center incident log were monitored for compliance and found to meet child care requirements. The center’s EPR plan and Ready to Go File were monitored for compliance and were found to meet child care requirements. Lesson plans were monitored, posted and developmentally appropriate. The last sanitation inspection completed was dated December 4, 2025, with seventeen (17) demerits cited and an Approved classification issued. The last annual fire inspection was completed June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. The food served for lunch was not what was listed on the posted menu listed as meatballs, wheat bun, pineapples. The children were served door dashed McDonald's chicken nuggets, pineapples, French fries and milk. The change in menu was not listed on the posted menu. 10A NCAC 09 .0901(b) 604 Lavatories were not kept clean, in good repair and kept free of storage. The toilet in the only adult bathroom on site was not operational. 15A NCAC 18A .2818(a) 1065 Child care providers scheduled to work in the infant room, did not complete ITS-SIDS training within two months of employment or did not complete the training every three years. Child care administrators did not complete the ITS-SIDS training within 90 days of employment and every three years thereafter. The administrator and designated lead teacher for infants ITS-SIDS training expired February 2026. .1102(f) 1445 All group leaders were not at least 18 years of age, have a high school diploma, and/or had not completed Basic School Age Care (BSAC) training. One group leader did not obtain the required eleven months after beginning employment. .2510(c) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. The administrator and designated infant caregiver's ITS-SIDS training expired February 2026. Both staff obtained ITS-SIDS training on April 24, 2026. There was one infant enrolled the second week of April, and no staff held a current ITS-SIDS certification. .01102 (f) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. The operator was due to renew her Health and Safety Training in 2025 and did not. .1103(b) Technical Assistance Provided and General Discussion: -We discussed status on Pathway #1. All required or applicable forms related to Pathway #1 were downloaded to a folder established on the administrator’s desktop. The forms and process were reviewed. A center self-study must span over three months. It is highly recommended to begin the process soon with the expectation that ERS-environmental rating scales are requested no later than November 1, 2026. It was highly recommended to enroll in quality every day and/or request a mock assessment via NCRLAP. We reviewed education levels and the required worksheet. It was recommended to complete the self-center study by September 2026. We discussed DCDEE WORKS status letters. Ms. Brown will need to upload her BSAC certificate. A call was made to the WORKS unit to inquire about submitted official transcripts. -It was recommended to add something live to the children’s classrooms. A plant or fish, possibly. -We discussed multi-age ratios. Child care rules were emailed to the operator after the visit. The operator will be required to submit in writing a request to begin following multi-age group childcare. -The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. On or before May 19, 2026, I must receive a written, dated, and signed compliance letter that describes accurately and in detail how and when the violations were corrected. Please be aware that any information submitted by you is considered legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. Mail or email the information to: Mara Brinton, Child Care Consultant 3687 Stallings Road Harrisburg, NC 28075 mara.brinton@dhhs.nc.gov If you email the compliance letter, it must be sent from the email address registered with the DCDEE (this serves as your signature) and the following information must be included: name, position, facility name, and facility ID number. An example is: Jane Doe, Administrator AAA Child Care ID # 12345678 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: ratio. Open / not marked corrected.
10A NCAC 09 .0901 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 11/17/2025 Number Present: 7 Completed Date: 11/17/2025 Age: From 1 To 5 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. The five-star licensed center continued to operate meeting enhanced ratios and space. Ms. Shirley Torrence, administrator, greeted me at the side entry door with four preschool children with her. Ms. Torrence stated she had one staff member off. The prep. Kitchen door was monitored opened. There were an air fryer, toaster oven, and microwave on the countertop. The kitchen door was closed and locked after informing Ms. Torrence. The child care item listing dated April 2025 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces 1-4, and the outdoor learning environment were monitored for compliance. Ms. Torrence stated she was not providing transportation at this time. The vehicle and transportation requirements were not monitored during today’s visit. There was not a current lesson plan posted in any of the operating spaces (#2 and #4). The approved curriculum implemented with the four-year-old children was identified as Bright Wheel. Children were monitored engaged in free play, tummy time, and eating lunch. Ms. Torrence could not prepare lunch due to being responsible for the preschool children present in space #4. Ms. Torrence ordered McDonalds and had the food delivered. Children were served chicken nuggets, French Fries, apple slices and milk for lunch. The posted menu was not updated to reflect the change in menu prior to the change occurring. Ms. Torrence was also asked to list the daily date on posted menus, not just the month and year. There was one rehired staff member as of the last AC visit completed in May 2025. The staff and training worksheet were updated and provided for review prior to the visit. All staff were monitored current with ABCMS, CBC’S, CPR and FA training with health and safety training. The center’s EPR plan, Ready to Go File, or allergy list were not monitored current. The center incident log was monitored current. The completed incident reports were maintained in a file instead of filing each report in the applicable child’s file. There were a few books monitored with torn pages or spines that were removed from the shelf in space #4. We discussed moving the evacuation crib to the closest to the door. The ceiling in space #4 was monitored collapsing with shipped paint from a roof leak. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. A shelter in place or lock down drill was not completed at least once every three months. The last drill documented was July 7, 2025. The center’s printed EPR plan and Ready to Go File were not monitored for compliance. The date listed on the printed EPR plan was March 2024. Ms. Torrence stated nothing had changed. It was recommended to request assistance from the community health nurse. The outdoor learning environment was monitored with three wooden fence slats separated and leaning towards the interior of the environment. The last sanitation inspection was completed May 6, 2025, with thirteen (13) demerits cited and a Superior classification issued. The last annual fire inspection was completed on June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. There was not a current posted lesson plan for each required group (toddlers, pre-K and school-age) GS 110-91(12); .0508(a) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. There was a posted allergy list in space #4. However, the posted allergy list was not current. One child listed with an allergy was no longer enrolled at the facility. .0901(g) 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. One staff member was scheduled to be off and the operator ordered lunch from an outside vendor. The change was not listed on the posted menu. 10A NCAC 09 .0901(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The ceiling in space #4 was monitored with the ceiling with water damage/leak, chipped paint and falling in the damaged area. 15A NCAC 18A .2825(a) 707 Equipment and furnishings not meeting the requirements outlined in child care .0601(b) and (c) were not removed or made inaccessible. There were three identified books in poor condition in space #4. .0601(d) 721 All equipment and furnishings were not in good repair. Three wooden outdoor fence slats were separated and leaning towards the interior of the playground. G.S. 110-91(6); .0601(b) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented drill was listed as July 7, 2025. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The Ready to Go File was monitored not current with each enrolled child. .0607(d)(10) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The center EPR plan was dated March 2024 and had not been updated or reviewed annually by the operator/administrator. .0607(e) Technical Assistance Provided and General Discussion: 1. It was recommended to maintain an evacuation crib in space #5a/b. If there is one caregiver with six toddlers, it would be easier to exit the building in an emergency with use of an evacuation crib. 2. Pathway #1 was selected and documented per the review. We discussed Modernization of QRIS. It was highly recommended to ensure a DCDEE WORKS status letter is on file for each staff member, including all lead teachers, teachers, and group leaders. It was recommended to review all links sent pertaining to the QRIS Modernization via the DCDEE website and emails from the consultant. Both lead teachers are enrolled in college coursework and will need to update their WORKS letters before processing a reassessment in 2026. It was recommended to have a mock assessment completed by NCRLAP. 3. We discussed not permitting the children to take off their shoes and socks. It was recommended to work children and families regarding keeping their shoes on while at childcare or requesting closed toe slippers be provided. 4. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 1, 2025. You may email me with your letter of correction. Mail written documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: ratio. Open / not marked corrected.
G.S. 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 11/17/2025 Number Present: 7 Completed Date: 11/17/2025 Age: From 1 To 5 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. The five-star licensed center continued to operate meeting enhanced ratios and space. Ms. Shirley Torrence, administrator, greeted me at the side entry door with four preschool children with her. Ms. Torrence stated she had one staff member off. The prep. Kitchen door was monitored opened. There were an air fryer, toaster oven, and microwave on the countertop. The kitchen door was closed and locked after informing Ms. Torrence. The child care item listing dated April 2025 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces 1-4, and the outdoor learning environment were monitored for compliance. Ms. Torrence stated she was not providing transportation at this time. The vehicle and transportation requirements were not monitored during today’s visit. There was not a current lesson plan posted in any of the operating spaces (#2 and #4). The approved curriculum implemented with the four-year-old children was identified as Bright Wheel. Children were monitored engaged in free play, tummy time, and eating lunch. Ms. Torrence could not prepare lunch due to being responsible for the preschool children present in space #4. Ms. Torrence ordered McDonalds and had the food delivered. Children were served chicken nuggets, French Fries, apple slices and milk for lunch. The posted menu was not updated to reflect the change in menu prior to the change occurring. Ms. Torrence was also asked to list the daily date on posted menus, not just the month and year. There was one rehired staff member as of the last AC visit completed in May 2025. The staff and training worksheet were updated and provided for review prior to the visit. All staff were monitored current with ABCMS, CBC’S, CPR and FA training with health and safety training. The center’s EPR plan, Ready to Go File, or allergy list were not monitored current. The center incident log was monitored current. The completed incident reports were maintained in a file instead of filing each report in the applicable child’s file. There were a few books monitored with torn pages or spines that were removed from the shelf in space #4. We discussed moving the evacuation crib to the closest to the door. The ceiling in space #4 was monitored collapsing with shipped paint from a roof leak. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. A shelter in place or lock down drill was not completed at least once every three months. The last drill documented was July 7, 2025. The center’s printed EPR plan and Ready to Go File were not monitored for compliance. The date listed on the printed EPR plan was March 2024. Ms. Torrence stated nothing had changed. It was recommended to request assistance from the community health nurse. The outdoor learning environment was monitored with three wooden fence slats separated and leaning towards the interior of the environment. The last sanitation inspection was completed May 6, 2025, with thirteen (13) demerits cited and a Superior classification issued. The last annual fire inspection was completed on June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. There was not a current posted lesson plan for each required group (toddlers, pre-K and school-age) GS 110-91(12); .0508(a) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. There was a posted allergy list in space #4. However, the posted allergy list was not current. One child listed with an allergy was no longer enrolled at the facility. .0901(g) 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. One staff member was scheduled to be off and the operator ordered lunch from an outside vendor. The change was not listed on the posted menu. 10A NCAC 09 .0901(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The ceiling in space #4 was monitored with the ceiling with water damage/leak, chipped paint and falling in the damaged area. 15A NCAC 18A .2825(a) 707 Equipment and furnishings not meeting the requirements outlined in child care .0601(b) and (c) were not removed or made inaccessible. There were three identified books in poor condition in space #4. .0601(d) 721 All equipment and furnishings were not in good repair. Three wooden outdoor fence slats were separated and leaning towards the interior of the playground. G.S. 110-91(6); .0601(b) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented drill was listed as July 7, 2025. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The Ready to Go File was monitored not current with each enrolled child. .0607(d)(10) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The center EPR plan was dated March 2024 and had not been updated or reviewed annually by the operator/administrator. .0607(e) Technical Assistance Provided and General Discussion: 1. It was recommended to maintain an evacuation crib in space #5a/b. If there is one caregiver with six toddlers, it would be easier to exit the building in an emergency with use of an evacuation crib. 2. Pathway #1 was selected and documented per the review. We discussed Modernization of QRIS. It was highly recommended to ensure a DCDEE WORKS status letter is on file for each staff member, including all lead teachers, teachers, and group leaders. It was recommended to review all links sent pertaining to the QRIS Modernization via the DCDEE website and emails from the consultant. Both lead teachers are enrolled in college coursework and will need to update their WORKS letters before processing a reassessment in 2026. It was recommended to have a mock assessment completed by NCRLAP. 3. We discussed not permitting the children to take off their shoes and socks. It was recommended to work children and families regarding keeping their shoes on while at childcare or requesting closed toe slippers be provided. 4. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 1, 2025. You may email me with your letter of correction. Mail written documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 11/17/2025 Number Present: 7 Completed Date: 11/17/2025 Age: From 1 To 5 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. The five-star licensed center continued to operate meeting enhanced ratios and space. Ms. Shirley Torrence, administrator, greeted me at the side entry door with four preschool children with her. Ms. Torrence stated she had one staff member off. The prep. Kitchen door was monitored opened. There were an air fryer, toaster oven, and microwave on the countertop. The kitchen door was closed and locked after informing Ms. Torrence. The child care item listing dated April 2025 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces 1-4, and the outdoor learning environment were monitored for compliance. Ms. Torrence stated she was not providing transportation at this time. The vehicle and transportation requirements were not monitored during today’s visit. There was not a current lesson plan posted in any of the operating spaces (#2 and #4). The approved curriculum implemented with the four-year-old children was identified as Bright Wheel. Children were monitored engaged in free play, tummy time, and eating lunch. Ms. Torrence could not prepare lunch due to being responsible for the preschool children present in space #4. Ms. Torrence ordered McDonalds and had the food delivered. Children were served chicken nuggets, French Fries, apple slices and milk for lunch. The posted menu was not updated to reflect the change in menu prior to the change occurring. Ms. Torrence was also asked to list the daily date on posted menus, not just the month and year. There was one rehired staff member as of the last AC visit completed in May 2025. The staff and training worksheet were updated and provided for review prior to the visit. All staff were monitored current with ABCMS, CBC’S, CPR and FA training with health and safety training. The center’s EPR plan, Ready to Go File, or allergy list were not monitored current. The center incident log was monitored current. The completed incident reports were maintained in a file instead of filing each report in the applicable child’s file. There were a few books monitored with torn pages or spines that were removed from the shelf in space #4. We discussed moving the evacuation crib to the closest to the door. The ceiling in space #4 was monitored collapsing with shipped paint from a roof leak. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. A shelter in place or lock down drill was not completed at least once every three months. The last drill documented was July 7, 2025. The center’s printed EPR plan and Ready to Go File were not monitored for compliance. The date listed on the printed EPR plan was March 2024. Ms. Torrence stated nothing had changed. It was recommended to request assistance from the community health nurse. The outdoor learning environment was monitored with three wooden fence slats separated and leaning towards the interior of the environment. The last sanitation inspection was completed May 6, 2025, with thirteen (13) demerits cited and a Superior classification issued. The last annual fire inspection was completed on June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. There was not a current posted lesson plan for each required group (toddlers, pre-K and school-age) GS 110-91(12); .0508(a) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. There was a posted allergy list in space #4. However, the posted allergy list was not current. One child listed with an allergy was no longer enrolled at the facility. .0901(g) 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. One staff member was scheduled to be off and the operator ordered lunch from an outside vendor. The change was not listed on the posted menu. 10A NCAC 09 .0901(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The ceiling in space #4 was monitored with the ceiling with water damage/leak, chipped paint and falling in the damaged area. 15A NCAC 18A .2825(a) 707 Equipment and furnishings not meeting the requirements outlined in child care .0601(b) and (c) were not removed or made inaccessible. There were three identified books in poor condition in space #4. .0601(d) 721 All equipment and furnishings were not in good repair. Three wooden outdoor fence slats were separated and leaning towards the interior of the playground. G.S. 110-91(6); .0601(b) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented drill was listed as July 7, 2025. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The Ready to Go File was monitored not current with each enrolled child. .0607(d)(10) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The center EPR plan was dated March 2024 and had not been updated or reviewed annually by the operator/administrator. .0607(e) Technical Assistance Provided and General Discussion: 1. It was recommended to maintain an evacuation crib in space #5a/b. If there is one caregiver with six toddlers, it would be easier to exit the building in an emergency with use of an evacuation crib. 2. Pathway #1 was selected and documented per the review. We discussed Modernization of QRIS. It was highly recommended to ensure a DCDEE WORKS status letter is on file for each staff member, including all lead teachers, teachers, and group leaders. It was recommended to review all links sent pertaining to the QRIS Modernization via the DCDEE website and emails from the consultant. Both lead teachers are enrolled in college coursework and will need to update their WORKS letters before processing a reassessment in 2026. It was recommended to have a mock assessment completed by NCRLAP. 3. We discussed not permitting the children to take off their shoes and socks. It was recommended to work children and families regarding keeping their shoes on while at childcare or requesting closed toe slippers be provided. 4. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 1, 2025. You may email me with your letter of correction. Mail written documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
GS 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 11/17/2025 Number Present: 7 Completed Date: 11/17/2025 Age: From 1 To 5 Total Minutes: 285 Time In: 10:00 AM Time Out: 02:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. The five-star licensed center continued to operate meeting enhanced ratios and space. Ms. Shirley Torrence, administrator, greeted me at the side entry door with four preschool children with her. Ms. Torrence stated she had one staff member off. The prep. Kitchen door was monitored opened. There were an air fryer, toaster oven, and microwave on the countertop. The kitchen door was closed and locked after informing Ms. Torrence. The child care item listing dated April 2025 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces 1-4, and the outdoor learning environment were monitored for compliance. Ms. Torrence stated she was not providing transportation at this time. The vehicle and transportation requirements were not monitored during today’s visit. There was not a current lesson plan posted in any of the operating spaces (#2 and #4). The approved curriculum implemented with the four-year-old children was identified as Bright Wheel. Children were monitored engaged in free play, tummy time, and eating lunch. Ms. Torrence could not prepare lunch due to being responsible for the preschool children present in space #4. Ms. Torrence ordered McDonalds and had the food delivered. Children were served chicken nuggets, French Fries, apple slices and milk for lunch. The posted menu was not updated to reflect the change in menu prior to the change occurring. Ms. Torrence was also asked to list the daily date on posted menus, not just the month and year. There was one rehired staff member as of the last AC visit completed in May 2025. The staff and training worksheet were updated and provided for review prior to the visit. All staff were monitored current with ABCMS, CBC’S, CPR and FA training with health and safety training. The center’s EPR plan, Ready to Go File, or allergy list were not monitored current. The center incident log was monitored current. The completed incident reports were maintained in a file instead of filing each report in the applicable child’s file. There were a few books monitored with torn pages or spines that were removed from the shelf in space #4. We discussed moving the evacuation crib to the closest to the door. The ceiling in space #4 was monitored collapsing with shipped paint from a roof leak. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. A shelter in place or lock down drill was not completed at least once every three months. The last drill documented was July 7, 2025. The center’s printed EPR plan and Ready to Go File were not monitored for compliance. The date listed on the printed EPR plan was March 2024. Ms. Torrence stated nothing had changed. It was recommended to request assistance from the community health nurse. The outdoor learning environment was monitored with three wooden fence slats separated and leaning towards the interior of the environment. The last sanitation inspection was completed May 6, 2025, with thirteen (13) demerits cited and a Superior classification issued. The last annual fire inspection was completed on June 11, 2025. It was highly recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 428 A current activity plan was not posted for each group of children for reference. There was not a current posted lesson plan for each required group (toddlers, pre-K and school-age) GS 110-91(12); .0508(a) 508 Special diet or food allergy information was not posted where they can be seen in food preparation and eating areas. There was a posted allergy list in space #4. However, the posted allergy list was not current. One child listed with an allergy was no longer enrolled at the facility. .0901(g) 528 Food substitution was not of comparable food value or recorded on the menu prior to the meal or snack being served. One staff member was scheduled to be off and the operator ordered lunch from an outside vendor. The change was not listed on the posted menu. 10A NCAC 09 .0901(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The ceiling in space #4 was monitored with the ceiling with water damage/leak, chipped paint and falling in the damaged area. 15A NCAC 18A .2825(a) 707 Equipment and furnishings not meeting the requirements outlined in child care .0601(b) and (c) were not removed or made inaccessible. There were three identified books in poor condition in space #4. .0601(d) 721 All equipment and furnishings were not in good repair. Three wooden outdoor fence slats were separated and leaning towards the interior of the playground. G.S. 110-91(6); .0601(b) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented drill was listed as July 7, 2025. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The Ready to Go File was monitored not current with each enrolled child. .0607(d)(10) 1824 The trained staff did not review the EPR Plan annually or when information in the plan changed to ensure all information was current. The center EPR plan was dated March 2024 and had not been updated or reviewed annually by the operator/administrator. .0607(e) Technical Assistance Provided and General Discussion: 1. It was recommended to maintain an evacuation crib in space #5a/b. If there is one caregiver with six toddlers, it would be easier to exit the building in an emergency with use of an evacuation crib. 2. Pathway #1 was selected and documented per the review. We discussed Modernization of QRIS. It was highly recommended to ensure a DCDEE WORKS status letter is on file for each staff member, including all lead teachers, teachers, and group leaders. It was recommended to review all links sent pertaining to the QRIS Modernization via the DCDEE website and emails from the consultant. Both lead teachers are enrolled in college coursework and will need to update their WORKS letters before processing a reassessment in 2026. It was recommended to have a mock assessment completed by NCRLAP. 3. We discussed not permitting the children to take off their shoes and socks. It was recommended to work children and families regarding keeping their shoes on while at childcare or requesting closed toe slippers be provided. 4. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 1, 2025. You may email me with your letter of correction. Mail written documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1002 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2025 Number Present: 10 Completed Date: 5/5/2025 Age: From 1 To 5 Total Minutes: 280 Time In: 09:35 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. Upon arrival at the center, I was greeted outside by Ms. Jewel. She was outside with six preschool children drawing with chalk. Ms. Shannon was inside with four children ranging in age from one to three years of age. The three-year-old child was discussed regarding developmental delays and what kinds of documentation from the child’s parent/doctor would be warranted to continue grouping a three-year-old child with one- and two-year-old children. Child Care Rule .0713(a) (3 & 6) was reviewed with Ms. Torrence, operator and on-site administrator. The center maintained a five-star rated license and continued to meet enhanced ratios and space. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated November 2024 were used to document compliance. Spaces #1-5, kitchen, outdoor learning environment and van (PDM-1995) were monitored for compliance. The white walls, ceilings and floorboards in space #3 were monitored dirty and chipping paint throughout the ceiling. An internal gate was monitored in poor repair and made plastic bags accessible to children under age three. The plastic bags were removed. There was a floorboard in poor repair in space #3. There were two area rugs monitored stained. Children were monitored, engaged in free play, toileting routines, and eating lunch. Chicken nuggets, wheat bread, pineapples and broccoli were served with milk. Twenty-four children were monitored enrolled. Three children’s records were selected and monitored for compliance. One child was monitored allergic to penicillin. Ms. Torrence added the child to the center’s posted allergy list. Staff and Training worksheets were maintained in the child care binder presented. Ms. Torrence was reminded of her annual in-service training hours, which were due by May 25, 2025. Updates were made manually to update annual health questionnaires. Today, the posted lesson plans were monitored. In space #3 a daily schedule was not posted. Ms. Torrence obtained a daily schedule from space #2 (not in use) and posted it in space #3 during the visit. A child’s lesson plan assessment documentation was reviewed. The center’s EPR plan was monitored for compliance. The printed EPR plan was dated May 13, 2024, but when Ms. Torrence and I reviewed page #28 it did not list the last date of review of May 13, 2024. Ms. Torrence was asked to complete the annual review of the portal system and print page #28 to determine if the date is being tracked properly. Ms. Torrence was asked to communicate with me after her annual review of the portal system. Ms. Torrence stated no medications were maintained on site for children at this time related to allergies. Documentation for quarterly safety drills and monthly fire drills were monitored. Documented incidents were monitored logged onto the center’s incident log. The daily attendance with children’s arrival and departure times were monitored, documented and current for the week. The outdoor learning environment was monitored for compliance. Monthly inspections were conducted. The wooden ramp slats were monitored disconnected to the ramp with exposed hardware. Ms. Torrence is working with a repair man and plan of action. The children keep kicking the slats and disconnecting them. A black fence tarp will be installed after the repairs are made to the slats. The center’s fifteen (15) passenger van was monitored for compliance. There was not a transportation roster developed. The right front passenger mirror was monitored cracked throughout. The fire extinguisher was monitored and maintained in a box at the back of the van. The extinguisher must be mounted or secured. Proof of current insurance, inspection and registration were provided. The last sanitation inspection was conducted on November 12, 2024, (12) twelve demerits cited, and a Superior Classification issued. The last annual fire inspection was completed July 2024. The annual inspection report was completed on the City of Charlotte fire documentation and not on the DCDEE Fire Inspection report. Ms. Torrence and the licensing supervisor have attempted to obtain the report but have not been successful. The fire inspector was no longer employed, and an alternate fire inspector is now trying to help resolve the issue. Administrative Action Updates: The center was issued a written warning on December 23, 2025. All stipulations (1-5) were completed as required. Today, no new staff were hired to determine if the policies and procedures approved during the process were completed. Violation Number Comment Rule 603 All floors and floor coverings were not constructed of nonabsorbent material and/or were not kept clean and in good repair. A floorboard in space #3 was in poor repair. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The walls, windowsill and baseboards were monitored dirty in space #3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Several outdoor wooden ramp slats were monitored disconnected with exposed hardware in the children's path of travel to the outdoor play environment. G.S. 110-91(6); .0601(b) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. A fire extinguisher was monitored stored in a box in the back of the van. The extinguisher was not mounted or secured. 10A NCAC 09 .1003(c) 1123 All vehicles used to transport children were not free of hazards. The right front passenger mirror was monitored cracked throughout. 10A NCAC 09 .1002(a) 1127 For routine transport of children to and from the center, staff did not have a list of the children being transported. Children are transported weekly, and no transportation roster was developed/current. 10A NCAC 09 .1003(l) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of ITERS and ECERS and begin training staff. There are several resources available on the NCRLAP website at www.NCRLAP.org. It was recommended to take advantage of the training available. 2. The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 3. Ms. Torrence was not asked to run the report because there have not been any staff changes since the last visit. 4. It was recommended to work on updating the center’s van transportation roster. The required paperwork was recommended to be maintained in a binder with tabs. A transportation roster must also be maintained at the center as well as in the binder. 5. It was recommended to document developmental observations on a child who is now three years of age. A three-year-old child must be certified by a physician to remain in a one/two-year-old classroom. 6. The grouping child care rule was emailed to Ms. Torrence. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, May 19, 2025. You may email me with your letter of correction. Mail documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1003 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2025 Number Present: 10 Completed Date: 5/5/2025 Age: From 1 To 5 Total Minutes: 280 Time In: 09:35 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. Upon arrival at the center, I was greeted outside by Ms. Jewel. She was outside with six preschool children drawing with chalk. Ms. Shannon was inside with four children ranging in age from one to three years of age. The three-year-old child was discussed regarding developmental delays and what kinds of documentation from the child’s parent/doctor would be warranted to continue grouping a three-year-old child with one- and two-year-old children. Child Care Rule .0713(a) (3 & 6) was reviewed with Ms. Torrence, operator and on-site administrator. The center maintained a five-star rated license and continued to meet enhanced ratios and space. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated November 2024 were used to document compliance. Spaces #1-5, kitchen, outdoor learning environment and van (PDM-1995) were monitored for compliance. The white walls, ceilings and floorboards in space #3 were monitored dirty and chipping paint throughout the ceiling. An internal gate was monitored in poor repair and made plastic bags accessible to children under age three. The plastic bags were removed. There was a floorboard in poor repair in space #3. There were two area rugs monitored stained. Children were monitored, engaged in free play, toileting routines, and eating lunch. Chicken nuggets, wheat bread, pineapples and broccoli were served with milk. Twenty-four children were monitored enrolled. Three children’s records were selected and monitored for compliance. One child was monitored allergic to penicillin. Ms. Torrence added the child to the center’s posted allergy list. Staff and Training worksheets were maintained in the child care binder presented. Ms. Torrence was reminded of her annual in-service training hours, which were due by May 25, 2025. Updates were made manually to update annual health questionnaires. Today, the posted lesson plans were monitored. In space #3 a daily schedule was not posted. Ms. Torrence obtained a daily schedule from space #2 (not in use) and posted it in space #3 during the visit. A child’s lesson plan assessment documentation was reviewed. The center’s EPR plan was monitored for compliance. The printed EPR plan was dated May 13, 2024, but when Ms. Torrence and I reviewed page #28 it did not list the last date of review of May 13, 2024. Ms. Torrence was asked to complete the annual review of the portal system and print page #28 to determine if the date is being tracked properly. Ms. Torrence was asked to communicate with me after her annual review of the portal system. Ms. Torrence stated no medications were maintained on site for children at this time related to allergies. Documentation for quarterly safety drills and monthly fire drills were monitored. Documented incidents were monitored logged onto the center’s incident log. The daily attendance with children’s arrival and departure times were monitored, documented and current for the week. The outdoor learning environment was monitored for compliance. Monthly inspections were conducted. The wooden ramp slats were monitored disconnected to the ramp with exposed hardware. Ms. Torrence is working with a repair man and plan of action. The children keep kicking the slats and disconnecting them. A black fence tarp will be installed after the repairs are made to the slats. The center’s fifteen (15) passenger van was monitored for compliance. There was not a transportation roster developed. The right front passenger mirror was monitored cracked throughout. The fire extinguisher was monitored and maintained in a box at the back of the van. The extinguisher must be mounted or secured. Proof of current insurance, inspection and registration were provided. The last sanitation inspection was conducted on November 12, 2024, (12) twelve demerits cited, and a Superior Classification issued. The last annual fire inspection was completed July 2024. The annual inspection report was completed on the City of Charlotte fire documentation and not on the DCDEE Fire Inspection report. Ms. Torrence and the licensing supervisor have attempted to obtain the report but have not been successful. The fire inspector was no longer employed, and an alternate fire inspector is now trying to help resolve the issue. Administrative Action Updates: The center was issued a written warning on December 23, 2025. All stipulations (1-5) were completed as required. Today, no new staff were hired to determine if the policies and procedures approved during the process were completed. Violation Number Comment Rule 603 All floors and floor coverings were not constructed of nonabsorbent material and/or were not kept clean and in good repair. A floorboard in space #3 was in poor repair. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The walls, windowsill and baseboards were monitored dirty in space #3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Several outdoor wooden ramp slats were monitored disconnected with exposed hardware in the children's path of travel to the outdoor play environment. G.S. 110-91(6); .0601(b) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. A fire extinguisher was monitored stored in a box in the back of the van. The extinguisher was not mounted or secured. 10A NCAC 09 .1003(c) 1123 All vehicles used to transport children were not free of hazards. The right front passenger mirror was monitored cracked throughout. 10A NCAC 09 .1002(a) 1127 For routine transport of children to and from the center, staff did not have a list of the children being transported. Children are transported weekly, and no transportation roster was developed/current. 10A NCAC 09 .1003(l) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of ITERS and ECERS and begin training staff. There are several resources available on the NCRLAP website at www.NCRLAP.org. It was recommended to take advantage of the training available. 2. The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 3. Ms. Torrence was not asked to run the report because there have not been any staff changes since the last visit. 4. It was recommended to work on updating the center’s van transportation roster. The required paperwork was recommended to be maintained in a binder with tabs. A transportation roster must also be maintained at the center as well as in the binder. 5. It was recommended to document developmental observations on a child who is now three years of age. A three-year-old child must be certified by a physician to remain in a one/two-year-old classroom. 6. The grouping child care rule was emailed to Ms. Torrence. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, May 19, 2025. You may email me with your letter of correction. Mail documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2025 Number Present: 10 Completed Date: 5/5/2025 Age: From 1 To 5 Total Minutes: 280 Time In: 09:35 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. Upon arrival at the center, I was greeted outside by Ms. Jewel. She was outside with six preschool children drawing with chalk. Ms. Shannon was inside with four children ranging in age from one to three years of age. The three-year-old child was discussed regarding developmental delays and what kinds of documentation from the child’s parent/doctor would be warranted to continue grouping a three-year-old child with one- and two-year-old children. Child Care Rule .0713(a) (3 & 6) was reviewed with Ms. Torrence, operator and on-site administrator. The center maintained a five-star rated license and continued to meet enhanced ratios and space. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated November 2024 were used to document compliance. Spaces #1-5, kitchen, outdoor learning environment and van (PDM-1995) were monitored for compliance. The white walls, ceilings and floorboards in space #3 were monitored dirty and chipping paint throughout the ceiling. An internal gate was monitored in poor repair and made plastic bags accessible to children under age three. The plastic bags were removed. There was a floorboard in poor repair in space #3. There were two area rugs monitored stained. Children were monitored, engaged in free play, toileting routines, and eating lunch. Chicken nuggets, wheat bread, pineapples and broccoli were served with milk. Twenty-four children were monitored enrolled. Three children’s records were selected and monitored for compliance. One child was monitored allergic to penicillin. Ms. Torrence added the child to the center’s posted allergy list. Staff and Training worksheets were maintained in the child care binder presented. Ms. Torrence was reminded of her annual in-service training hours, which were due by May 25, 2025. Updates were made manually to update annual health questionnaires. Today, the posted lesson plans were monitored. In space #3 a daily schedule was not posted. Ms. Torrence obtained a daily schedule from space #2 (not in use) and posted it in space #3 during the visit. A child’s lesson plan assessment documentation was reviewed. The center’s EPR plan was monitored for compliance. The printed EPR plan was dated May 13, 2024, but when Ms. Torrence and I reviewed page #28 it did not list the last date of review of May 13, 2024. Ms. Torrence was asked to complete the annual review of the portal system and print page #28 to determine if the date is being tracked properly. Ms. Torrence was asked to communicate with me after her annual review of the portal system. Ms. Torrence stated no medications were maintained on site for children at this time related to allergies. Documentation for quarterly safety drills and monthly fire drills were monitored. Documented incidents were monitored logged onto the center’s incident log. The daily attendance with children’s arrival and departure times were monitored, documented and current for the week. The outdoor learning environment was monitored for compliance. Monthly inspections were conducted. The wooden ramp slats were monitored disconnected to the ramp with exposed hardware. Ms. Torrence is working with a repair man and plan of action. The children keep kicking the slats and disconnecting them. A black fence tarp will be installed after the repairs are made to the slats. The center’s fifteen (15) passenger van was monitored for compliance. There was not a transportation roster developed. The right front passenger mirror was monitored cracked throughout. The fire extinguisher was monitored and maintained in a box at the back of the van. The extinguisher must be mounted or secured. Proof of current insurance, inspection and registration were provided. The last sanitation inspection was conducted on November 12, 2024, (12) twelve demerits cited, and a Superior Classification issued. The last annual fire inspection was completed July 2024. The annual inspection report was completed on the City of Charlotte fire documentation and not on the DCDEE Fire Inspection report. Ms. Torrence and the licensing supervisor have attempted to obtain the report but have not been successful. The fire inspector was no longer employed, and an alternate fire inspector is now trying to help resolve the issue. Administrative Action Updates: The center was issued a written warning on December 23, 2025. All stipulations (1-5) were completed as required. Today, no new staff were hired to determine if the policies and procedures approved during the process were completed. Violation Number Comment Rule 603 All floors and floor coverings were not constructed of nonabsorbent material and/or were not kept clean and in good repair. A floorboard in space #3 was in poor repair. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The walls, windowsill and baseboards were monitored dirty in space #3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Several outdoor wooden ramp slats were monitored disconnected with exposed hardware in the children's path of travel to the outdoor play environment. G.S. 110-91(6); .0601(b) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. A fire extinguisher was monitored stored in a box in the back of the van. The extinguisher was not mounted or secured. 10A NCAC 09 .1003(c) 1123 All vehicles used to transport children were not free of hazards. The right front passenger mirror was monitored cracked throughout. 10A NCAC 09 .1002(a) 1127 For routine transport of children to and from the center, staff did not have a list of the children being transported. Children are transported weekly, and no transportation roster was developed/current. 10A NCAC 09 .1003(l) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of ITERS and ECERS and begin training staff. There are several resources available on the NCRLAP website at www.NCRLAP.org. It was recommended to take advantage of the training available. 2. The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 3. Ms. Torrence was not asked to run the report because there have not been any staff changes since the last visit. 4. It was recommended to work on updating the center’s van transportation roster. The required paperwork was recommended to be maintained in a binder with tabs. A transportation roster must also be maintained at the center as well as in the binder. 5. It was recommended to document developmental observations on a child who is now three years of age. A three-year-old child must be certified by a physician to remain in a one/two-year-old classroom. 6. The grouping child care rule was emailed to Ms. Torrence. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, May 19, 2025. You may email me with your letter of correction. Mail documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 5/5/2025 Number Present: 10 Completed Date: 5/5/2025 Age: From 1 To 5 Total Minutes: 280 Time In: 09:35 AM Time Out: 02:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor compliance with applicable child care requirements during the Annual Compliance Visit. Upon arrival at the center, I was greeted outside by Ms. Jewel. She was outside with six preschool children drawing with chalk. Ms. Shannon was inside with four children ranging in age from one to three years of age. The three-year-old child was discussed regarding developmental delays and what kinds of documentation from the child’s parent/doctor would be warranted to continue grouping a three-year-old child with one- and two-year-old children. Child Care Rule .0713(a) (3 & 6) was reviewed with Ms. Torrence, operator and on-site administrator. The center maintained a five-star rated license and continued to meet enhanced ratios and space. The Annual Compliance Monitoring Checklist for Child Care Centers and the Child Care Item Number Listing dated November 2024 were used to document compliance. Spaces #1-5, kitchen, outdoor learning environment and van (PDM-1995) were monitored for compliance. The white walls, ceilings and floorboards in space #3 were monitored dirty and chipping paint throughout the ceiling. An internal gate was monitored in poor repair and made plastic bags accessible to children under age three. The plastic bags were removed. There was a floorboard in poor repair in space #3. There were two area rugs monitored stained. Children were monitored, engaged in free play, toileting routines, and eating lunch. Chicken nuggets, wheat bread, pineapples and broccoli were served with milk. Twenty-four children were monitored enrolled. Three children’s records were selected and monitored for compliance. One child was monitored allergic to penicillin. Ms. Torrence added the child to the center’s posted allergy list. Staff and Training worksheets were maintained in the child care binder presented. Ms. Torrence was reminded of her annual in-service training hours, which were due by May 25, 2025. Updates were made manually to update annual health questionnaires. Today, the posted lesson plans were monitored. In space #3 a daily schedule was not posted. Ms. Torrence obtained a daily schedule from space #2 (not in use) and posted it in space #3 during the visit. A child’s lesson plan assessment documentation was reviewed. The center’s EPR plan was monitored for compliance. The printed EPR plan was dated May 13, 2024, but when Ms. Torrence and I reviewed page #28 it did not list the last date of review of May 13, 2024. Ms. Torrence was asked to complete the annual review of the portal system and print page #28 to determine if the date is being tracked properly. Ms. Torrence was asked to communicate with me after her annual review of the portal system. Ms. Torrence stated no medications were maintained on site for children at this time related to allergies. Documentation for quarterly safety drills and monthly fire drills were monitored. Documented incidents were monitored logged onto the center’s incident log. The daily attendance with children’s arrival and departure times were monitored, documented and current for the week. The outdoor learning environment was monitored for compliance. Monthly inspections were conducted. The wooden ramp slats were monitored disconnected to the ramp with exposed hardware. Ms. Torrence is working with a repair man and plan of action. The children keep kicking the slats and disconnecting them. A black fence tarp will be installed after the repairs are made to the slats. The center’s fifteen (15) passenger van was monitored for compliance. There was not a transportation roster developed. The right front passenger mirror was monitored cracked throughout. The fire extinguisher was monitored and maintained in a box at the back of the van. The extinguisher must be mounted or secured. Proof of current insurance, inspection and registration were provided. The last sanitation inspection was conducted on November 12, 2024, (12) twelve demerits cited, and a Superior Classification issued. The last annual fire inspection was completed July 2024. The annual inspection report was completed on the City of Charlotte fire documentation and not on the DCDEE Fire Inspection report. Ms. Torrence and the licensing supervisor have attempted to obtain the report but have not been successful. The fire inspector was no longer employed, and an alternate fire inspector is now trying to help resolve the issue. Administrative Action Updates: The center was issued a written warning on December 23, 2025. All stipulations (1-5) were completed as required. Today, no new staff were hired to determine if the policies and procedures approved during the process were completed. Violation Number Comment Rule 603 All floors and floor coverings were not constructed of nonabsorbent material and/or were not kept clean and in good repair. A floorboard in space #3 was in poor repair. 15A NCAC 18A .2824(a)&(b) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The walls, windowsill and baseboards were monitored dirty in space #3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. Several outdoor wooden ramp slats were monitored disconnected with exposed hardware in the children's path of travel to the outdoor play environment. G.S. 110-91(6); .0601(b) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. A fire extinguisher was monitored stored in a box in the back of the van. The extinguisher was not mounted or secured. 10A NCAC 09 .1003(c) 1123 All vehicles used to transport children were not free of hazards. The right front passenger mirror was monitored cracked throughout. 10A NCAC 09 .1002(a) 1127 For routine transport of children to and from the center, staff did not have a list of the children being transported. Children are transported weekly, and no transportation roster was developed/current. 10A NCAC 09 .1003(l) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of ITERS and ECERS and begin training staff. There are several resources available on the NCRLAP website at www.NCRLAP.org. It was recommended to take advantage of the training available. 2. The center administrators have and know how to link employees and print the roster report from the ABCMS. The administrative staff are still working to link the staff applicants within the ABCMS. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 3. Ms. Torrence was not asked to run the report because there have not been any staff changes since the last visit. 4. It was recommended to work on updating the center’s van transportation roster. The required paperwork was recommended to be maintained in a binder with tabs. A transportation roster must also be maintained at the center as well as in the binder. 5. It was recommended to document developmental observations on a child who is now three years of age. A three-year-old child must be certified by a physician to remain in a one/two-year-old classroom. 6. The grouping child care rule was emailed to Ms. Torrence. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, May 19, 2025. You may email me with your letter of correction. Mail documentation to Mara Brinton, 3687 Stallings Road, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 2/4/2025 Number Present: 7 Completed Date: 2/4/2025 Age: From 1 To 4 Total Minutes: 180 Time In: 09:30 AM Time Out: 12:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance with applicable child care requirements during an Unannounced Follow Up Visit. Licensing Supervisor, Michele Sullivan accompanied me during the visit. Upon arrival at the center, Ms. Shannon answered the front door. The child care item number listing dated November 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen and outdoor area were monitored for compliance. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. The operator completed a staff and training worksheet. I also completed the staff and training worksheet electronically and emailed it to Ms. Torrence. There was a discrepancy in the annual in-service hours for Ms. Shannon for 2024. Her file and training log were monitored. Additional in-service hours were in her emails. Ms. Shannon will need to locate or obtain two more additional hours to meet the requirements for 2024. The last sanitation inspection was completed November 12, 2024, with twelve (12) demerits cited and a Superior classification issued. The last annual fire inspection was completed on July 9, 2024. It was recommended to begin your annual inspection process four to six weeks prior to expiration. Violation Number Comment Rule 303 Children were not adequately supervised at all times. A staff member came to answer the front door, and a child left the teacher and returned to the classroom with no adult present. .1801(a)(1-5) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 2. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 3. It was recommended to take the ABCMS’s training via the Moodle system. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. 4. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. An administrative action was issued December 23, 2024. Ms. Torrence indicated she was going to appeal. Today, we reviewed and explained the intent of a Written Warning and the standard process followed by DCDEE. After reviewing the corrective action components with Ms. Torrence, she stated she would like to rescind the action. We reviewed the contact information with the OAH to initiate the rescind the appeal. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Tuesday, February 18, 2024. You may email me with your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the vio If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0302 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 12/16/2024 Number Present: 12 Completed Date: 12/16/2024 Age: From 1 To 5 Total Minutes: 180 Time In: 09:45 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor for compliance with applicable child care requirements during an Unannounced Follow Up visit. I was greeted at the side entry door by Ms. Torrence with eight preschool children ranging in age from four years to pre-k five years old. The five-star licensed center continued to meet enhanced space, and enhanced ratios. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen and outdoor area were monitored for compliance. Ms. Torrence stated the last staff person hired resigned and she is in process of hiring another person. There are only two staff including Ms. Torrence. Ms. Tolbert stated she departs work at 4:00 pm. I expressed concern how compliance with maintaining staff to child ratios are maintained based on two staff and the daily closing time is 6:00 pm. Ms. Tolbert stated she doesn’t leave until Ms. Torrence is able to maintain compliance. It is unknown if compliance is being maintained due to irregular tracking of children’s arrival and departure times. Daily attendance and tracking of children’s arrival and departure times were monitored for compliance. Documentation was missing for last Thursday and Friday. Today’s daily attendance or arrival times were not documented. Children were brought to the hallway and given Legos to play with while Ms. Torrence completed lunch. A current menu was monitored posted. There was not a current SA lesson plan. Ms. Torrence was asked to separately post each applicable lesson plan for space #4. Due to staffing issues and Ms. Torrence’s inability to utilize a substitution company, Ms. Torrence continues to prepare lunch while children are seated on the floor in the hallway. Previous concerns were raised and discussed with Ms. Torrence about this practice. Children were monitored in the hallway for approximately twenty (20) minutes. During that time children were heard arguing. Ms. Torrence was heard interacting with the children while she prepared lunch. The keys to the adult bathroom and storage closet were maintained in the door instead of five feet vertical from the ground. The keys were removed, the door locked, and key hung on a hook outside of the kitchen. I asked Ms. Torrence for the center’s staff and training worksheets. She was unable to produce the worksheet. I explained it was in her best interest to ensure the worksheet is maintained current. The previous staff and training worksheet was monitored for compliance. Ms. Tolbert’s CPR and FA expired in November of 2024. Ms. Tolbert stated she renewed the training but has not received the verification card. Ms. Torrence stated they were waiting for the card. Ms. Tolbert should not be by herself with children by herself until the documentation is on file. Ms. Tolbert stated she obtained CPR and FA training on November 28, 2024. Ms. Tolbert was “enrolled in EDU 119 during summer session”. Ms. Torrence was asked if Ms. Tolbert had completed the course. Ms. Torrence stated she did not but was enrolled for spring 2025 session. Ms. Tolber was hired September 27, 2022. Ms. Tolber had two years to complete the required training. The center’s annual fire inspection is due no later than December 21, 2024. Ms. Torrence stated the inspector had inspected but no report was issued. I explained it was Ms. Torrence’s responsibility to plan with enough time for the inspector to complete their part and inspection report. It was recommended to begin the annual inspection process four to six weeks prior to expiration. The last sanitation inspection was completed November 12, 2024, with twelve (12) demerits cited and a Superior classification issued. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six weeks prior to expiration. Due to computer connectivity issues the visit summary could not be keyed properly in the regulatory system. The following violations were cited: Daily attendance, tracking of children’s arrival/departure times, keys/hazardous products accessible, CPR, FA, school age lesson plan, carpet in space #4/tripping hazard, failure to enroll and complete EDU 119 after two years in a lead teacher role. Violation Number Comment Rule 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. Children's arrival and departure times were not documented consistently. Last Thursday, Friday and today (Monday) were not documented. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. There were two loose carpets in space #4 potentially causing a tripping hazard for children and adults. .0601(c) 811 Potentially hazardous items including but not limited to power tools, nails, chemicals, propane stoves, lawn mowers, gasoline, or kerosene were not stored in locked areas, removed from the premises, or made inaccessible to children. The adult restroom was monitored with stored chemicals and the key left in the doorknob. The key was removed, door locked and key hung on a hook outside of the kitchen. .0604(a) 1020 All lead teachers did not have at least a NC Early Childhood Credential or its equivalent or were not enrolled within 6 months of hire, and/or did not complete the credential or it's equivalency within 2 years. A lead teacher was hired September 27, 2022, and did not obtain the credential or its equivalency within 2 years. GS 110-91(8) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. A staff person's FA expired 11/2024. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. A staff person's CPR expired 11/2024. .1102(d) 1301 Center did not maintain a record of daily attendance. Daily attendance was not documented for thus far in December. GS 110-91(9) Technical Assistance Provided and General Discussion: 1. Concerns were raised regarding the cleanliness of the facility. Visible dirt stains on walls, and floorboards. Cracks in the laminate flooring were also observed. Plans should be developed to clean the center walls, floorboards and make repairs to the flooring. 2. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 3. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 4. Ms. Torrence stated taking the ABCMS training and obtaining the certificate but has not verified her facility roster. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. We discussed not being able to print the center roster from the ABCMS. Ms. Torrence must be able to link and print a current roster at the next visit or a violation will be cited. 6. 10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: (7) when only one caregiver is required to meet the staff/child ratio and no children under two years of age are in care, that caregiver may concurrently perform food preparation or other duties such as cleaning, activity planning and set up, or communication with families, that are not direct child care responsibilities as long as supervision of the children as specified in 10A NCAC 09 .1801 is maintained; (8) except as provided in Subparagraph (7) of this Paragraph, staff members and child care administrators who are counted in meeting the staff/child ratios as stated in this Rule shall not concurrently perform food preparation or other duties that are not direct child care responsibilities. 7. The facility has not had the water evaluated for lead but stated just receiving the water sample kit to submit the water sample. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 30, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0713 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 12/16/2024 Number Present: 12 Completed Date: 12/16/2024 Age: From 1 To 5 Total Minutes: 180 Time In: 09:45 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor for compliance with applicable child care requirements during an Unannounced Follow Up visit. I was greeted at the side entry door by Ms. Torrence with eight preschool children ranging in age from four years to pre-k five years old. The five-star licensed center continued to meet enhanced space, and enhanced ratios. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen and outdoor area were monitored for compliance. Ms. Torrence stated the last staff person hired resigned and she is in process of hiring another person. There are only two staff including Ms. Torrence. Ms. Tolbert stated she departs work at 4:00 pm. I expressed concern how compliance with maintaining staff to child ratios are maintained based on two staff and the daily closing time is 6:00 pm. Ms. Tolbert stated she doesn’t leave until Ms. Torrence is able to maintain compliance. It is unknown if compliance is being maintained due to irregular tracking of children’s arrival and departure times. Daily attendance and tracking of children’s arrival and departure times were monitored for compliance. Documentation was missing for last Thursday and Friday. Today’s daily attendance or arrival times were not documented. Children were brought to the hallway and given Legos to play with while Ms. Torrence completed lunch. A current menu was monitored posted. There was not a current SA lesson plan. Ms. Torrence was asked to separately post each applicable lesson plan for space #4. Due to staffing issues and Ms. Torrence’s inability to utilize a substitution company, Ms. Torrence continues to prepare lunch while children are seated on the floor in the hallway. Previous concerns were raised and discussed with Ms. Torrence about this practice. Children were monitored in the hallway for approximately twenty (20) minutes. During that time children were heard arguing. Ms. Torrence was heard interacting with the children while she prepared lunch. The keys to the adult bathroom and storage closet were maintained in the door instead of five feet vertical from the ground. The keys were removed, the door locked, and key hung on a hook outside of the kitchen. I asked Ms. Torrence for the center’s staff and training worksheets. She was unable to produce the worksheet. I explained it was in her best interest to ensure the worksheet is maintained current. The previous staff and training worksheet was monitored for compliance. Ms. Tolbert’s CPR and FA expired in November of 2024. Ms. Tolbert stated she renewed the training but has not received the verification card. Ms. Torrence stated they were waiting for the card. Ms. Tolbert should not be by herself with children by herself until the documentation is on file. Ms. Tolbert stated she obtained CPR and FA training on November 28, 2024. Ms. Tolbert was “enrolled in EDU 119 during summer session”. Ms. Torrence was asked if Ms. Tolbert had completed the course. Ms. Torrence stated she did not but was enrolled for spring 2025 session. Ms. Tolber was hired September 27, 2022. Ms. Tolber had two years to complete the required training. The center’s annual fire inspection is due no later than December 21, 2024. Ms. Torrence stated the inspector had inspected but no report was issued. I explained it was Ms. Torrence’s responsibility to plan with enough time for the inspector to complete their part and inspection report. It was recommended to begin the annual inspection process four to six weeks prior to expiration. The last sanitation inspection was completed November 12, 2024, with twelve (12) demerits cited and a Superior classification issued. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six weeks prior to expiration. Due to computer connectivity issues the visit summary could not be keyed properly in the regulatory system. The following violations were cited: Daily attendance, tracking of children’s arrival/departure times, keys/hazardous products accessible, CPR, FA, school age lesson plan, carpet in space #4/tripping hazard, failure to enroll and complete EDU 119 after two years in a lead teacher role. Violation Number Comment Rule 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. Children's arrival and departure times were not documented consistently. Last Thursday, Friday and today (Monday) were not documented. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. There were two loose carpets in space #4 potentially causing a tripping hazard for children and adults. .0601(c) 811 Potentially hazardous items including but not limited to power tools, nails, chemicals, propane stoves, lawn mowers, gasoline, or kerosene were not stored in locked areas, removed from the premises, or made inaccessible to children. The adult restroom was monitored with stored chemicals and the key left in the doorknob. The key was removed, door locked and key hung on a hook outside of the kitchen. .0604(a) 1020 All lead teachers did not have at least a NC Early Childhood Credential or its equivalent or were not enrolled within 6 months of hire, and/or did not complete the credential or it's equivalency within 2 years. A lead teacher was hired September 27, 2022, and did not obtain the credential or its equivalency within 2 years. GS 110-91(8) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. A staff person's FA expired 11/2024. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. A staff person's CPR expired 11/2024. .1102(d) 1301 Center did not maintain a record of daily attendance. Daily attendance was not documented for thus far in December. GS 110-91(9) Technical Assistance Provided and General Discussion: 1. Concerns were raised regarding the cleanliness of the facility. Visible dirt stains on walls, and floorboards. Cracks in the laminate flooring were also observed. Plans should be developed to clean the center walls, floorboards and make repairs to the flooring. 2. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 3. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 4. Ms. Torrence stated taking the ABCMS training and obtaining the certificate but has not verified her facility roster. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. We discussed not being able to print the center roster from the ABCMS. Ms. Torrence must be able to link and print a current roster at the next visit or a violation will be cited. 6. 10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: (7) when only one caregiver is required to meet the staff/child ratio and no children under two years of age are in care, that caregiver may concurrently perform food preparation or other duties such as cleaning, activity planning and set up, or communication with families, that are not direct child care responsibilities as long as supervision of the children as specified in 10A NCAC 09 .1801 is maintained; (8) except as provided in Subparagraph (7) of this Paragraph, staff members and child care administrators who are counted in meeting the staff/child ratios as stated in this Rule shall not concurrently perform food preparation or other duties that are not direct child care responsibilities. 7. The facility has not had the water evaluated for lead but stated just receiving the water sample kit to submit the water sample. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 30, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1801 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 12/16/2024 Number Present: 12 Completed Date: 12/16/2024 Age: From 1 To 5 Total Minutes: 180 Time In: 09:45 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor for compliance with applicable child care requirements during an Unannounced Follow Up visit. I was greeted at the side entry door by Ms. Torrence with eight preschool children ranging in age from four years to pre-k five years old. The five-star licensed center continued to meet enhanced space, and enhanced ratios. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen and outdoor area were monitored for compliance. Ms. Torrence stated the last staff person hired resigned and she is in process of hiring another person. There are only two staff including Ms. Torrence. Ms. Tolbert stated she departs work at 4:00 pm. I expressed concern how compliance with maintaining staff to child ratios are maintained based on two staff and the daily closing time is 6:00 pm. Ms. Tolbert stated she doesn’t leave until Ms. Torrence is able to maintain compliance. It is unknown if compliance is being maintained due to irregular tracking of children’s arrival and departure times. Daily attendance and tracking of children’s arrival and departure times were monitored for compliance. Documentation was missing for last Thursday and Friday. Today’s daily attendance or arrival times were not documented. Children were brought to the hallway and given Legos to play with while Ms. Torrence completed lunch. A current menu was monitored posted. There was not a current SA lesson plan. Ms. Torrence was asked to separately post each applicable lesson plan for space #4. Due to staffing issues and Ms. Torrence’s inability to utilize a substitution company, Ms. Torrence continues to prepare lunch while children are seated on the floor in the hallway. Previous concerns were raised and discussed with Ms. Torrence about this practice. Children were monitored in the hallway for approximately twenty (20) minutes. During that time children were heard arguing. Ms. Torrence was heard interacting with the children while she prepared lunch. The keys to the adult bathroom and storage closet were maintained in the door instead of five feet vertical from the ground. The keys were removed, the door locked, and key hung on a hook outside of the kitchen. I asked Ms. Torrence for the center’s staff and training worksheets. She was unable to produce the worksheet. I explained it was in her best interest to ensure the worksheet is maintained current. The previous staff and training worksheet was monitored for compliance. Ms. Tolbert’s CPR and FA expired in November of 2024. Ms. Tolbert stated she renewed the training but has not received the verification card. Ms. Torrence stated they were waiting for the card. Ms. Tolbert should not be by herself with children by herself until the documentation is on file. Ms. Tolbert stated she obtained CPR and FA training on November 28, 2024. Ms. Tolbert was “enrolled in EDU 119 during summer session”. Ms. Torrence was asked if Ms. Tolbert had completed the course. Ms. Torrence stated she did not but was enrolled for spring 2025 session. Ms. Tolber was hired September 27, 2022. Ms. Tolber had two years to complete the required training. The center’s annual fire inspection is due no later than December 21, 2024. Ms. Torrence stated the inspector had inspected but no report was issued. I explained it was Ms. Torrence’s responsibility to plan with enough time for the inspector to complete their part and inspection report. It was recommended to begin the annual inspection process four to six weeks prior to expiration. The last sanitation inspection was completed November 12, 2024, with twelve (12) demerits cited and a Superior classification issued. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six weeks prior to expiration. Due to computer connectivity issues the visit summary could not be keyed properly in the regulatory system. The following violations were cited: Daily attendance, tracking of children’s arrival/departure times, keys/hazardous products accessible, CPR, FA, school age lesson plan, carpet in space #4/tripping hazard, failure to enroll and complete EDU 119 after two years in a lead teacher role. Violation Number Comment Rule 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. Children's arrival and departure times were not documented consistently. Last Thursday, Friday and today (Monday) were not documented. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. There were two loose carpets in space #4 potentially causing a tripping hazard for children and adults. .0601(c) 811 Potentially hazardous items including but not limited to power tools, nails, chemicals, propane stoves, lawn mowers, gasoline, or kerosene were not stored in locked areas, removed from the premises, or made inaccessible to children. The adult restroom was monitored with stored chemicals and the key left in the doorknob. The key was removed, door locked and key hung on a hook outside of the kitchen. .0604(a) 1020 All lead teachers did not have at least a NC Early Childhood Credential or its equivalent or were not enrolled within 6 months of hire, and/or did not complete the credential or it's equivalency within 2 years. A lead teacher was hired September 27, 2022, and did not obtain the credential or its equivalency within 2 years. GS 110-91(8) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. A staff person's FA expired 11/2024. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. A staff person's CPR expired 11/2024. .1102(d) 1301 Center did not maintain a record of daily attendance. Daily attendance was not documented for thus far in December. GS 110-91(9) Technical Assistance Provided and General Discussion: 1. Concerns were raised regarding the cleanliness of the facility. Visible dirt stains on walls, and floorboards. Cracks in the laminate flooring were also observed. Plans should be developed to clean the center walls, floorboards and make repairs to the flooring. 2. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 3. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 4. Ms. Torrence stated taking the ABCMS training and obtaining the certificate but has not verified her facility roster. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. We discussed not being able to print the center roster from the ABCMS. Ms. Torrence must be able to link and print a current roster at the next visit or a violation will be cited. 6. 10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: (7) when only one caregiver is required to meet the staff/child ratio and no children under two years of age are in care, that caregiver may concurrently perform food preparation or other duties such as cleaning, activity planning and set up, or communication with families, that are not direct child care responsibilities as long as supervision of the children as specified in 10A NCAC 09 .1801 is maintained; (8) except as provided in Subparagraph (7) of this Paragraph, staff members and child care administrators who are counted in meeting the staff/child ratios as stated in this Rule shall not concurrently perform food preparation or other duties that are not direct child care responsibilities. 7. The facility has not had the water evaluated for lead but stated just receiving the water sample kit to submit the water sample. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 30, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
GS 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 12/16/2024 Number Present: 12 Completed Date: 12/16/2024 Age: From 1 To 5 Total Minutes: 180 Time In: 09:45 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor for compliance with applicable child care requirements during an Unannounced Follow Up visit. I was greeted at the side entry door by Ms. Torrence with eight preschool children ranging in age from four years to pre-k five years old. The five-star licensed center continued to meet enhanced space, and enhanced ratios. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen and outdoor area were monitored for compliance. Ms. Torrence stated the last staff person hired resigned and she is in process of hiring another person. There are only two staff including Ms. Torrence. Ms. Tolbert stated she departs work at 4:00 pm. I expressed concern how compliance with maintaining staff to child ratios are maintained based on two staff and the daily closing time is 6:00 pm. Ms. Tolbert stated she doesn’t leave until Ms. Torrence is able to maintain compliance. It is unknown if compliance is being maintained due to irregular tracking of children’s arrival and departure times. Daily attendance and tracking of children’s arrival and departure times were monitored for compliance. Documentation was missing for last Thursday and Friday. Today’s daily attendance or arrival times were not documented. Children were brought to the hallway and given Legos to play with while Ms. Torrence completed lunch. A current menu was monitored posted. There was not a current SA lesson plan. Ms. Torrence was asked to separately post each applicable lesson plan for space #4. Due to staffing issues and Ms. Torrence’s inability to utilize a substitution company, Ms. Torrence continues to prepare lunch while children are seated on the floor in the hallway. Previous concerns were raised and discussed with Ms. Torrence about this practice. Children were monitored in the hallway for approximately twenty (20) minutes. During that time children were heard arguing. Ms. Torrence was heard interacting with the children while she prepared lunch. The keys to the adult bathroom and storage closet were maintained in the door instead of five feet vertical from the ground. The keys were removed, the door locked, and key hung on a hook outside of the kitchen. I asked Ms. Torrence for the center’s staff and training worksheets. She was unable to produce the worksheet. I explained it was in her best interest to ensure the worksheet is maintained current. The previous staff and training worksheet was monitored for compliance. Ms. Tolbert’s CPR and FA expired in November of 2024. Ms. Tolbert stated she renewed the training but has not received the verification card. Ms. Torrence stated they were waiting for the card. Ms. Tolbert should not be by herself with children by herself until the documentation is on file. Ms. Tolbert stated she obtained CPR and FA training on November 28, 2024. Ms. Tolbert was “enrolled in EDU 119 during summer session”. Ms. Torrence was asked if Ms. Tolbert had completed the course. Ms. Torrence stated she did not but was enrolled for spring 2025 session. Ms. Tolber was hired September 27, 2022. Ms. Tolber had two years to complete the required training. The center’s annual fire inspection is due no later than December 21, 2024. Ms. Torrence stated the inspector had inspected but no report was issued. I explained it was Ms. Torrence’s responsibility to plan with enough time for the inspector to complete their part and inspection report. It was recommended to begin the annual inspection process four to six weeks prior to expiration. The last sanitation inspection was completed November 12, 2024, with twelve (12) demerits cited and a Superior classification issued. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six weeks prior to expiration. Due to computer connectivity issues the visit summary could not be keyed properly in the regulatory system. The following violations were cited: Daily attendance, tracking of children’s arrival/departure times, keys/hazardous products accessible, CPR, FA, school age lesson plan, carpet in space #4/tripping hazard, failure to enroll and complete EDU 119 after two years in a lead teacher role. Violation Number Comment Rule 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. Children's arrival and departure times were not documented consistently. Last Thursday, Friday and today (Monday) were not documented. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. There were two loose carpets in space #4 potentially causing a tripping hazard for children and adults. .0601(c) 811 Potentially hazardous items including but not limited to power tools, nails, chemicals, propane stoves, lawn mowers, gasoline, or kerosene were not stored in locked areas, removed from the premises, or made inaccessible to children. The adult restroom was monitored with stored chemicals and the key left in the doorknob. The key was removed, door locked and key hung on a hook outside of the kitchen. .0604(a) 1020 All lead teachers did not have at least a NC Early Childhood Credential or its equivalent or were not enrolled within 6 months of hire, and/or did not complete the credential or it's equivalency within 2 years. A lead teacher was hired September 27, 2022, and did not obtain the credential or its equivalency within 2 years. GS 110-91(8) 1048 All staff did not successfully complete certification in First Aid appropriate to the age of children in care. Verification of staff completion of First Aid training from an approved training organization was not in the staff file. A staff person's FA expired 11/2024. .1102(c) 1049 All staff did not successfully complete certification in CPR training appropriate to the age of the children in care. Verification of staff completion of the CPR course from an approved training organization was not in the staff file. A staff person's CPR expired 11/2024. .1102(d) 1301 Center did not maintain a record of daily attendance. Daily attendance was not documented for thus far in December. GS 110-91(9) Technical Assistance Provided and General Discussion: 1. Concerns were raised regarding the cleanliness of the facility. Visible dirt stains on walls, and floorboards. Cracks in the laminate flooring were also observed. Plans should be developed to clean the center walls, floorboards and make repairs to the flooring. 2. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 3. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 4. Ms. Torrence stated taking the ABCMS training and obtaining the certificate but has not verified her facility roster. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. We discussed not being able to print the center roster from the ABCMS. Ms. Torrence must be able to link and print a current roster at the next visit or a violation will be cited. 6. 10A NCAC 09 .0713 STAFF/CHILD RATIOS FOR CENTERS The staff/child ratios and group sizes for single-age groups of children in centers shall be as follows: (7) when only one caregiver is required to meet the staff/child ratio and no children under two years of age are in care, that caregiver may concurrently perform food preparation or other duties such as cleaning, activity planning and set up, or communication with families, that are not direct child care responsibilities as long as supervision of the children as specified in 10A NCAC 09 .1801 is maintained; (8) except as provided in Subparagraph (7) of this Paragraph, staff members and child care administrators who are counted in meeting the staff/child ratios as stated in this Rule shall not concurrently perform food preparation or other duties that are not direct child care responsibilities. 7. The facility has not had the water evaluated for lead but stated just receiving the water sample kit to submit the water sample. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, December 30, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 11/4/2024 Number Present: 14 Completed Date: 11/6/2024 Age: From 0 To 10 Total Minutes: 135 Time In: 10:30 AM Time Out: 12:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Unannounced Visit Follow-Up Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to monitor for compliance with applicable child care requirements during an Unannounced Follow Up visit. Upon arrival to the center, Ms. Torrence, the operator, answered the door with eight children, ranging in age from four years to ten years of age. Three spaces (#2, #3, and #4) were in use with use with qualified staff. A Routine Unannounced visit was completed October 23, 2024. Seventeen violations were cited. Ms. Torrence submitted a written letter of correction on October 30, 2024. Today’s visit was to monitor correction of each cited violation. Due to connectivity issues a final visit summary will be completed and emailed within the next 24 hours. A walk through was conducted and applicable paperwork was monitored. The following violations were not corrected: The operator will have until November 6, 2024, to comply: 1052-one staff person did not obtain 14 hours of past due annual in-service training hours. 1823-The EPR/Ready to Go File is not current. Children’s emergency contact and applications are still being added to the file. The following violations were monitored corrected and current: 1035, 1041, 1757, 1811, 1896, 544, 853, 892, 1032, 1033, 1034, 1756. The unqualified staff person, Ms. Brown received her qualification the next day after the visit, October 24, 2024. However, as of October 29, 2024, S. Tolbert’s existing staff member’s DCDEE CBC qualification expired. Ms. Brown’s first two weeks of orientation were not documented. The following violations were cited today: 1044, 1757, 1067. Violation Number Comment Rule 1044 Prior to the expiration date of the qualification letter, the child care provider did not complete and submit required forms to complete a criminal background check (a qualification letter is valid for a maximum of five years for the date of issuance). An existing staff member's DCDEE CBC expired October 29, 2024. G.S. 110-90.2(b) & .2703(n)&(o) 1067 Each new employee did not complete, within the first two weeks of employment, six clock hours of training in required topic areas. A new employee did not have the first two weeks of orientation documented. .1101(a)(b) 1757 A valid qualification letter was not on file and available to review at the facility. A valid DCDEE CDC qualification letter was not on file for one existing staff whose CBC qualification expired October 29, 2024. G.S. 110-90.2(b) & (d) & .2703(e) Technical Assistance and General Discussion: 1. We discussed prioritizing correction of the remaining open violations and then working to correct the three violations cited today. 2. It was highly recommended to work on completing the staff and training worksheets electronically to assist Ms. Torrence with monitoring staff requirements and expiration dates. 3. We discussed utilizing a substitution company until additional hires are completed. We discussed concerns of bringing children out of their classrooms to answer the door and to the hallway outside of the kitchen, while each staff person serves lunch plates. 4. It was emphasized to get existing staff crossed trained on playground safety training and ITS-SIDS training. 5. Required ratios and group requirements were monitored in compliance with child care requirements. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Monday, November 18, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: ratio. Open / not marked corrected.
10A NCAC 09 .0601 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 10/23/2024 Number Present: 13 Completed Date: 10/23/2024 Age: From 0 To 4 Total Minutes: 330 Time In: 09:45 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. Upon arrival at the five-star rated licensed center, the center’s staff member, Ms. Shannon, answered the front door with seven (7) children accompanying her. The operator was contacted and informed of the visit and arrived on site approximately fifteen (15) minutes after the visit begun. There was an unqualified staff person, Ms. Danielle Brown present in space #2 with two infants and 2-two-year-old children. The DCDEE ABCMS was verified to determine that Ms. Brown was not qualified. Ms. Brown did not have ITS-SIDS training, DCDEE CBC qualification or letter on file, TB test or screening, or DCDEE staff medical report. Time was spent with Ms. Torrence to help figure out how the facility could get back into compliance. The 2-two-year-old children were transitioned to space #4 prior to Ms. Torrence’s arrival. Upon arrival to space #2 an infant was observed sleeping in an infant swing. I informed the unqualified caregiver that the infant needed to be transitioned to their assigned crib. The caregiver stated she was feeding another child, and the infant had just fallen asleep. The caregiver picked up the infant and placed the sleeping infant in the appropriate infant crib with a bib on and pacifier attached to the bib. I informed the caregiver; nothing should be around the infant’s neck. The unqualified staff member had a tablet with a child’s program on and propped up on the floor so the four (4) children present under the age of three (3) could see the program. A space heater was observed on a low shelf in space #2, not plugged in or on. I expressed concern for the room temperature but was unable to determine the actual room temperature. I reminded the staff the room temperature could not exceed 75f. Ms. Torrence removed the space heater from space #2 and placed it in the other building next door. It was recommended to get a room thermometer solely for use in space #2/infant room. Ms. Torrence arrived shortly after the two children were transitioned to space#4 to aid with required child care groupings of children and required ratios. While speaking to Ms. Torrence, another two children arrived for care (ages two and four). Two substitute companies contact information was given to Ms. Torrence to initiate contact. It was explained if the required staff are not present, children would need to go home or not attend for the day. A call was made to the licensing supervisor, Michele Sullivan, to discuss the difficulty of trying to assist Ms. Torrence with maintaining compliance with required ratios after the additional children arrived. Ms. Torrence was asked to contact parents for pick up as soon as possible and to address any school age children who were due to arrive for afternoon care. Ms. Brown left the facility with her preschool child and Ms. Torrence went into space #2 with the two infants and the youngest two-year-old child present, until one additional child could be picked up and the two-year-old child could be transitioned to space #4. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen (door was unlocked) and outdoor area were monitored for compliance. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. The outdoor inspection for September was completed by a staff member who did not obtain playground safety training. The last noted safety drill was March 28, 2024. There was a completed incident report dated August 21, 2024. The completed report was located on a table in the entrance area of the center, not filed in the applicable child’s file or logged onto the center’s incident log. The posted menu in the hallway was dated November 2023. Ms. Torrence took it down and replaced it with the correct menu dated October 2024. The center’s printed EPR plan was current but the required Ready to Go File was not current. There were thirty (30) children enrolled, and ten (10) children’s applications/emergency contacts maintained in the file. There was not any information regarding children’s special diets or medications. It was recommended to utilize the DCDEE Ready to Go File Checklist. The previous staff and training worksheet was monitored for compliance. One existing staff member was past due to obtain fourteen annual in-service training hours. The same staff member did not have a current annual health questionnaire or emergency contact information on file. The last sanitation inspection was completed May 17, 2024, with ten (10) demerits cited and a Superior classification issued. The center’s water has not been evaluated for lead. It was recommended to contact the center’s EH inspector for further guidance and support. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six (6) weeks prior to expiration. Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was dated November 2023. The operator updated the menu upon her arrival to the center. 10A NCAC 09 .0901(b) 544 Screen time was offered to children under three years of age. One infant and two children two years of age were offered a tablet with children's programming in space #2. The program was on and placed at eye level of the children. .0510(f) 807 A safe indoor and outdoor environment was not provided for the children. A space heater was monitored maintained in the infant room/space #2. The heater was removed from the space by the operator during the visit and placed next door. The kitchen door was monitored unlocked. 10A NCAC 09 .0601(a) 853 Incident logs were not completed and maintained as required. A completed incident report was dated August 21, 2024, was not filed in the applicable child's file or logged onto the center's incident log. .0802(g)(1-6) 892 The center's safe sleep policy was not posted in a prominent place in the infant room where parents and caregivers were able to view daily. There was a center ITS-SIDS policy posted in space #2. The safe sleep policy was not followed by the unqualified staff person. An infant was observed sleeping in an infant swing upon arrival to space #2. Once notified that the infant was required to be placed in an appropriate sleeping device, the staff member placed the infant on their back in their assigned crib, with a bib on and pacifier attached. .0606(b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. A staff person was hired and permitted to begin working without a DCDEE staff medical report. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. A staff person was permitted to begin working without negative TB results or screening. .0701(a) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One existing staff member did not have a current annual HQ on file. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One existing staff member did not have a current annual emergency contact information on file. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. An unqualified staff person was present and working in space #2 without a DCDEE qualification. The staff person was required to leave the premises during the visit. G.S. 110-90.2(b) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. One existing staff member was due to obtain fourteen (14) by September 27, 2024, and did not. .1103(a) 1756 Enhanced staff/child ratios and group sizes were not met. An unqualified caregiver was present with four children; two children were infants, and 2 children were two years of age. The two-year-old children were regrouped with preschool children in space #4 until the operator arrived. 10A NCAC 09 .2818 1757 A valid qualification letter was not on file and available to review at the facility. A staff person was working on site without a DCDEE CBC qualifying letter. G.S. 110-90.2(b) & (d) & .2703(e) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented safety drill was March 28, 2024. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The EPR/Ready to Go File was incomplete. There are thirty (30) children enrolled and only ten (10) children's emergency contact information was on file. An area map was not maintained in the file. .0607(d)(10) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. A staff person was monitored working in the infant room/space #2 with two infants present without completing ITS-SIDS training. The staff person was removed from the classroom during the visit. .01102 (f) 1896 At least one staff member counted to comply with the rule did not complete the training in playground safety within six months of employment date. A staff person without playground safety training completed a monthly outdoor inspection and report. .1102(e ) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 2. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 3. It was recommended to communicate with existing families and require a backup child care plan because if there are not adequate staff present to maintain the required staff to child ratios or groupings of children, children should not be permitted to attend the center for the day. 4. It was recommended to take the ABCMS’s training via the Moodle system. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. The facility has not had the water evaluated for lead. It was noted in the last EH inspection report the link was provided. Ms. Torrence stated she went to the website but had not heard back from them. The expectation is that the water must be evaluated. If Ms. Torrence needs assistance, please contact your EH inspector, Mr. Jamil Blackmon. He may be reached at Jamil.Blackmon@mecklenburgcountync.gov Based on the number of cited violations a proposed administrative action will be submitted. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Wednesday, November 6, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0701 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 10/23/2024 Number Present: 13 Completed Date: 10/23/2024 Age: From 0 To 4 Total Minutes: 330 Time In: 09:45 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. Upon arrival at the five-star rated licensed center, the center’s staff member, Ms. Shannon, answered the front door with seven (7) children accompanying her. The operator was contacted and informed of the visit and arrived on site approximately fifteen (15) minutes after the visit begun. There was an unqualified staff person, Ms. Danielle Brown present in space #2 with two infants and 2-two-year-old children. The DCDEE ABCMS was verified to determine that Ms. Brown was not qualified. Ms. Brown did not have ITS-SIDS training, DCDEE CBC qualification or letter on file, TB test or screening, or DCDEE staff medical report. Time was spent with Ms. Torrence to help figure out how the facility could get back into compliance. The 2-two-year-old children were transitioned to space #4 prior to Ms. Torrence’s arrival. Upon arrival to space #2 an infant was observed sleeping in an infant swing. I informed the unqualified caregiver that the infant needed to be transitioned to their assigned crib. The caregiver stated she was feeding another child, and the infant had just fallen asleep. The caregiver picked up the infant and placed the sleeping infant in the appropriate infant crib with a bib on and pacifier attached to the bib. I informed the caregiver; nothing should be around the infant’s neck. The unqualified staff member had a tablet with a child’s program on and propped up on the floor so the four (4) children present under the age of three (3) could see the program. A space heater was observed on a low shelf in space #2, not plugged in or on. I expressed concern for the room temperature but was unable to determine the actual room temperature. I reminded the staff the room temperature could not exceed 75f. Ms. Torrence removed the space heater from space #2 and placed it in the other building next door. It was recommended to get a room thermometer solely for use in space #2/infant room. Ms. Torrence arrived shortly after the two children were transitioned to space#4 to aid with required child care groupings of children and required ratios. While speaking to Ms. Torrence, another two children arrived for care (ages two and four). Two substitute companies contact information was given to Ms. Torrence to initiate contact. It was explained if the required staff are not present, children would need to go home or not attend for the day. A call was made to the licensing supervisor, Michele Sullivan, to discuss the difficulty of trying to assist Ms. Torrence with maintaining compliance with required ratios after the additional children arrived. Ms. Torrence was asked to contact parents for pick up as soon as possible and to address any school age children who were due to arrive for afternoon care. Ms. Brown left the facility with her preschool child and Ms. Torrence went into space #2 with the two infants and the youngest two-year-old child present, until one additional child could be picked up and the two-year-old child could be transitioned to space #4. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen (door was unlocked) and outdoor area were monitored for compliance. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. The outdoor inspection for September was completed by a staff member who did not obtain playground safety training. The last noted safety drill was March 28, 2024. There was a completed incident report dated August 21, 2024. The completed report was located on a table in the entrance area of the center, not filed in the applicable child’s file or logged onto the center’s incident log. The posted menu in the hallway was dated November 2023. Ms. Torrence took it down and replaced it with the correct menu dated October 2024. The center’s printed EPR plan was current but the required Ready to Go File was not current. There were thirty (30) children enrolled, and ten (10) children’s applications/emergency contacts maintained in the file. There was not any information regarding children’s special diets or medications. It was recommended to utilize the DCDEE Ready to Go File Checklist. The previous staff and training worksheet was monitored for compliance. One existing staff member was past due to obtain fourteen annual in-service training hours. The same staff member did not have a current annual health questionnaire or emergency contact information on file. The last sanitation inspection was completed May 17, 2024, with ten (10) demerits cited and a Superior classification issued. The center’s water has not been evaluated for lead. It was recommended to contact the center’s EH inspector for further guidance and support. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six (6) weeks prior to expiration. Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was dated November 2023. The operator updated the menu upon her arrival to the center. 10A NCAC 09 .0901(b) 544 Screen time was offered to children under three years of age. One infant and two children two years of age were offered a tablet with children's programming in space #2. The program was on and placed at eye level of the children. .0510(f) 807 A safe indoor and outdoor environment was not provided for the children. A space heater was monitored maintained in the infant room/space #2. The heater was removed from the space by the operator during the visit and placed next door. The kitchen door was monitored unlocked. 10A NCAC 09 .0601(a) 853 Incident logs were not completed and maintained as required. A completed incident report was dated August 21, 2024, was not filed in the applicable child's file or logged onto the center's incident log. .0802(g)(1-6) 892 The center's safe sleep policy was not posted in a prominent place in the infant room where parents and caregivers were able to view daily. There was a center ITS-SIDS policy posted in space #2. The safe sleep policy was not followed by the unqualified staff person. An infant was observed sleeping in an infant swing upon arrival to space #2. Once notified that the infant was required to be placed in an appropriate sleeping device, the staff member placed the infant on their back in their assigned crib, with a bib on and pacifier attached. .0606(b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. A staff person was hired and permitted to begin working without a DCDEE staff medical report. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. A staff person was permitted to begin working without negative TB results or screening. .0701(a) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One existing staff member did not have a current annual HQ on file. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One existing staff member did not have a current annual emergency contact information on file. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. An unqualified staff person was present and working in space #2 without a DCDEE qualification. The staff person was required to leave the premises during the visit. G.S. 110-90.2(b) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. One existing staff member was due to obtain fourteen (14) by September 27, 2024, and did not. .1103(a) 1756 Enhanced staff/child ratios and group sizes were not met. An unqualified caregiver was present with four children; two children were infants, and 2 children were two years of age. The two-year-old children were regrouped with preschool children in space #4 until the operator arrived. 10A NCAC 09 .2818 1757 A valid qualification letter was not on file and available to review at the facility. A staff person was working on site without a DCDEE CBC qualifying letter. G.S. 110-90.2(b) & (d) & .2703(e) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented safety drill was March 28, 2024. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The EPR/Ready to Go File was incomplete. There are thirty (30) children enrolled and only ten (10) children's emergency contact information was on file. An area map was not maintained in the file. .0607(d)(10) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. A staff person was monitored working in the infant room/space #2 with two infants present without completing ITS-SIDS training. The staff person was removed from the classroom during the visit. .01102 (f) 1896 At least one staff member counted to comply with the rule did not complete the training in playground safety within six months of employment date. A staff person without playground safety training completed a monthly outdoor inspection and report. .1102(e ) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 2. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 3. It was recommended to communicate with existing families and require a backup child care plan because if there are not adequate staff present to maintain the required staff to child ratios or groupings of children, children should not be permitted to attend the center for the day. 4. It was recommended to take the ABCMS’s training via the Moodle system. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. The facility has not had the water evaluated for lead. It was noted in the last EH inspection report the link was provided. Ms. Torrence stated she went to the website but had not heard back from them. The expectation is that the water must be evaluated. If Ms. Torrence needs assistance, please contact your EH inspector, Mr. Jamil Blackmon. He may be reached at Jamil.Blackmon@mecklenburgcountync.gov Based on the number of cited violations a proposed administrative action will be submitted. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Wednesday, November 6, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0901 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 10/23/2024 Number Present: 13 Completed Date: 10/23/2024 Age: From 0 To 4 Total Minutes: 330 Time In: 09:45 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. Upon arrival at the five-star rated licensed center, the center’s staff member, Ms. Shannon, answered the front door with seven (7) children accompanying her. The operator was contacted and informed of the visit and arrived on site approximately fifteen (15) minutes after the visit begun. There was an unqualified staff person, Ms. Danielle Brown present in space #2 with two infants and 2-two-year-old children. The DCDEE ABCMS was verified to determine that Ms. Brown was not qualified. Ms. Brown did not have ITS-SIDS training, DCDEE CBC qualification or letter on file, TB test or screening, or DCDEE staff medical report. Time was spent with Ms. Torrence to help figure out how the facility could get back into compliance. The 2-two-year-old children were transitioned to space #4 prior to Ms. Torrence’s arrival. Upon arrival to space #2 an infant was observed sleeping in an infant swing. I informed the unqualified caregiver that the infant needed to be transitioned to their assigned crib. The caregiver stated she was feeding another child, and the infant had just fallen asleep. The caregiver picked up the infant and placed the sleeping infant in the appropriate infant crib with a bib on and pacifier attached to the bib. I informed the caregiver; nothing should be around the infant’s neck. The unqualified staff member had a tablet with a child’s program on and propped up on the floor so the four (4) children present under the age of three (3) could see the program. A space heater was observed on a low shelf in space #2, not plugged in or on. I expressed concern for the room temperature but was unable to determine the actual room temperature. I reminded the staff the room temperature could not exceed 75f. Ms. Torrence removed the space heater from space #2 and placed it in the other building next door. It was recommended to get a room thermometer solely for use in space #2/infant room. Ms. Torrence arrived shortly after the two children were transitioned to space#4 to aid with required child care groupings of children and required ratios. While speaking to Ms. Torrence, another two children arrived for care (ages two and four). Two substitute companies contact information was given to Ms. Torrence to initiate contact. It was explained if the required staff are not present, children would need to go home or not attend for the day. A call was made to the licensing supervisor, Michele Sullivan, to discuss the difficulty of trying to assist Ms. Torrence with maintaining compliance with required ratios after the additional children arrived. Ms. Torrence was asked to contact parents for pick up as soon as possible and to address any school age children who were due to arrive for afternoon care. Ms. Brown left the facility with her preschool child and Ms. Torrence went into space #2 with the two infants and the youngest two-year-old child present, until one additional child could be picked up and the two-year-old child could be transitioned to space #4. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen (door was unlocked) and outdoor area were monitored for compliance. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. The outdoor inspection for September was completed by a staff member who did not obtain playground safety training. The last noted safety drill was March 28, 2024. There was a completed incident report dated August 21, 2024. The completed report was located on a table in the entrance area of the center, not filed in the applicable child’s file or logged onto the center’s incident log. The posted menu in the hallway was dated November 2023. Ms. Torrence took it down and replaced it with the correct menu dated October 2024. The center’s printed EPR plan was current but the required Ready to Go File was not current. There were thirty (30) children enrolled, and ten (10) children’s applications/emergency contacts maintained in the file. There was not any information regarding children’s special diets or medications. It was recommended to utilize the DCDEE Ready to Go File Checklist. The previous staff and training worksheet was monitored for compliance. One existing staff member was past due to obtain fourteen annual in-service training hours. The same staff member did not have a current annual health questionnaire or emergency contact information on file. The last sanitation inspection was completed May 17, 2024, with ten (10) demerits cited and a Superior classification issued. The center’s water has not been evaluated for lead. It was recommended to contact the center’s EH inspector for further guidance and support. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six (6) weeks prior to expiration. Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was dated November 2023. The operator updated the menu upon her arrival to the center. 10A NCAC 09 .0901(b) 544 Screen time was offered to children under three years of age. One infant and two children two years of age were offered a tablet with children's programming in space #2. The program was on and placed at eye level of the children. .0510(f) 807 A safe indoor and outdoor environment was not provided for the children. A space heater was monitored maintained in the infant room/space #2. The heater was removed from the space by the operator during the visit and placed next door. The kitchen door was monitored unlocked. 10A NCAC 09 .0601(a) 853 Incident logs were not completed and maintained as required. A completed incident report was dated August 21, 2024, was not filed in the applicable child's file or logged onto the center's incident log. .0802(g)(1-6) 892 The center's safe sleep policy was not posted in a prominent place in the infant room where parents and caregivers were able to view daily. There was a center ITS-SIDS policy posted in space #2. The safe sleep policy was not followed by the unqualified staff person. An infant was observed sleeping in an infant swing upon arrival to space #2. Once notified that the infant was required to be placed in an appropriate sleeping device, the staff member placed the infant on their back in their assigned crib, with a bib on and pacifier attached. .0606(b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. A staff person was hired and permitted to begin working without a DCDEE staff medical report. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. A staff person was permitted to begin working without negative TB results or screening. .0701(a) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One existing staff member did not have a current annual HQ on file. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One existing staff member did not have a current annual emergency contact information on file. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. An unqualified staff person was present and working in space #2 without a DCDEE qualification. The staff person was required to leave the premises during the visit. G.S. 110-90.2(b) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. One existing staff member was due to obtain fourteen (14) by September 27, 2024, and did not. .1103(a) 1756 Enhanced staff/child ratios and group sizes were not met. An unqualified caregiver was present with four children; two children were infants, and 2 children were two years of age. The two-year-old children were regrouped with preschool children in space #4 until the operator arrived. 10A NCAC 09 .2818 1757 A valid qualification letter was not on file and available to review at the facility. A staff person was working on site without a DCDEE CBC qualifying letter. G.S. 110-90.2(b) & (d) & .2703(e) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented safety drill was March 28, 2024. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The EPR/Ready to Go File was incomplete. There are thirty (30) children enrolled and only ten (10) children's emergency contact information was on file. An area map was not maintained in the file. .0607(d)(10) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. A staff person was monitored working in the infant room/space #2 with two infants present without completing ITS-SIDS training. The staff person was removed from the classroom during the visit. .01102 (f) 1896 At least one staff member counted to comply with the rule did not complete the training in playground safety within six months of employment date. A staff person without playground safety training completed a monthly outdoor inspection and report. .1102(e ) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 2. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 3. It was recommended to communicate with existing families and require a backup child care plan because if there are not adequate staff present to maintain the required staff to child ratios or groupings of children, children should not be permitted to attend the center for the day. 4. It was recommended to take the ABCMS’s training via the Moodle system. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. The facility has not had the water evaluated for lead. It was noted in the last EH inspection report the link was provided. Ms. Torrence stated she went to the website but had not heard back from them. The expectation is that the water must be evaluated. If Ms. Torrence needs assistance, please contact your EH inspector, Mr. Jamil Blackmon. He may be reached at Jamil.Blackmon@mecklenburgcountync.gov Based on the number of cited violations a proposed administrative action will be submitted. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Wednesday, November 6, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .2818 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 10/23/2024 Number Present: 13 Completed Date: 10/23/2024 Age: From 0 To 4 Total Minutes: 330 Time In: 09:45 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. Upon arrival at the five-star rated licensed center, the center’s staff member, Ms. Shannon, answered the front door with seven (7) children accompanying her. The operator was contacted and informed of the visit and arrived on site approximately fifteen (15) minutes after the visit begun. There was an unqualified staff person, Ms. Danielle Brown present in space #2 with two infants and 2-two-year-old children. The DCDEE ABCMS was verified to determine that Ms. Brown was not qualified. Ms. Brown did not have ITS-SIDS training, DCDEE CBC qualification or letter on file, TB test or screening, or DCDEE staff medical report. Time was spent with Ms. Torrence to help figure out how the facility could get back into compliance. The 2-two-year-old children were transitioned to space #4 prior to Ms. Torrence’s arrival. Upon arrival to space #2 an infant was observed sleeping in an infant swing. I informed the unqualified caregiver that the infant needed to be transitioned to their assigned crib. The caregiver stated she was feeding another child, and the infant had just fallen asleep. The caregiver picked up the infant and placed the sleeping infant in the appropriate infant crib with a bib on and pacifier attached to the bib. I informed the caregiver; nothing should be around the infant’s neck. The unqualified staff member had a tablet with a child’s program on and propped up on the floor so the four (4) children present under the age of three (3) could see the program. A space heater was observed on a low shelf in space #2, not plugged in or on. I expressed concern for the room temperature but was unable to determine the actual room temperature. I reminded the staff the room temperature could not exceed 75f. Ms. Torrence removed the space heater from space #2 and placed it in the other building next door. It was recommended to get a room thermometer solely for use in space #2/infant room. Ms. Torrence arrived shortly after the two children were transitioned to space#4 to aid with required child care groupings of children and required ratios. While speaking to Ms. Torrence, another two children arrived for care (ages two and four). Two substitute companies contact information was given to Ms. Torrence to initiate contact. It was explained if the required staff are not present, children would need to go home or not attend for the day. A call was made to the licensing supervisor, Michele Sullivan, to discuss the difficulty of trying to assist Ms. Torrence with maintaining compliance with required ratios after the additional children arrived. Ms. Torrence was asked to contact parents for pick up as soon as possible and to address any school age children who were due to arrive for afternoon care. Ms. Brown left the facility with her preschool child and Ms. Torrence went into space #2 with the two infants and the youngest two-year-old child present, until one additional child could be picked up and the two-year-old child could be transitioned to space #4. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen (door was unlocked) and outdoor area were monitored for compliance. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. The outdoor inspection for September was completed by a staff member who did not obtain playground safety training. The last noted safety drill was March 28, 2024. There was a completed incident report dated August 21, 2024. The completed report was located on a table in the entrance area of the center, not filed in the applicable child’s file or logged onto the center’s incident log. The posted menu in the hallway was dated November 2023. Ms. Torrence took it down and replaced it with the correct menu dated October 2024. The center’s printed EPR plan was current but the required Ready to Go File was not current. There were thirty (30) children enrolled, and ten (10) children’s applications/emergency contacts maintained in the file. There was not any information regarding children’s special diets or medications. It was recommended to utilize the DCDEE Ready to Go File Checklist. The previous staff and training worksheet was monitored for compliance. One existing staff member was past due to obtain fourteen annual in-service training hours. The same staff member did not have a current annual health questionnaire or emergency contact information on file. The last sanitation inspection was completed May 17, 2024, with ten (10) demerits cited and a Superior classification issued. The center’s water has not been evaluated for lead. It was recommended to contact the center’s EH inspector for further guidance and support. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six (6) weeks prior to expiration. Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was dated November 2023. The operator updated the menu upon her arrival to the center. 10A NCAC 09 .0901(b) 544 Screen time was offered to children under three years of age. One infant and two children two years of age were offered a tablet with children's programming in space #2. The program was on and placed at eye level of the children. .0510(f) 807 A safe indoor and outdoor environment was not provided for the children. A space heater was monitored maintained in the infant room/space #2. The heater was removed from the space by the operator during the visit and placed next door. The kitchen door was monitored unlocked. 10A NCAC 09 .0601(a) 853 Incident logs were not completed and maintained as required. A completed incident report was dated August 21, 2024, was not filed in the applicable child's file or logged onto the center's incident log. .0802(g)(1-6) 892 The center's safe sleep policy was not posted in a prominent place in the infant room where parents and caregivers were able to view daily. There was a center ITS-SIDS policy posted in space #2. The safe sleep policy was not followed by the unqualified staff person. An infant was observed sleeping in an infant swing upon arrival to space #2. Once notified that the infant was required to be placed in an appropriate sleeping device, the staff member placed the infant on their back in their assigned crib, with a bib on and pacifier attached. .0606(b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. A staff person was hired and permitted to begin working without a DCDEE staff medical report. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. A staff person was permitted to begin working without negative TB results or screening. .0701(a) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One existing staff member did not have a current annual HQ on file. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One existing staff member did not have a current annual emergency contact information on file. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. An unqualified staff person was present and working in space #2 without a DCDEE qualification. The staff person was required to leave the premises during the visit. G.S. 110-90.2(b) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. One existing staff member was due to obtain fourteen (14) by September 27, 2024, and did not. .1103(a) 1756 Enhanced staff/child ratios and group sizes were not met. An unqualified caregiver was present with four children; two children were infants, and 2 children were two years of age. The two-year-old children were regrouped with preschool children in space #4 until the operator arrived. 10A NCAC 09 .2818 1757 A valid qualification letter was not on file and available to review at the facility. A staff person was working on site without a DCDEE CBC qualifying letter. G.S. 110-90.2(b) & (d) & .2703(e) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented safety drill was March 28, 2024. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The EPR/Ready to Go File was incomplete. There are thirty (30) children enrolled and only ten (10) children's emergency contact information was on file. An area map was not maintained in the file. .0607(d)(10) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. A staff person was monitored working in the infant room/space #2 with two infants present without completing ITS-SIDS training. The staff person was removed from the classroom during the visit. .01102 (f) 1896 At least one staff member counted to comply with the rule did not complete the training in playground safety within six months of employment date. A staff person without playground safety training completed a monthly outdoor inspection and report. .1102(e ) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 2. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 3. It was recommended to communicate with existing families and require a backup child care plan because if there are not adequate staff present to maintain the required staff to child ratios or groupings of children, children should not be permitted to attend the center for the day. 4. It was recommended to take the ABCMS’s training via the Moodle system. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. The facility has not had the water evaluated for lead. It was noted in the last EH inspection report the link was provided. Ms. Torrence stated she went to the website but had not heard back from them. The expectation is that the water must be evaluated. If Ms. Torrence needs assistance, please contact your EH inspector, Mr. Jamil Blackmon. He may be reached at Jamil.Blackmon@mecklenburgcountync.gov Based on the number of cited violations a proposed administrative action will be submitted. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Wednesday, November 6, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: Visit Date: 10/23/2024 Number Present: 13 Completed Date: 10/23/2024 Age: From 0 To 4 Total Minutes: 330 Time In: 09:45 AM Time Out: 03:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Routine Unannounced Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor for compliance with applicable child care requirements during a Routine Unannounced Visit. Upon arrival at the five-star rated licensed center, the center’s staff member, Ms. Shannon, answered the front door with seven (7) children accompanying her. The operator was contacted and informed of the visit and arrived on site approximately fifteen (15) minutes after the visit begun. There was an unqualified staff person, Ms. Danielle Brown present in space #2 with two infants and 2-two-year-old children. The DCDEE ABCMS was verified to determine that Ms. Brown was not qualified. Ms. Brown did not have ITS-SIDS training, DCDEE CBC qualification or letter on file, TB test or screening, or DCDEE staff medical report. Time was spent with Ms. Torrence to help figure out how the facility could get back into compliance. The 2-two-year-old children were transitioned to space #4 prior to Ms. Torrence’s arrival. Upon arrival to space #2 an infant was observed sleeping in an infant swing. I informed the unqualified caregiver that the infant needed to be transitioned to their assigned crib. The caregiver stated she was feeding another child, and the infant had just fallen asleep. The caregiver picked up the infant and placed the sleeping infant in the appropriate infant crib with a bib on and pacifier attached to the bib. I informed the caregiver; nothing should be around the infant’s neck. The unqualified staff member had a tablet with a child’s program on and propped up on the floor so the four (4) children present under the age of three (3) could see the program. A space heater was observed on a low shelf in space #2, not plugged in or on. I expressed concern for the room temperature but was unable to determine the actual room temperature. I reminded the staff the room temperature could not exceed 75f. Ms. Torrence removed the space heater from space #2 and placed it in the other building next door. It was recommended to get a room thermometer solely for use in space #2/infant room. Ms. Torrence arrived shortly after the two children were transitioned to space#4 to aid with required child care groupings of children and required ratios. While speaking to Ms. Torrence, another two children arrived for care (ages two and four). Two substitute companies contact information was given to Ms. Torrence to initiate contact. It was explained if the required staff are not present, children would need to go home or not attend for the day. A call was made to the licensing supervisor, Michele Sullivan, to discuss the difficulty of trying to assist Ms. Torrence with maintaining compliance with required ratios after the additional children arrived. Ms. Torrence was asked to contact parents for pick up as soon as possible and to address any school age children who were due to arrive for afternoon care. Ms. Brown left the facility with her preschool child and Ms. Torrence went into space #2 with the two infants and the youngest two-year-old child present, until one additional child could be picked up and the two-year-old child could be transitioned to space #4. The child care item number listing dated March 2024 was used to identify and determine non-compliance. The following sections were monitored for compliance: A1, B1, C4, C5, C6, E1, E2, F3, G1, G3, G4 and G5. A walk through of spaces #1-4, the kitchen (door was unlocked) and outdoor area were monitored for compliance. Monthly outdoor inspections, incident log, monthly fire drills and quarterly safety drills were monitored. The outdoor inspection for September was completed by a staff member who did not obtain playground safety training. The last noted safety drill was March 28, 2024. There was a completed incident report dated August 21, 2024. The completed report was located on a table in the entrance area of the center, not filed in the applicable child’s file or logged onto the center’s incident log. The posted menu in the hallway was dated November 2023. Ms. Torrence took it down and replaced it with the correct menu dated October 2024. The center’s printed EPR plan was current but the required Ready to Go File was not current. There were thirty (30) children enrolled, and ten (10) children’s applications/emergency contacts maintained in the file. There was not any information regarding children’s special diets or medications. It was recommended to utilize the DCDEE Ready to Go File Checklist. The previous staff and training worksheet was monitored for compliance. One existing staff member was past due to obtain fourteen annual in-service training hours. The same staff member did not have a current annual health questionnaire or emergency contact information on file. The last sanitation inspection was completed May 17, 2024, with ten (10) demerits cited and a Superior classification issued. The center’s water has not been evaluated for lead. It was recommended to contact the center’s EH inspector for further guidance and support. The last annual fire inspection was completed on December 21, 2023. It was recommended to begin your annual inspection process four to six (6) weeks prior to expiration. Violation Number Comment Rule 526 Menus for all meals and snacks were not current or posted where easily seen by parents and cook. The posted menu was dated November 2023. The operator updated the menu upon her arrival to the center. 10A NCAC 09 .0901(b) 544 Screen time was offered to children under three years of age. One infant and two children two years of age were offered a tablet with children's programming in space #2. The program was on and placed at eye level of the children. .0510(f) 807 A safe indoor and outdoor environment was not provided for the children. A space heater was monitored maintained in the infant room/space #2. The heater was removed from the space by the operator during the visit and placed next door. The kitchen door was monitored unlocked. 10A NCAC 09 .0601(a) 853 Incident logs were not completed and maintained as required. A completed incident report was dated August 21, 2024, was not filed in the applicable child's file or logged onto the center's incident log. .0802(g)(1-6) 892 The center's safe sleep policy was not posted in a prominent place in the infant room where parents and caregivers were able to view daily. There was a center ITS-SIDS policy posted in space #2. The safe sleep policy was not followed by the unqualified staff person. An infant was observed sleeping in an infant swing upon arrival to space #2. Once notified that the infant was required to be placed in an appropriate sleeping device, the staff member placed the infant on their back in their assigned crib, with a bib on and pacifier attached. .0606(b) 1032 Child care providers and uncompensated providers who are not substitute providers or volunteers, including the director did not have a medical report on file prior to employment that was signed by a health care professional and/ or the medical report was older than 12 months. A staff person was hired and permitted to begin working without a DCDEE staff medical report. 10A NCAC 09 .0701(a) 1033 On or before the first day of work, all staff, including the director and individuals who volunteer more than once per week did not provide results indicating that they were free of active TB and/or TB test or screening was older than 12 months. A staff person was permitted to begin working without negative TB results or screening. .0701(a) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One existing staff member did not have a current annual HQ on file. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One existing staff member did not have a current annual emergency contact information on file. .0701(a) 1041 Prior to employment a Criminal Background Check was not completed. An unqualified staff person was present and working in space #2 without a DCDEE qualification. The staff person was required to leave the premises during the visit. G.S. 110-90.2(b) 1052 Staff required to receive on-going training had not completed the required number of hours according to their education and experience. One existing staff member was due to obtain fourteen (14) by September 27, 2024, and did not. .1103(a) 1756 Enhanced staff/child ratios and group sizes were not met. An unqualified caregiver was present with four children; two children were infants, and 2 children were two years of age. The two-year-old children were regrouped with preschool children in space #4 until the operator arrived. 10A NCAC 09 .2818 1757 A valid qualification letter was not on file and available to review at the facility. A staff person was working on site without a DCDEE CBC qualifying letter. G.S. 110-90.2(b) & (d) & .2703(e) 1811 Shelter-in-place or lockdown drills were not practiced every three months and/or drill record was incomplete. The last documented safety drill was March 28, 2024. .0604(u);.0302(d)(8) 1823 The EPR Plan did not include the location of the Ready to Go File and or the required information. The EPR/Ready to Go File was incomplete. There are thirty (30) children enrolled and only ten (10) children's emergency contact information was on file. An area map was not maintained in the file. .0607(d)(10) 1831 At least one child care provider, who has completed ITS-SIDS training was not present in the infant room, while children were in care. A staff person was monitored working in the infant room/space #2 with two infants present without completing ITS-SIDS training. The staff person was removed from the classroom during the visit. .01102 (f) 1896 At least one staff member counted to comply with the rule did not complete the training in playground safety within six months of employment date. A staff person without playground safety training completed a monthly outdoor inspection and report. .1102(e ) Technical Assistance Provided and General Discussion: 1. It was recommended to purchase the third edition of the ERS. It was also recommended to review all available resources at the NCRLAP website. www.NCLRAP.org. 2. It was recommended to update the staff and training worksheets and email them to the consultant. Always maintain the worksheets current. 3. It was recommended to communicate with existing families and require a backup child care plan because if there are not adequate staff present to maintain the required staff to child ratios or groupings of children, children should not be permitted to attend the center for the day. 4. It was recommended to take the ABCMS’s training via the Moodle system. As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS on an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. 5. The facility has not had the water evaluated for lead. It was noted in the last EH inspection report the link was provided. Ms. Torrence stated she went to the website but had not heard back from them. The expectation is that the water must be evaluated. If Ms. Torrence needs assistance, please contact your EH inspector, Mr. Jamil Blackmon. He may be reached at Jamil.Blackmon@mecklenburgcountync.gov Based on the number of cited violations a proposed administrative action will be submitted. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Wednesday, November 6, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0606 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: 0724-198L Visit Date: 8/1/2024 Number Present: 14 Completed Date: 8/1/2024 Age: From 2 To 9 Total Minutes: 235 Time In: 10:45 AM Time Out: 02:40 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to investigate allegations of violation of child care requirements during a complaint visit. Upon arrival to the center, Ms. Tolbert answered the door and escorted me inside. The printed allegations were read as followed: There are concerns that: Infants are not receiving appropriate care. (Examples: Attention to sanitary needs, crying). Cribs are in poor, unsafe condition and block the classroom door from fully opening. Seven children ranging in age from two years to nine years of age were grouped together with one caregiver present. While I was communicating with Ms. Tolbert in the hallway, she indicated Ms. Torrence was in route and providing transportation to enrolled children. Ms. Tolbert went to the van door to help escort the children inside of the van, Ms. Torrence was operating. While standing at the side entry door, a crack in the transportation van windshield was observed. The crack in the windshield was monitored going across the entire middle of the windshield. Ms. Torrence was informed the windshield must be repaired. It was recommended to contact Safelight. A walk through of spaces #1-4 was completed with Ms. Torrence. There were not any infants or one year old children present today. There is only one infant enrolled at this time. The infants/toddlers are cared for in space #2. Space #2 was monitored for compliance. The following items were monitored out of compliance. There was visible dirt on the baseboards, doors, light switches, sink cabinets, children’s storage cabinets. There is a window air conditioning unit installed. There was visible dirt on the windowsills and visible plastic bag stuffed under the window unit. Plastic can’t be accessible to children under three years of age. Something else should be placed to help seal around the window unit better in the window. The vent in the ceiling was monitored with dirt and dust. The college size refrigerator was monitored with excessive ice in the compartment. There were children’s teething rings monitored stored directly on top of the iced freezer compartment. There was some sort of stain visible on the ice. There was visible dirt and pieces of hair monitored at the bottom portion of the refrigerator. It was recommended to unplug the refrigerator and place it outside to defrost quickly due to no infants were present today. The refrigerator should be defrosted and cleaned out. There was chipped paint throughout the walls. It was recommended to remove all items on the walls, clean all walls, cabinets, doors, and floorboards, then paint the room a different color other than white. There was visible bug excrement monitored on the cabinet shelves. A wipe was used to show the amount of excrement. Ms. Torrence stated the cabinets were not cleaned properly after the exterminator provided a treatment. There was a tray where the electric bottle warmer was maintained next to the sink. There was visible dirt on the tray and at least one dead bug under the tray. I discussed with Ms. Torrence daily, weekly, and monthly cleaning responsibilities for the classrooms and the inside of the center’s common areas. A sanitation checklist was emailed to Ms. Torrence during the visit to help re-train staff in what is expected daily. We discussed clutter storage on the shelves and one crib stored underneath the shelf with the clutter. Ms. Torrence stated the crib would be relocated if an additional infant were to ever enroll. I encouraged Ms. Torrence to remove the items hanging over the side of the shelf. There was one ITS-SIDS sample policy posted with one parent signature. The posted sample policy was not customized but was signed by the one enrolled infant’s parent. I asked to see if anything was maintained in the child’s file and there was not a signed ITS-SIDS policy acknowledgement maintained in the child’s file. Ms. Torrence stated she was told to get the policy from the child’s file and post it. The ITS-SIDS rules .0606 were reviewed and emailed to Ms. Torrence during the visit. Ms. Torrence will need to customize the sample ITS-SIDS policy first, then review the customized policy with the enrolled infant’s parents. The parents will need to sign the revised policy. The SIDS acknowledgement is required to be maintained in the applicable child’s file. The revised ITS-SIDS policy should be reviewed with all staff. Document the staff review of the revised ITS-SIDS policy. There were two wooden Kaplan cribs present. The mattresses were lifted, and the required label with the date of manufacture was listed. The labeled cribs were manufactured after June 28, 2011. The labels were monitored to ensure the crib met federal standards of either 16 CFR 1219 or 1220. The cribs were in good condition without any hazards or splinters. Each monitored crib had a reinforced bottom and large metal wheels. There were two cribs present and neither crib blocked either door in space #2. Based on my observations and discussions with Ms. Torrence and Ms. Tolbert the allegation of infants not receiving appropriate care was UNSUBSTANTIATED. No infants were present to monitor their care or if their individual needs were being met. Based on my observations and discussions with Ms. Torrence and Ms. Tolbert the allegation cribs are in poor, unsafe condition and block the classroom door from fully opening was UNSUBSTANTIATED. Cribs were monitored in good condition, meeting federal standards, and not blocking any of the two doors in space #2. Violation Number Comment Rule 522 Multi-use articles, including highchair feeding trays, were not washed, rinsed and sanitized in the center's kitchen after each use. There were two infant highchairs in space #2 with visible food debris. The highchair coverings were also monitored visibly dirty. A tray used to store the electric bottle warmer was observed with visible stains/dirt. 15A NCAC 18A .2812(e) 617 All openings to the outer air were not protected against the entrance of flying pest. A window air conditioner unit was monitored installed in space #2. There was visible dirt on the windowsills and on top of the unit. 15A NCAC 18A .2831(c) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The walls, baseboards, cabinets and refrigerator/freezer in space #2 were monitored with chipped paint, or visible dirt. 15A NCAC 18A .2825(a) 891 The safe sleep policy did not contain the required information. The center used a sample safe sleep policy. The sample policy was not customized and identified what the center will do or not do to ensure an infant's sleep space and practices are safe. One safe sleep policy was posted in the space #2 instead of the acknowledgement being maintained in the child's file. 10A NCAC 09 .0606(a)(1-8) 1123 All vehicles used to transport children were not free of hazards. The transportation van used to transport children at the center was monitored with a cracked windshield. 10A NCAC 09 .1002(a) Technical Assistance Provided and General Discussion: 1. It was recommended to discuss the extermination plan with the established exterminator. Is the current plan addressing all needs inside. 2. ITS-SIDS child care rules were emailed to Ms. Torrence during the visit. 3. Two checklists were emailed to help Ms. Torrence with staff and cleaning responsibilities. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Thursday, August 15, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: ratio. Open / not marked corrected.
10A NCAC 09 .1002 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: MARA BRINTON Operation Type: Center Case Number: 0724-198L Visit Date: 8/1/2024 Number Present: 14 Completed Date: 8/1/2024 Age: From 2 To 9 Total Minutes: 235 Time In: 10:45 AM Time Out: 02:40 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s unannounced visit was to investigate allegations of violation of child care requirements during a complaint visit. Upon arrival to the center, Ms. Tolbert answered the door and escorted me inside. The printed allegations were read as followed: There are concerns that: Infants are not receiving appropriate care. (Examples: Attention to sanitary needs, crying). Cribs are in poor, unsafe condition and block the classroom door from fully opening. Seven children ranging in age from two years to nine years of age were grouped together with one caregiver present. While I was communicating with Ms. Tolbert in the hallway, she indicated Ms. Torrence was in route and providing transportation to enrolled children. Ms. Tolbert went to the van door to help escort the children inside of the van, Ms. Torrence was operating. While standing at the side entry door, a crack in the transportation van windshield was observed. The crack in the windshield was monitored going across the entire middle of the windshield. Ms. Torrence was informed the windshield must be repaired. It was recommended to contact Safelight. A walk through of spaces #1-4 was completed with Ms. Torrence. There were not any infants or one year old children present today. There is only one infant enrolled at this time. The infants/toddlers are cared for in space #2. Space #2 was monitored for compliance. The following items were monitored out of compliance. There was visible dirt on the baseboards, doors, light switches, sink cabinets, children’s storage cabinets. There is a window air conditioning unit installed. There was visible dirt on the windowsills and visible plastic bag stuffed under the window unit. Plastic can’t be accessible to children under three years of age. Something else should be placed to help seal around the window unit better in the window. The vent in the ceiling was monitored with dirt and dust. The college size refrigerator was monitored with excessive ice in the compartment. There were children’s teething rings monitored stored directly on top of the iced freezer compartment. There was some sort of stain visible on the ice. There was visible dirt and pieces of hair monitored at the bottom portion of the refrigerator. It was recommended to unplug the refrigerator and place it outside to defrost quickly due to no infants were present today. The refrigerator should be defrosted and cleaned out. There was chipped paint throughout the walls. It was recommended to remove all items on the walls, clean all walls, cabinets, doors, and floorboards, then paint the room a different color other than white. There was visible bug excrement monitored on the cabinet shelves. A wipe was used to show the amount of excrement. Ms. Torrence stated the cabinets were not cleaned properly after the exterminator provided a treatment. There was a tray where the electric bottle warmer was maintained next to the sink. There was visible dirt on the tray and at least one dead bug under the tray. I discussed with Ms. Torrence daily, weekly, and monthly cleaning responsibilities for the classrooms and the inside of the center’s common areas. A sanitation checklist was emailed to Ms. Torrence during the visit to help re-train staff in what is expected daily. We discussed clutter storage on the shelves and one crib stored underneath the shelf with the clutter. Ms. Torrence stated the crib would be relocated if an additional infant were to ever enroll. I encouraged Ms. Torrence to remove the items hanging over the side of the shelf. There was one ITS-SIDS sample policy posted with one parent signature. The posted sample policy was not customized but was signed by the one enrolled infant’s parent. I asked to see if anything was maintained in the child’s file and there was not a signed ITS-SIDS policy acknowledgement maintained in the child’s file. Ms. Torrence stated she was told to get the policy from the child’s file and post it. The ITS-SIDS rules .0606 were reviewed and emailed to Ms. Torrence during the visit. Ms. Torrence will need to customize the sample ITS-SIDS policy first, then review the customized policy with the enrolled infant’s parents. The parents will need to sign the revised policy. The SIDS acknowledgement is required to be maintained in the applicable child’s file. The revised ITS-SIDS policy should be reviewed with all staff. Document the staff review of the revised ITS-SIDS policy. There were two wooden Kaplan cribs present. The mattresses were lifted, and the required label with the date of manufacture was listed. The labeled cribs were manufactured after June 28, 2011. The labels were monitored to ensure the crib met federal standards of either 16 CFR 1219 or 1220. The cribs were in good condition without any hazards or splinters. Each monitored crib had a reinforced bottom and large metal wheels. There were two cribs present and neither crib blocked either door in space #2. Based on my observations and discussions with Ms. Torrence and Ms. Tolbert the allegation of infants not receiving appropriate care was UNSUBSTANTIATED. No infants were present to monitor their care or if their individual needs were being met. Based on my observations and discussions with Ms. Torrence and Ms. Tolbert the allegation cribs are in poor, unsafe condition and block the classroom door from fully opening was UNSUBSTANTIATED. Cribs were monitored in good condition, meeting federal standards, and not blocking any of the two doors in space #2. Violation Number Comment Rule 522 Multi-use articles, including highchair feeding trays, were not washed, rinsed and sanitized in the center's kitchen after each use. There were two infant highchairs in space #2 with visible food debris. The highchair coverings were also monitored visibly dirty. A tray used to store the electric bottle warmer was observed with visible stains/dirt. 15A NCAC 18A .2812(e) 617 All openings to the outer air were not protected against the entrance of flying pest. A window air conditioner unit was monitored installed in space #2. There was visible dirt on the windowsills and on top of the unit. 15A NCAC 18A .2831(c) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. The walls, baseboards, cabinets and refrigerator/freezer in space #2 were monitored with chipped paint, or visible dirt. 15A NCAC 18A .2825(a) 891 The safe sleep policy did not contain the required information. The center used a sample safe sleep policy. The sample policy was not customized and identified what the center will do or not do to ensure an infant's sleep space and practices are safe. One safe sleep policy was posted in the space #2 instead of the acknowledgement being maintained in the child's file. 10A NCAC 09 .0606(a)(1-8) 1123 All vehicles used to transport children were not free of hazards. The transportation van used to transport children at the center was monitored with a cracked windshield. 10A NCAC 09 .1002(a) Technical Assistance Provided and General Discussion: 1. It was recommended to discuss the extermination plan with the established exterminator. Is the current plan addressing all needs inside. 2. ITS-SIDS child care rules were emailed to Ms. Torrence during the visit. 3. Two checklists were emailed to help Ms. Torrence with staff and cleaning responsibilities. Corrective Action Plan: All violations must be corrected immediately. You shall submit a written, signed, and dated statement/compliance letter to me, at the address below detailing how each violation has been corrected and when. This information shall be received by Thursday, August 15, 2024. You may email me your letter of correction. Mail written documentation to Mara Brinton, 7870 Woodmere Drive, Harrisburg, NC 28075. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted or an administrative action may be recommended. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time-period. If you have any questions, please contact Mara Brinton at 704-594-0140 or email mara.brinton@dhhs.nc.gov If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0713 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/23/2024 Number Present: 9 Completed Date: 5/23/2024 Age: From 1 To 3 Total Minutes: 175 Time In: 10:20 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance to violations cited during the 5-14-24 annual compliance visit. Upon my arrival, as I got out of my car I could hear children on the playground. Two staff were walking out of the building next door. I greeted them and followed them inside the center. One staff walked to the back of the center the other stayed in the lobby as I asked if the director was present. She stated the director was next door was coming over, she then walked back to the back of the building. I started walking to the back of the center and observed the kitchen door slightly open. I opened the door and observed Lysol aerosol spray stored on top of the refrigerator again. I closed the door leaving it just like I found it, walked to Space 3 to review the activity plan, it was dated for last week. The teacher that greeted me, came into Space 3 as the children from outdoors started walking into Space 4. I stood in the hallway and observed them walking in, I asked the third teacher present if she was outside alone with the nine children I counted. She stated no, I asked who was with her since I walked into the center for the other two staff, she then responded nobody. So I asked again, was she on the playground alone with the nine children present, she stated yes. I asked how old the youngest child present was and was told one years of age. The ratio when one year olds are present is 1:6. I walked into Space 4 and their activity plan was also dated for last week. I heard the director arrive so I walked to the front of the building. Shirley Torrence, Administrator, walked in with two other people. The other people were present to do a dental program with the preschool class. She got them settled and I spoke with her and the teacher that original greeted me in an unused classroom. I asked what had happened this morning at my arrival with leaving one teacher present with nine children. It was explained that the administrator was in the building next door when one staff arrived with her parent. The parent was upset because her daughter was written up recently and had come to confront the administrator. The administrator called next door to the Preschool Lead Teacher (the teacher that origionally greeted me) and put her on speaker phone and informed her the other teacher and her mother were present confronting her. She stated she didn't ask her to come over, the teacher stated I will be right there and went next door the the other building leaving nine children present with one teacher. The administrator stated she felt threatened, but didn't convey it to the teacher she called, and the preschool teacher stated she didn't know the administrator felt threatened, she is just a peace keeper and went over to help. I explained this was not a true emergency and that staff/child ratio was not maintained because the preschool teacher left her group on the playground with one teacher on the playground with nine children present, ranging in age of 1-3. 911 was not called. They saw me pull up and told the staff's parent to leave. That is when I observed both teachers leaving the building next door and walk towards the center entrance. I monitored violation cited during the 5-14-24 annual compliance visit and observed the following: 303 - Supervision was maintained today, this violation is considered corrected. 428 - Repeat Violation Current activity plans were not posted in either Space 3 or 4, they were dated for last week. You posted this weeks in both room during the visit. 620 - Walls were observed in good repair, you have contacted a painter and are covering areas to make them inaccessible until the painting is complete. This is considered corrected. 721 - Material and equipment were observed in good repair, this violation is considered corrected. 840 - Repeat violation - Lysol areosol spray was observed stored on top of the refrigerator. It was placed in a locked closet and the kitchen door was closed and locked during the visit. 858 - I did not observe any plastic bags or foam or anything that can be torn apart small enough to be swallowed. This violation is considered corrected. 860 - Balloons were removed during the annual compliance visit and I did not observe any in the center today. This violation is considered corrected. 1034 - Health Questionnaires were corrected during the last visit, and remain on file and are now current. This violation is considered corrected. 1035 - Emergency information was corrected during the last visit, current information was on file today. This is considered corrected. 1115 - The first aid kit and fire extinguisher were observed secured in the vehicle today, this violation is considered corrected. 1898 - Repeat Violation, one staff still has not completed all the required health and safety trainings, she did not complete the Medication in Child Care topic area. 1899 - Staff required to complete the training within 5 years of last completion, completed her health and safety and current training was observed on file. This violation is considered corrected. The following violations were observed today: Violation Number Comment Rule 318 Children between 12 and 24 months of age were grouped with children 3 years of age or older. Upon the consultants arrival, one staff member was on the playground with nine children ranging in age of 1-3 years. 10A NCAC 09 .0713(a)(6) 428 A current activity plan was not posted for each group of children for reference. Space 3 and 4 did not have a current activity plan posted, the plans posted were dated for last week. This is a repeat violation. GS 110-91(12); .0508(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. Lysol aerosol spray was observed on top of the kitchen refrigerator and the kitchen door was cracked open. This is a repeat violation. .2820(b) 1756 Enhanced staff/child ratios and group sizes were not met. Upon my arrival I observed two staff coming from the building next door, we walked into the center together. I observed the children coming in from outdoor play, one staff was with the nine children, ranging in age of 1-3 years of age. 10A NCAC 09 .2818 Compliance Statement: Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before 6-7-24. I will be returning in the very near future to monitor compliance to the violation cited today. Technical Assistance was provided on the following: Kitchen - I encourage you to place a "Keep Kitchen Door Closed and Locked" on the door to remind staff to close and lock the door when leaving the kitchen since cleaning supplies have been observed stored in that space. Training: I assisted the staff in enrolling in Medication for Child Care Health and Safety Training in Moodle today. This course is now under her courses to complete. Staff/Child Ratio - There is no reason staff at this center need to go to the building next door. You are keeping your office next door, however is you need to talk to staff or need something, you need to go to the center and talk to them. Staff need to count their children prior to leaving the group to ensure ratio is being maintained. They have the ratio's posted, the know the ages of the children, they need to count as they are moving about the center and when leaving a group to ensure ratio is maintained. Other: I provided the health behavior hotline information to you today. During the visit, two children were crying and staff stated they don't like being told no. I provided information regarding developmentally appropriateness, if telling a child they can't do something, you need to tell them what they can do, provide choices. I highly encourage you contact CCRI and have a behavioral specialist observe the groups and provide feedback to your teachers on working with children who have challenging behaviors. And I encourage them to utilize the hotline. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .2818 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/23/2024 Number Present: 9 Completed Date: 5/23/2024 Age: From 1 To 3 Total Minutes: 175 Time In: 10:20 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance to violations cited during the 5-14-24 annual compliance visit. Upon my arrival, as I got out of my car I could hear children on the playground. Two staff were walking out of the building next door. I greeted them and followed them inside the center. One staff walked to the back of the center the other stayed in the lobby as I asked if the director was present. She stated the director was next door was coming over, she then walked back to the back of the building. I started walking to the back of the center and observed the kitchen door slightly open. I opened the door and observed Lysol aerosol spray stored on top of the refrigerator again. I closed the door leaving it just like I found it, walked to Space 3 to review the activity plan, it was dated for last week. The teacher that greeted me, came into Space 3 as the children from outdoors started walking into Space 4. I stood in the hallway and observed them walking in, I asked the third teacher present if she was outside alone with the nine children I counted. She stated no, I asked who was with her since I walked into the center for the other two staff, she then responded nobody. So I asked again, was she on the playground alone with the nine children present, she stated yes. I asked how old the youngest child present was and was told one years of age. The ratio when one year olds are present is 1:6. I walked into Space 4 and their activity plan was also dated for last week. I heard the director arrive so I walked to the front of the building. Shirley Torrence, Administrator, walked in with two other people. The other people were present to do a dental program with the preschool class. She got them settled and I spoke with her and the teacher that original greeted me in an unused classroom. I asked what had happened this morning at my arrival with leaving one teacher present with nine children. It was explained that the administrator was in the building next door when one staff arrived with her parent. The parent was upset because her daughter was written up recently and had come to confront the administrator. The administrator called next door to the Preschool Lead Teacher (the teacher that origionally greeted me) and put her on speaker phone and informed her the other teacher and her mother were present confronting her. She stated she didn't ask her to come over, the teacher stated I will be right there and went next door the the other building leaving nine children present with one teacher. The administrator stated she felt threatened, but didn't convey it to the teacher she called, and the preschool teacher stated she didn't know the administrator felt threatened, she is just a peace keeper and went over to help. I explained this was not a true emergency and that staff/child ratio was not maintained because the preschool teacher left her group on the playground with one teacher on the playground with nine children present, ranging in age of 1-3. 911 was not called. They saw me pull up and told the staff's parent to leave. That is when I observed both teachers leaving the building next door and walk towards the center entrance. I monitored violation cited during the 5-14-24 annual compliance visit and observed the following: 303 - Supervision was maintained today, this violation is considered corrected. 428 - Repeat Violation Current activity plans were not posted in either Space 3 or 4, they were dated for last week. You posted this weeks in both room during the visit. 620 - Walls were observed in good repair, you have contacted a painter and are covering areas to make them inaccessible until the painting is complete. This is considered corrected. 721 - Material and equipment were observed in good repair, this violation is considered corrected. 840 - Repeat violation - Lysol areosol spray was observed stored on top of the refrigerator. It was placed in a locked closet and the kitchen door was closed and locked during the visit. 858 - I did not observe any plastic bags or foam or anything that can be torn apart small enough to be swallowed. This violation is considered corrected. 860 - Balloons were removed during the annual compliance visit and I did not observe any in the center today. This violation is considered corrected. 1034 - Health Questionnaires were corrected during the last visit, and remain on file and are now current. This violation is considered corrected. 1035 - Emergency information was corrected during the last visit, current information was on file today. This is considered corrected. 1115 - The first aid kit and fire extinguisher were observed secured in the vehicle today, this violation is considered corrected. 1898 - Repeat Violation, one staff still has not completed all the required health and safety trainings, she did not complete the Medication in Child Care topic area. 1899 - Staff required to complete the training within 5 years of last completion, completed her health and safety and current training was observed on file. This violation is considered corrected. The following violations were observed today: Violation Number Comment Rule 318 Children between 12 and 24 months of age were grouped with children 3 years of age or older. Upon the consultants arrival, one staff member was on the playground with nine children ranging in age of 1-3 years. 10A NCAC 09 .0713(a)(6) 428 A current activity plan was not posted for each group of children for reference. Space 3 and 4 did not have a current activity plan posted, the plans posted were dated for last week. This is a repeat violation. GS 110-91(12); .0508(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. Lysol aerosol spray was observed on top of the kitchen refrigerator and the kitchen door was cracked open. This is a repeat violation. .2820(b) 1756 Enhanced staff/child ratios and group sizes were not met. Upon my arrival I observed two staff coming from the building next door, we walked into the center together. I observed the children coming in from outdoor play, one staff was with the nine children, ranging in age of 1-3 years of age. 10A NCAC 09 .2818 Compliance Statement: Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before 6-7-24. I will be returning in the very near future to monitor compliance to the violation cited today. Technical Assistance was provided on the following: Kitchen - I encourage you to place a "Keep Kitchen Door Closed and Locked" on the door to remind staff to close and lock the door when leaving the kitchen since cleaning supplies have been observed stored in that space. Training: I assisted the staff in enrolling in Medication for Child Care Health and Safety Training in Moodle today. This course is now under her courses to complete. Staff/Child Ratio - There is no reason staff at this center need to go to the building next door. You are keeping your office next door, however is you need to talk to staff or need something, you need to go to the center and talk to them. Staff need to count their children prior to leaving the group to ensure ratio is being maintained. They have the ratio's posted, the know the ages of the children, they need to count as they are moving about the center and when leaving a group to ensure ratio is maintained. Other: I provided the health behavior hotline information to you today. During the visit, two children were crying and staff stated they don't like being told no. I provided information regarding developmentally appropriateness, if telling a child they can't do something, you need to tell them what they can do, provide choices. I highly encourage you contact CCRI and have a behavioral specialist observe the groups and provide feedback to your teachers on working with children who have challenging behaviors. And I encourage them to utilize the hotline. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
GS 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/23/2024 Number Present: 9 Completed Date: 5/23/2024 Age: From 1 To 3 Total Minutes: 175 Time In: 10:20 AM Time Out: 01:15 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Compliance Follow-Up Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance to violations cited during the 5-14-24 annual compliance visit. Upon my arrival, as I got out of my car I could hear children on the playground. Two staff were walking out of the building next door. I greeted them and followed them inside the center. One staff walked to the back of the center the other stayed in the lobby as I asked if the director was present. She stated the director was next door was coming over, she then walked back to the back of the building. I started walking to the back of the center and observed the kitchen door slightly open. I opened the door and observed Lysol aerosol spray stored on top of the refrigerator again. I closed the door leaving it just like I found it, walked to Space 3 to review the activity plan, it was dated for last week. The teacher that greeted me, came into Space 3 as the children from outdoors started walking into Space 4. I stood in the hallway and observed them walking in, I asked the third teacher present if she was outside alone with the nine children I counted. She stated no, I asked who was with her since I walked into the center for the other two staff, she then responded nobody. So I asked again, was she on the playground alone with the nine children present, she stated yes. I asked how old the youngest child present was and was told one years of age. The ratio when one year olds are present is 1:6. I walked into Space 4 and their activity plan was also dated for last week. I heard the director arrive so I walked to the front of the building. Shirley Torrence, Administrator, walked in with two other people. The other people were present to do a dental program with the preschool class. She got them settled and I spoke with her and the teacher that original greeted me in an unused classroom. I asked what had happened this morning at my arrival with leaving one teacher present with nine children. It was explained that the administrator was in the building next door when one staff arrived with her parent. The parent was upset because her daughter was written up recently and had come to confront the administrator. The administrator called next door to the Preschool Lead Teacher (the teacher that origionally greeted me) and put her on speaker phone and informed her the other teacher and her mother were present confronting her. She stated she didn't ask her to come over, the teacher stated I will be right there and went next door the the other building leaving nine children present with one teacher. The administrator stated she felt threatened, but didn't convey it to the teacher she called, and the preschool teacher stated she didn't know the administrator felt threatened, she is just a peace keeper and went over to help. I explained this was not a true emergency and that staff/child ratio was not maintained because the preschool teacher left her group on the playground with one teacher on the playground with nine children present, ranging in age of 1-3. 911 was not called. They saw me pull up and told the staff's parent to leave. That is when I observed both teachers leaving the building next door and walk towards the center entrance. I monitored violation cited during the 5-14-24 annual compliance visit and observed the following: 303 - Supervision was maintained today, this violation is considered corrected. 428 - Repeat Violation Current activity plans were not posted in either Space 3 or 4, they were dated for last week. You posted this weeks in both room during the visit. 620 - Walls were observed in good repair, you have contacted a painter and are covering areas to make them inaccessible until the painting is complete. This is considered corrected. 721 - Material and equipment were observed in good repair, this violation is considered corrected. 840 - Repeat violation - Lysol areosol spray was observed stored on top of the refrigerator. It was placed in a locked closet and the kitchen door was closed and locked during the visit. 858 - I did not observe any plastic bags or foam or anything that can be torn apart small enough to be swallowed. This violation is considered corrected. 860 - Balloons were removed during the annual compliance visit and I did not observe any in the center today. This violation is considered corrected. 1034 - Health Questionnaires were corrected during the last visit, and remain on file and are now current. This violation is considered corrected. 1035 - Emergency information was corrected during the last visit, current information was on file today. This is considered corrected. 1115 - The first aid kit and fire extinguisher were observed secured in the vehicle today, this violation is considered corrected. 1898 - Repeat Violation, one staff still has not completed all the required health and safety trainings, she did not complete the Medication in Child Care topic area. 1899 - Staff required to complete the training within 5 years of last completion, completed her health and safety and current training was observed on file. This violation is considered corrected. The following violations were observed today: Violation Number Comment Rule 318 Children between 12 and 24 months of age were grouped with children 3 years of age or older. Upon the consultants arrival, one staff member was on the playground with nine children ranging in age of 1-3 years. 10A NCAC 09 .0713(a)(6) 428 A current activity plan was not posted for each group of children for reference. Space 3 and 4 did not have a current activity plan posted, the plans posted were dated for last week. This is a repeat violation. GS 110-91(12); .0508(a) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. Lysol aerosol spray was observed on top of the kitchen refrigerator and the kitchen door was cracked open. This is a repeat violation. .2820(b) 1756 Enhanced staff/child ratios and group sizes were not met. Upon my arrival I observed two staff coming from the building next door, we walked into the center together. I observed the children coming in from outdoor play, one staff was with the nine children, ranging in age of 1-3 years of age. 10A NCAC 09 .2818 Compliance Statement: Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before 6-7-24. I will be returning in the very near future to monitor compliance to the violation cited today. Technical Assistance was provided on the following: Kitchen - I encourage you to place a "Keep Kitchen Door Closed and Locked" on the door to remind staff to close and lock the door when leaving the kitchen since cleaning supplies have been observed stored in that space. Training: I assisted the staff in enrolling in Medication for Child Care Health and Safety Training in Moodle today. This course is now under her courses to complete. Staff/Child Ratio - There is no reason staff at this center need to go to the building next door. You are keeping your office next door, however is you need to talk to staff or need something, you need to go to the center and talk to them. Staff need to count their children prior to leaving the group to ensure ratio is being maintained. They have the ratio's posted, the know the ages of the children, they need to count as they are moving about the center and when leaving a group to ensure ratio is maintained. Other: I provided the health behavior hotline information to you today. During the visit, two children were crying and staff stated they don't like being told no. I provided information regarding developmentally appropriateness, if telling a child they can't do something, you need to tell them what they can do, provide choices. I highly encourage you contact CCRI and have a behavioral specialist observe the groups and provide feedback to your teachers on working with children who have challenging behaviors. And I encourage them to utilize the hotline. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 . 0713 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/14/2024 Number Present: 8 Completed Date: 5/14/2024 Age: From 1 To 4 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance of applicable child care requirements during the annual compliance visit. The 18 month compliance history, prior to today's visit, was 90%. A checklist was used to monitor the facility today. Upon my arrival I knocked on the door. One staff came to the door, I introduced myself and explained the purpose of the visit. She allowed me entrance and stated the director was not present but would be returning very soon. I followed her to the back of the building to Space 3 where six children ranging from 2-4 were present. I explained that supervision was not maintained because she left her group unattended to answer the front door. She contacted the owner/administrator, I spoke with her by phone briefly, she stated she was on her way back to the facility. I began to monitor the facility. In the lobby/entrance I observed information required to be posted. I reviewed the emergency drill log and found it meeting compliance. You provided a compliance notebook, I reviewed the current Fire Inspection that was conducted on 12/21/2023, the sanitation inspection that was conducted on 12/6/23, the monthly playground inspections for the annual year and the current incident log, all were found meeting compliance. The EPR plan was also in a notebook available for my review today. The EMC plan was posted and the staff present upon my arrival is one of the staff listed on the EMC plan. I observed all other information required to be posted in the center, except for Space 3 did not have a current lesson plan posted, it was corrected during the visit. Currently two classrooms are in operation, the other two are closed and not in use. Space 3 had six children present upon my arrival. The children ranged in age of 2-4 years. The teacher stated she is the teacher for Space 4 and Space 3 teacher was running late today, once she arrives the children will go to their regular classrooms. As I was monitoring Space 3 the owner/director arrived. She completed the walkthrough with me. Space 3 staff arrived and Space 4 staff took her five children ranging in age of 3-4 to their classroom. A second child arrived to Space 3, leaving two children present with one staff. The children in Space 3 ranged in age from 1 - 2 years. While in Space 3 I observed paint peeling off the wall in the book center, it was covered with a poster during the visit. I observed two balloons on the floor of the cubby area, you removed them from the premise during the visit. One plastic storage bin holding blocks in the block center was cracked, you replaced it during the visit. A current activity plan was not posted, you posted the current plan during the visit. A teacher chair by the classroom door was torn and foam was exposed, also I observe plastic ziploc bags holding plastic forks on a table outside Space 3, your placed them in locked storage during the visit. The staff used nurturing tones as she talked to the children. She engaged them in an art activity and allowed them to play freely in centers. One of the children got very tired and feel asleep, she placed the child on a cot with clean linen and allowed him to rest. Space 4 was monitored. A three year old arrived during the visit and was greeted by the teacher. Children were observed in a teacher directed activity and large group. A current activity plan was reviewed and found meeting compliance. Material and equipment was observed in good repair. The teacher used nurturing tones as she spoke with children in care. A second teacher arrived during the visit. Enhanced staff/child ratios were observed maintained today. Supervision was not maintained with the teacher answered the door leaving her group in Space 3, this was corrected during the visit and I discussed this with you during the visit. You reported currently you do not have any children with medications on premise. The kitchen door was cracked open in the hallway by Space 2 and 3, I observed Lysol spray on top of the refrigerator. The refrigerator read 30 degrees. The current menu was observed posted and found meeting compliance. The outdoor environment was monitored today. Both groups use the back yard, which is a large fenced in grassy area. I observed gross motor material and riding toys accessible to children in care that was developmentally appropriate. It was raining today, so children did not go outdoors. You provide transportation for drop off and pick up. Today I monitored the vehicle. Required paperwork was reviewed and found meeting compliance. Van was in good condition. The first aid kit nor the fire extinguisher were secured or mounted, you corrected this during the visit. I reviewed the current staff and training worksheet against staff files today, please see violation section of this documentation. One child's file was reviewed today and found meeting compliance. The following violations were observed today: Violation Number Comment Rule 303 Children were not adequately supervised at all times. Upon my arrival the teacher in Space 3 left her group of children to answer the center front door. Space 3 cannot be seen from the lobby of the center. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. A current activity plan was not posted in Space 3. The plan posted was from April 2024. GS 110-91(12); .0508(a) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. I observed peeling paint from the wall in the book center of Space 3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. One storage bin was observed cracked, it was observed holding block on the shelf in Space 3. G.S. 110-91(6); .0601(b) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. The kitchen door was observed cracked open, a spray aerosol can of Lysol was observed stored on top of the refrigerator. .2820(b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. While in Space 3 I observed a teacher chair that was torn and the foam padding was exposed. I also observed a large piece of foam on a shelf in the cubby area. Outside of Space 3 I observed plastic ziplock bags stored on a shelf accessible to children in care. .0604(q) 860 Balloons were accessible to children. While in Space 3 I observed two balloons on the floor of the cubby area, that gate separating the classroom from the cubby area was open. .0604(q) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One staff's health questionnaire was completed on 5/2/23. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff's emergency information was last completed on 5/2/23. .0701(a) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. Neither the first aid kit or fire extinguisher observed in the van were secured nor mounted. 10A NCAC 09 .1003(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff have not completed all required topic areas of Health and Safety Training within their first year of employment. .1102(a) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One staff did not complete all the health and safety topic areas within five years of last completion. .1103(b) Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, Owner/administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before May 28, 2024. I will be conducting a follow up visit to verify compliance of the violations cited today within the next two weeks. Technical Assistance was provided on the following: Material in good repair and developmentally appropriate: I encourage you to have any classroom that serves children under 3 years old to store material in sturdy containers and not ziplock plastic bags since children can't have access to plastic bags that can easily be torn and chocked on. I encourage staff to notify you when items are broken or in poor repair. They should be removed immediately, if they cannot be then you will want to make the item out of compliance inaccessible to children in care until it can be repaired, replaced or removed. An opening/closing checklist staff use each day may help making sure items accessible each day are ready for use. Supervision - It was explained that today was not a typical day, usually there are two staff on site at all times. I explained that when only one staff is present and you need to leave the classroom, children need to go with you (to answer the door, retrieve material.) I also reminded you of 10A NCAC 09 . 0713(9)when only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for emergency relief: (A) the center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to provide emergency relief; or (B) there shall be a second adult on the premises who is available to provide emergency relief. I encourage you to post this information inside the kitchen door so staff know where it is located and can review. Your staff had your information when I arrived today. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1003 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/14/2024 Number Present: 8 Completed Date: 5/14/2024 Age: From 1 To 4 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance of applicable child care requirements during the annual compliance visit. The 18 month compliance history, prior to today's visit, was 90%. A checklist was used to monitor the facility today. Upon my arrival I knocked on the door. One staff came to the door, I introduced myself and explained the purpose of the visit. She allowed me entrance and stated the director was not present but would be returning very soon. I followed her to the back of the building to Space 3 where six children ranging from 2-4 were present. I explained that supervision was not maintained because she left her group unattended to answer the front door. She contacted the owner/administrator, I spoke with her by phone briefly, she stated she was on her way back to the facility. I began to monitor the facility. In the lobby/entrance I observed information required to be posted. I reviewed the emergency drill log and found it meeting compliance. You provided a compliance notebook, I reviewed the current Fire Inspection that was conducted on 12/21/2023, the sanitation inspection that was conducted on 12/6/23, the monthly playground inspections for the annual year and the current incident log, all were found meeting compliance. The EPR plan was also in a notebook available for my review today. The EMC plan was posted and the staff present upon my arrival is one of the staff listed on the EMC plan. I observed all other information required to be posted in the center, except for Space 3 did not have a current lesson plan posted, it was corrected during the visit. Currently two classrooms are in operation, the other two are closed and not in use. Space 3 had six children present upon my arrival. The children ranged in age of 2-4 years. The teacher stated she is the teacher for Space 4 and Space 3 teacher was running late today, once she arrives the children will go to their regular classrooms. As I was monitoring Space 3 the owner/director arrived. She completed the walkthrough with me. Space 3 staff arrived and Space 4 staff took her five children ranging in age of 3-4 to their classroom. A second child arrived to Space 3, leaving two children present with one staff. The children in Space 3 ranged in age from 1 - 2 years. While in Space 3 I observed paint peeling off the wall in the book center, it was covered with a poster during the visit. I observed two balloons on the floor of the cubby area, you removed them from the premise during the visit. One plastic storage bin holding blocks in the block center was cracked, you replaced it during the visit. A current activity plan was not posted, you posted the current plan during the visit. A teacher chair by the classroom door was torn and foam was exposed, also I observe plastic ziploc bags holding plastic forks on a table outside Space 3, your placed them in locked storage during the visit. The staff used nurturing tones as she talked to the children. She engaged them in an art activity and allowed them to play freely in centers. One of the children got very tired and feel asleep, she placed the child on a cot with clean linen and allowed him to rest. Space 4 was monitored. A three year old arrived during the visit and was greeted by the teacher. Children were observed in a teacher directed activity and large group. A current activity plan was reviewed and found meeting compliance. Material and equipment was observed in good repair. The teacher used nurturing tones as she spoke with children in care. A second teacher arrived during the visit. Enhanced staff/child ratios were observed maintained today. Supervision was not maintained with the teacher answered the door leaving her group in Space 3, this was corrected during the visit and I discussed this with you during the visit. You reported currently you do not have any children with medications on premise. The kitchen door was cracked open in the hallway by Space 2 and 3, I observed Lysol spray on top of the refrigerator. The refrigerator read 30 degrees. The current menu was observed posted and found meeting compliance. The outdoor environment was monitored today. Both groups use the back yard, which is a large fenced in grassy area. I observed gross motor material and riding toys accessible to children in care that was developmentally appropriate. It was raining today, so children did not go outdoors. You provide transportation for drop off and pick up. Today I monitored the vehicle. Required paperwork was reviewed and found meeting compliance. Van was in good condition. The first aid kit nor the fire extinguisher were secured or mounted, you corrected this during the visit. I reviewed the current staff and training worksheet against staff files today, please see violation section of this documentation. One child's file was reviewed today and found meeting compliance. The following violations were observed today: Violation Number Comment Rule 303 Children were not adequately supervised at all times. Upon my arrival the teacher in Space 3 left her group of children to answer the center front door. Space 3 cannot be seen from the lobby of the center. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. A current activity plan was not posted in Space 3. The plan posted was from April 2024. GS 110-91(12); .0508(a) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. I observed peeling paint from the wall in the book center of Space 3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. One storage bin was observed cracked, it was observed holding block on the shelf in Space 3. G.S. 110-91(6); .0601(b) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. The kitchen door was observed cracked open, a spray aerosol can of Lysol was observed stored on top of the refrigerator. .2820(b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. While in Space 3 I observed a teacher chair that was torn and the foam padding was exposed. I also observed a large piece of foam on a shelf in the cubby area. Outside of Space 3 I observed plastic ziplock bags stored on a shelf accessible to children in care. .0604(q) 860 Balloons were accessible to children. While in Space 3 I observed two balloons on the floor of the cubby area, that gate separating the classroom from the cubby area was open. .0604(q) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One staff's health questionnaire was completed on 5/2/23. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff's emergency information was last completed on 5/2/23. .0701(a) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. Neither the first aid kit or fire extinguisher observed in the van were secured nor mounted. 10A NCAC 09 .1003(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff have not completed all required topic areas of Health and Safety Training within their first year of employment. .1102(a) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One staff did not complete all the health and safety topic areas within five years of last completion. .1103(b) Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, Owner/administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before May 28, 2024. I will be conducting a follow up visit to verify compliance of the violations cited today within the next two weeks. Technical Assistance was provided on the following: Material in good repair and developmentally appropriate: I encourage you to have any classroom that serves children under 3 years old to store material in sturdy containers and not ziplock plastic bags since children can't have access to plastic bags that can easily be torn and chocked on. I encourage staff to notify you when items are broken or in poor repair. They should be removed immediately, if they cannot be then you will want to make the item out of compliance inaccessible to children in care until it can be repaired, replaced or removed. An opening/closing checklist staff use each day may help making sure items accessible each day are ready for use. Supervision - It was explained that today was not a typical day, usually there are two staff on site at all times. I explained that when only one staff is present and you need to leave the classroom, children need to go with you (to answer the door, retrieve material.) I also reminded you of 10A NCAC 09 . 0713(9)when only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for emergency relief: (A) the center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to provide emergency relief; or (B) there shall be a second adult on the premises who is available to provide emergency relief. I encourage you to post this information inside the kitchen door so staff know where it is located and can review. Your staff had your information when I arrived today. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/14/2024 Number Present: 8 Completed Date: 5/14/2024 Age: From 1 To 4 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance of applicable child care requirements during the annual compliance visit. The 18 month compliance history, prior to today's visit, was 90%. A checklist was used to monitor the facility today. Upon my arrival I knocked on the door. One staff came to the door, I introduced myself and explained the purpose of the visit. She allowed me entrance and stated the director was not present but would be returning very soon. I followed her to the back of the building to Space 3 where six children ranging from 2-4 were present. I explained that supervision was not maintained because she left her group unattended to answer the front door. She contacted the owner/administrator, I spoke with her by phone briefly, she stated she was on her way back to the facility. I began to monitor the facility. In the lobby/entrance I observed information required to be posted. I reviewed the emergency drill log and found it meeting compliance. You provided a compliance notebook, I reviewed the current Fire Inspection that was conducted on 12/21/2023, the sanitation inspection that was conducted on 12/6/23, the monthly playground inspections for the annual year and the current incident log, all were found meeting compliance. The EPR plan was also in a notebook available for my review today. The EMC plan was posted and the staff present upon my arrival is one of the staff listed on the EMC plan. I observed all other information required to be posted in the center, except for Space 3 did not have a current lesson plan posted, it was corrected during the visit. Currently two classrooms are in operation, the other two are closed and not in use. Space 3 had six children present upon my arrival. The children ranged in age of 2-4 years. The teacher stated she is the teacher for Space 4 and Space 3 teacher was running late today, once she arrives the children will go to their regular classrooms. As I was monitoring Space 3 the owner/director arrived. She completed the walkthrough with me. Space 3 staff arrived and Space 4 staff took her five children ranging in age of 3-4 to their classroom. A second child arrived to Space 3, leaving two children present with one staff. The children in Space 3 ranged in age from 1 - 2 years. While in Space 3 I observed paint peeling off the wall in the book center, it was covered with a poster during the visit. I observed two balloons on the floor of the cubby area, you removed them from the premise during the visit. One plastic storage bin holding blocks in the block center was cracked, you replaced it during the visit. A current activity plan was not posted, you posted the current plan during the visit. A teacher chair by the classroom door was torn and foam was exposed, also I observe plastic ziploc bags holding plastic forks on a table outside Space 3, your placed them in locked storage during the visit. The staff used nurturing tones as she talked to the children. She engaged them in an art activity and allowed them to play freely in centers. One of the children got very tired and feel asleep, she placed the child on a cot with clean linen and allowed him to rest. Space 4 was monitored. A three year old arrived during the visit and was greeted by the teacher. Children were observed in a teacher directed activity and large group. A current activity plan was reviewed and found meeting compliance. Material and equipment was observed in good repair. The teacher used nurturing tones as she spoke with children in care. A second teacher arrived during the visit. Enhanced staff/child ratios were observed maintained today. Supervision was not maintained with the teacher answered the door leaving her group in Space 3, this was corrected during the visit and I discussed this with you during the visit. You reported currently you do not have any children with medications on premise. The kitchen door was cracked open in the hallway by Space 2 and 3, I observed Lysol spray on top of the refrigerator. The refrigerator read 30 degrees. The current menu was observed posted and found meeting compliance. The outdoor environment was monitored today. Both groups use the back yard, which is a large fenced in grassy area. I observed gross motor material and riding toys accessible to children in care that was developmentally appropriate. It was raining today, so children did not go outdoors. You provide transportation for drop off and pick up. Today I monitored the vehicle. Required paperwork was reviewed and found meeting compliance. Van was in good condition. The first aid kit nor the fire extinguisher were secured or mounted, you corrected this during the visit. I reviewed the current staff and training worksheet against staff files today, please see violation section of this documentation. One child's file was reviewed today and found meeting compliance. The following violations were observed today: Violation Number Comment Rule 303 Children were not adequately supervised at all times. Upon my arrival the teacher in Space 3 left her group of children to answer the center front door. Space 3 cannot be seen from the lobby of the center. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. A current activity plan was not posted in Space 3. The plan posted was from April 2024. GS 110-91(12); .0508(a) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. I observed peeling paint from the wall in the book center of Space 3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. One storage bin was observed cracked, it was observed holding block on the shelf in Space 3. G.S. 110-91(6); .0601(b) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. The kitchen door was observed cracked open, a spray aerosol can of Lysol was observed stored on top of the refrigerator. .2820(b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. While in Space 3 I observed a teacher chair that was torn and the foam padding was exposed. I also observed a large piece of foam on a shelf in the cubby area. Outside of Space 3 I observed plastic ziplock bags stored on a shelf accessible to children in care. .0604(q) 860 Balloons were accessible to children. While in Space 3 I observed two balloons on the floor of the cubby area, that gate separating the classroom from the cubby area was open. .0604(q) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One staff's health questionnaire was completed on 5/2/23. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff's emergency information was last completed on 5/2/23. .0701(a) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. Neither the first aid kit or fire extinguisher observed in the van were secured nor mounted. 10A NCAC 09 .1003(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff have not completed all required topic areas of Health and Safety Training within their first year of employment. .1102(a) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One staff did not complete all the health and safety topic areas within five years of last completion. .1103(b) Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, Owner/administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before May 28, 2024. I will be conducting a follow up visit to verify compliance of the violations cited today within the next two weeks. Technical Assistance was provided on the following: Material in good repair and developmentally appropriate: I encourage you to have any classroom that serves children under 3 years old to store material in sturdy containers and not ziplock plastic bags since children can't have access to plastic bags that can easily be torn and chocked on. I encourage staff to notify you when items are broken or in poor repair. They should be removed immediately, if they cannot be then you will want to make the item out of compliance inaccessible to children in care until it can be repaired, replaced or removed. An opening/closing checklist staff use each day may help making sure items accessible each day are ready for use. Supervision - It was explained that today was not a typical day, usually there are two staff on site at all times. I explained that when only one staff is present and you need to leave the classroom, children need to go with you (to answer the door, retrieve material.) I also reminded you of 10A NCAC 09 . 0713(9)when only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for emergency relief: (A) the center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to provide emergency relief; or (B) there shall be a second adult on the premises who is available to provide emergency relief. I encourage you to post this information inside the kitchen door so staff know where it is located and can review. Your staff had your information when I arrived today. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
GS 110-91 · Violation
Name of Operation: The Phoenix Academy Facility ID: 60003176 Consultant: ANDREA ANDERSON Operation Type: Center Case Number: Visit Date: 5/14/2024 Number Present: 8 Completed Date: 5/14/2024 Age: From 1 To 4 Total Minutes: 240 Time In: 09:30 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance of applicable child care requirements during the annual compliance visit. The 18 month compliance history, prior to today's visit, was 90%. A checklist was used to monitor the facility today. Upon my arrival I knocked on the door. One staff came to the door, I introduced myself and explained the purpose of the visit. She allowed me entrance and stated the director was not present but would be returning very soon. I followed her to the back of the building to Space 3 where six children ranging from 2-4 were present. I explained that supervision was not maintained because she left her group unattended to answer the front door. She contacted the owner/administrator, I spoke with her by phone briefly, she stated she was on her way back to the facility. I began to monitor the facility. In the lobby/entrance I observed information required to be posted. I reviewed the emergency drill log and found it meeting compliance. You provided a compliance notebook, I reviewed the current Fire Inspection that was conducted on 12/21/2023, the sanitation inspection that was conducted on 12/6/23, the monthly playground inspections for the annual year and the current incident log, all were found meeting compliance. The EPR plan was also in a notebook available for my review today. The EMC plan was posted and the staff present upon my arrival is one of the staff listed on the EMC plan. I observed all other information required to be posted in the center, except for Space 3 did not have a current lesson plan posted, it was corrected during the visit. Currently two classrooms are in operation, the other two are closed and not in use. Space 3 had six children present upon my arrival. The children ranged in age of 2-4 years. The teacher stated she is the teacher for Space 4 and Space 3 teacher was running late today, once she arrives the children will go to their regular classrooms. As I was monitoring Space 3 the owner/director arrived. She completed the walkthrough with me. Space 3 staff arrived and Space 4 staff took her five children ranging in age of 3-4 to their classroom. A second child arrived to Space 3, leaving two children present with one staff. The children in Space 3 ranged in age from 1 - 2 years. While in Space 3 I observed paint peeling off the wall in the book center, it was covered with a poster during the visit. I observed two balloons on the floor of the cubby area, you removed them from the premise during the visit. One plastic storage bin holding blocks in the block center was cracked, you replaced it during the visit. A current activity plan was not posted, you posted the current plan during the visit. A teacher chair by the classroom door was torn and foam was exposed, also I observe plastic ziploc bags holding plastic forks on a table outside Space 3, your placed them in locked storage during the visit. The staff used nurturing tones as she talked to the children. She engaged them in an art activity and allowed them to play freely in centers. One of the children got very tired and feel asleep, she placed the child on a cot with clean linen and allowed him to rest. Space 4 was monitored. A three year old arrived during the visit and was greeted by the teacher. Children were observed in a teacher directed activity and large group. A current activity plan was reviewed and found meeting compliance. Material and equipment was observed in good repair. The teacher used nurturing tones as she spoke with children in care. A second teacher arrived during the visit. Enhanced staff/child ratios were observed maintained today. Supervision was not maintained with the teacher answered the door leaving her group in Space 3, this was corrected during the visit and I discussed this with you during the visit. You reported currently you do not have any children with medications on premise. The kitchen door was cracked open in the hallway by Space 2 and 3, I observed Lysol spray on top of the refrigerator. The refrigerator read 30 degrees. The current menu was observed posted and found meeting compliance. The outdoor environment was monitored today. Both groups use the back yard, which is a large fenced in grassy area. I observed gross motor material and riding toys accessible to children in care that was developmentally appropriate. It was raining today, so children did not go outdoors. You provide transportation for drop off and pick up. Today I monitored the vehicle. Required paperwork was reviewed and found meeting compliance. Van was in good condition. The first aid kit nor the fire extinguisher were secured or mounted, you corrected this during the visit. I reviewed the current staff and training worksheet against staff files today, please see violation section of this documentation. One child's file was reviewed today and found meeting compliance. The following violations were observed today: Violation Number Comment Rule 303 Children were not adequately supervised at all times. Upon my arrival the teacher in Space 3 left her group of children to answer the center front door. Space 3 cannot be seen from the lobby of the center. .1801(a)(1-5) 428 A current activity plan was not posted for each group of children for reference. A current activity plan was not posted in Space 3. The plan posted was from April 2024. GS 110-91(12); .0508(a) 620 All walls and ceilings including doors and windows were not kept clean, free of visible fungal growth, and in good repair. I observed peeling paint from the wall in the book center of Space 3. 15A NCAC 18A .2825(a) 721 All equipment and furnishings were not in good repair. One storage bin was observed cracked, it was observed holding block on the shelf in Space 3. G.S. 110-91(6); .0601(b) 840 All corrosive agents, pesticides, bleaches, detergents, cleansers, polishes, any product which is under pressure in an aerosol dispenser, and any substance which may be hazardous to a child if ingested, inhaled, or handled were not stored in a locked room or cabinet. The kitchen door was observed cracked open, a spray aerosol can of Lysol was observed stored on top of the refrigerator. .2820(b) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. While in Space 3 I observed a teacher chair that was torn and the foam padding was exposed. I also observed a large piece of foam on a shelf in the cubby area. Outside of Space 3 I observed plastic ziplock bags stored on a shelf accessible to children in care. .0604(q) 860 Balloons were accessible to children. While in Space 3 I observed two balloons on the floor of the cubby area, that gate separating the classroom from the cubby area was open. .0604(q) 1034 All staff, including the director, did not have an annual health questionnaire on file following the initial medical statement. One staff's health questionnaire was completed on 5/2/23. .0701(a) 1035 Child care providers, including the director, uncompensated providers, substitute providers, and volunteers did not have the required Emergency Information Form on file on or before the first day of work, which included all the required information and/or the information on the form was not updated as changes occur and at least annually. One staff's emergency information was last completed on 5/2/23. .0701(a) 1115 First aid kit and/or fire extinguisher was not located in vehicle; kit and/or extinguisher was not mounted or secured if in passenger area. Neither the first aid kit or fire extinguisher observed in the van were secured nor mounted. 10A NCAC 09 .1003(c) 1898 Staff did not complete the health and safety training within one year of employment. Two staff have not completed all required topic areas of Health and Safety Training within their first year of employment. .1102(a) 1899 Health and safety training topics were not included as part of on-going training within five years of completing the previous health and safety training topics. One staff did not complete all the health and safety topic areas within five years of last completion. .1103(b) Childcare providers are expected to maintain compliance with all applicable child care requirements at all times. All violations cited today shall be corrected immediately. Shirley Torrence, Owner/administrator, will email a compliance letter explaining how each violation cited today has been corrected. The compliance letter must be received by the consultant, andrea.anderson@dhhs.nc.gov, on or before May 28, 2024. I will be conducting a follow up visit to verify compliance of the violations cited today within the next two weeks. Technical Assistance was provided on the following: Material in good repair and developmentally appropriate: I encourage you to have any classroom that serves children under 3 years old to store material in sturdy containers and not ziplock plastic bags since children can't have access to plastic bags that can easily be torn and chocked on. I encourage staff to notify you when items are broken or in poor repair. They should be removed immediately, if they cannot be then you will want to make the item out of compliance inaccessible to children in care until it can be repaired, replaced or removed. An opening/closing checklist staff use each day may help making sure items accessible each day are ready for use. Supervision - It was explained that today was not a typical day, usually there are two staff on site at all times. I explained that when only one staff is present and you need to leave the classroom, children need to go with you (to answer the door, retrieve material.) I also reminded you of 10A NCAC 09 . 0713(9)when only one caregiver is required to meet the staff/child ratio, the operator shall select one of the following options for emergency relief: (A) the center shall post the name, address, and telephone number of an adult who has agreed in writing to be available to provide emergency relief; or (B) there shall be a second adult on the premises who is available to provide emergency relief. I encourage you to post this information inside the kitchen door so staff know where it is located and can review. Your staff had your information when I arrived today. If you have any questions please contact me Andrea Anderson 12233 Royal Castle Ct Charlotte, NC 28277 andrea.anderson@dhhs.nc.gov (704)594-0039 If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
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