8VAC20-780-270-A · Based on observation and interview, the center failed to ensure areas and equipment of the center, inside and outside, shall be maintained in a clean, safe, and operable condition.

Evidence: In the three year old classroom there was chipped paint approximately 4ft in length on the wall where a door was removed and the wall closed in. Staff #6 confirmed the paint on the seam was chipping.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

8VAC20-780-280-B · Repeat Violation

Based on observation and interview, the center failed to ensure that hazardous substances were kept in a locked place using a safe locking method that prevents access by children. Evidence: In the hallway on a shelf accessible to children was a tub of joint compound/spackle. The label on the tub stated "keep out of reach of children" and "caution." Staff 1 confirmed the tub was on the shelf and not locked.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.

8VAC20-780-340-A · Based on a review of records and interview, the center failed to ensure when staff are supervising children, they shall always ensure their care, protection, and guidance.

Evidence: 1. An interview with staff #3 revealed that on July 20, 2023, infant #2 was fed approximately 2 ounces of breastmilk belonging to infant #1. 2. According to a written statement from staff #1, staff #1 warmed infant #1's bottle, handed it to staff #2, and staff #2 gave the bottle to infant #2, feeding infant #2 approximately 2 ounces of breastmilk belonging to infant #1.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

22.1-289.035-B-4 · Based on a review of records and interview on 06/08/2023, the center failed to ensure to obtain a copy of the results of a criminal history record check and sex offender registry check prior to the first day of employment from any state in which the applicant has resided in the preceding five years and did not request an out-of-state search of the child abuse and neglect registry or equivalent by the end of the 30th day of employment for each employee who has resided in any other state in the preceding five years.

Evidence: 1. The record of staff #4, hired 07/01/2021, did not contain documentation of an out-of-state central registry check, out-of-state sex offender registry check and an out-of-state criminal history check. Staff #4 identified living in another state in the previous five years on the staff's sworn disclosure statement. Staff #6 confirmed the out-of-state checks were not completed. 2. The record of staff #5, hired 02/24/2023, contained documentation of an out-of-state sex offender check dated 03/16/23. Staff #5 indicated living in another state in the previous five years on the staff's sworn disclosure statement. Staff #6 confirmed the out-of-state sex offender check was not completed prior to hire.

Open Not marked corrected in the state record

Category: background checks. Open / not marked corrected.

8VAC20-780-410-1 · Based on interview and review of documentation and video, the center failed to ensure that roughly handling a child was forbidden.

Evidence: 1. In an interview with staff #2 on 02/09/2023, it was reported that on 02/08/2023 infant #1 began crying while sitting in a rocking chair and staff #2 unstrapped the infant and put the infant on the staff's chest, facing outward, and then staff #2 "whips" infant #1 around and rocked the infant roughly. Staff #1 stated the incident can be observed via camera footage taken on the center's cameras. 2. The written statement by staff #1, dated 02/08/2023, states that staff #2 "appeared frustrated/agitated" as infant #1 began to cry. Staff #2 "preceded [sic] to roughly rock the chair" infant #1 was in. Infant #1 continued crying and staff #2 "roughly pulled" the infant out of the chair "with no regard to his neck." Staff #2 held the infant to the staff's chest and then "swung him around very roughly" into an infant cradling position and then rocked infant #1 "roughly" while patting the infant's bottom. 3. A review of video evidence showed infant #1 sitting in a rocking chair and crying while flailing his arms and legs. Staff #2 was sitting near infant #1 and rocking the chair roughly with the staff's hand. As infant #1 continues to cry more aggressively, arching his back, staff #2 roughly pulls infant #1 (age 5 months) by the left arm out of the rocker chair, aggressively turns the infant around onto the staff's lap facing outward, and roughly turns the infant around again to face the staff without stabilizing the infant's head and neck. When this occurs, the infant's head bounces around from left to right approximately six times. Staff #2 then begins to roughly pat infant #1 on the bottom while rocking the infant in an infant cradle position. 4. In an interview with staff #2 on 02/21/2023, staff #2 said all the babies were crying, she needed to calm them down, and she "can't please them." Staff #2 admitted she picked up infant #1 by one arm stating, "I know I picked him up by one arm. That was my mistake. You can break an arm that way. I should've picked him up with two hands. I was trying to shake him to calm him."

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

22.1-289.058 · Based on observation and staff interview on October 25, 2022, the center failed to ensure that each building that was built before 2015 and that house a day program that is licensed and serves preschool-age children shall be equipped with at least one carbon monoxide detector.

Evidence: 1. Pre-school aged children were observed in care. 2. Staff #5 confirmed that both licensed buildings of the center did not have a carbon monoxide detector.

Open Not marked corrected in the state record

Category: physical safety. Open / not marked corrected.