VIRGINIA DEPARTMENT OF SOCIAL SERVICES

KinderCare Learning Center at Diamond Springs
990 Diamond Springs Rd.
Virginia beach, VA 23455
(757) 671-7370

Current Inspector: Heather Harrell (757) 334-4329

Inspection Date: Sept. 27, 2023

Complaint Related: No

Areas Reviewed:

8VAC20-780 Administration. 8VAC20-780 Staff Qualifications and Training. 8VAC20-780 Physical Plant. 8VAC20-780 Staffing and Supervision. 8VAC20-780 Programs. 8VAC20-780 Special Care Provisions and Emergencies 8VAC20-780 Special Services. 8VAC20-820 THE LICENSE. 8VAC20-820 THE LICENSING PROCESS. 8VAC20-770 Background Checks (8VAC20-770) 20 Access to minor's records 22.1 Background Checks Code, Carbon Monoxide 63.2 Child Abuse & Neglect

Comments:

An unannounced renewal inspection was conducted on 9/27/23 from 10:45am until 2:15pm. At the time of entrance, there were 46 children in care with 10 staff present. A sample of 6 children's records and 6 staff records were reviewed. Children were observed engaging in free play, eating lunch and resting quietly during nap time. Lunch service procedures, diapering, restroom and handwashing procedures were also observed. A self-reported incident that occurred on 9/18/23 involving a staff/child interaction was also reviewed during this inspection. Areas of noncompliance are identified on the violation notice and were discussed with the director in an exit meeting at the conclusion of this inspection.

Violations:

Standard #:	22.1-289.035-A
Description:	Based on record review and interview, the center did not ensure that employees submit to a search of the central registry every five years from the date of the last search. Evidence: 1. The record for staff 1 does not contain a current central registry search result. The last documented central registry search result for staff 1 was in 2017. Staff 1 was due for an updated search of the central registry in 2022. 2. The center director confirmed that the record for staff 1 is lacking documentation of a current search of the central registry.
Plan of Correction:	The center responded with the following: Center Director has obtained an updated Central Registry Search for staff 1 dated 10/5/2023. It has been placed in their file.
Standard #:	8VAC20-780-130-E
Description:	Repeat Violation Based on record review and interview, the center did not ensure that additional immunizations for children under the age of two years is obtained once every six months. Evidence: 1. The record for child 2 (under 2 y/o) does not contain documentation of updated immunizations. The last signed immunization record was dated 1/24/23. 2. The record for child 3 (under 2 y/o) did not contain documentation of updated immunizations. The last signed immunization record was dated 1/24/23. 3. The center director confirmed that the records for child 2 and child 3 do not contain documentation of updated immunizations.
Plan of Correction:	The center responded with the following: Updated Immunizations have been received for child 3 on 9/28/2023 and child 2 on 10/11/2023.
Standard #:	8VAC20-780-160-A
Description:	Repeat Violation Based on record review and interview, the center did not ensure that each staff member shall submit documentation of a negative tuberculosis screening at the time of employment and prior to coming into contact with children. Evidence: 1. Staff 2 has a documented date of hire of 6/1/23. Documentation of a tuberculosis screening for staff 2 was not obtained by the center until 6/14/23. 2. The center director confirmed that the TB screening for staff 2 was not obtained until after staff 2 began employment and after coming into contact with children.
Plan of Correction:	The center responded with the following: Moving forward, all new staff will have documentation of a negative TB screening prior to coming in contact with children.
Standard #:	8VAC20-780-40-E
Description:	Based on interviews and a review of the center's policies, the center failed to ensure that the operational responsibilities of the licensee shall ensure that the center's services are maintained in compliance with the center's own policies and procedures that are required by these standards. Evidence: The center failed to follow their written policy for Guidance, Protection of and Respect for Children as demonstrated by the following incident: 1. The center's policy for unacceptable child guidance states "Employees must adhere to all applicable state and local laws governing child guidance or discipline. Employees are required to use positive guidance techniques and to refrain from any unacceptable measures when caring for children on behalf of the Company. Any kind of physical discipline or corporal punishment, including but not limited to hitting, pinching, pushing, biting or grabbing a child is unacceptable". a. It was reported that on 9/18/23, child 4 was hit on his right arm by staff 5. b. The center director confirmed that staff 5 did not follow the center's policy on unacceptable child guidance.
Plan of Correction:	The center responded with the following: All staff will be trained on acceptable child guidance and given a copy of KinderCare's policy on Guidance, Protection and Respect for children in order to prevent any future incidences from occurring. The training will take place during our next staff meeting on 10/17/2023.
Standard #:	8VAC20-780-60-A
Description:	Repeat Violation Based on record review and interview, the center did not ensure that children's records contain all the required information. Evidence: 1. The record for child 1 (date of enrollment: 8/10/23) contains only one name, address and phone number of a designated person to call in an emergency if a parent cannot be reached, where two are required. 2. The center director confirmed that the record for child 1 is lacking one of the two required emergency contacts.
Plan of Correction:	The center responded with the following: The record for child 1 has been updated with an additional emergency contact.
Standard #:	8VAC20-780-70
Description:	Based on record review and interview, the center did not ensure that staff records contain all the required information. Evidence: 1. The record for staff 5 (date of hire: 2/1/23) does not contain documentation that two or more references as to character and reputation as well as competency were checked before employment. 2. The center director confirmed that the record for staff 5 is lacking documentation of the required reference checks.
Plan of Correction:	The center responded with the following: Moving forward Center Director will make sure all employee files contain 2 references.
Standard #:	8VAC20-780-270-A
Description:	Based on observation and interview, the center did not ensure that areas and equipment, inside and outside, shall be maintained in a clean, safe and operable condition. Evidence: 1. On one of the two center's buses used to transport children, there is an approximately 18 inch tear with exposed stuffing on the back of one seat and a hole on the back of another seat. 2. The center director confirmed that the center's bus has not been maintained in a safe condition.
Plan of Correction:	The center responded with the following: Center director has reached out to the maintenance person who handles all maintenance for the center's buses. He has put in a work order to have the seats repaired.
Standard #:	8VAC20-780-330-B
Description:	Repeat Violation Based on measurement and interview it was determined the center did not ensure that where playground equipment is provided, resilient surfacing shall comply with minimum safety standards when tested in accordance with the procedures described in the American Society for Testing and Materials standard F1292-99. Evidence: 1. There was approximately 1 inch of mulch in the fall zones of the playground equipment on the Pre-K playground, where 6 inches are required. 2. The center director confirmed that there was not at least 6 inches of resilient surfacing in the fall zones of the playground equipment on the pre-K playground.
Plan of Correction:	The center responded with the following: A work order for the mulch had been previously placed on 9/13/2023. Center director received notice today that the center is scheduled to receive the mulch on 10/16.
Standard #:	8VAC20-780-340-D
Description:	Based on observation and interview, the center did not ensure that in each grouping of children at least one staff member who meets the qualifications of a program leader shall be regularly present. Evidence: 1. During the inspection, staff 3 was observed working alone in the Pre-K classroom with 8 children. Staff 3 is not program leader qualified. 2. The center director confirmed that staff 3 is not program leader qualified. The center director additionally confirmed that staff 3 is the only staff person working in the Pre-K classroom from 9:00am until 12:30pm on a regular basis.
Plan of Correction:	The center responded with the following: Staff 3 has not worked alone in a classroom as of 9/27/2023. A lead qualified teacher has been placed in the Pre-k classroom.
Standard #:	8VAC20-780-410-1
Description:	Based on interviews and a review of center documentation, it was determined the center failed to ensure that physical punishment, striking a child, roughly handling or shaking a child is forbidden. Evidence: 1. The center self-reported that on 9/18/23, child 4 was hit on his right forearm by staff 5. 2. Staff 6 stated that on 9/18/23 she opened the door to the Pre-K classroom and observed staff 5 hit child 4 on his right forearm. Staff 6 stated staff 5 was facing away from her and did not see her standing at the door. She stated that child 4 was sitting on the the carpet by a bookshelf and was running his hand up the side of the shelf. Staff 5 stated "Didn't I tell you to stop doing that?" in a loud voice and then hit child 4 on his right forearm. Staff 6 stated she heard a "popping" sound and that child 4 started screaming and grabbed his arm. Staff 6 stated she immediately reported what she witnessed to the center director. 3. Staff 6 stated that when she went back into the classroom approximately 10 minutes after witnessing the incident, child 4 stated to her that staff 5 "just hit me on my arm".
Plan of Correction:	The center responded with the following: Staff 5 was placed on Administrative Leave on 9/18/2023 following the incident.
Standard #:	8VAC20-780-500-A
Description:	Based on observation, the center did not ensure that staff shall wash their hands with soap and running water before and after a diaper change. Evidence: On the day of the inspection, the licensing inspector observed staff 4 in the two's classroom changing 6 children's diapers without washing her hands with soap and running water before and after each diaper change.
Plan of Correction:	The center responded with the following: Center Director spoke with staff 4, along with all teachers in the class, the day of about proper diaper and hand washing procedures. They have been re-trained and diapering procedures have been updated and posted in the classroom.
Standard #:	8VAC20-780-550-G
Description:	Based on a review of the emergency drill log and interview, the center did not ensure that documentation of emergency practice drills contain all the required elements. Evidence: 1. The emergency drill log for the center does not include the method used for notification of the drill, the number of staff participating, any special conditions simulated, problems encountered or the weather conditions. 2. The center director confirmed that the center's emergency drill log does not contain the above required elements.
Plan of Correction:	The center responded with the following: The correct Emergency Drill Log has been printed and is being used.