VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Open Arms Christian Child Development Center
43115 Waxpool Road
Ashburn, VA 20148
(703) 729-9144

Current Inspector: Sarah Marbert (703) 479-4678

Inspection Date: Jan. 27, 2020 , Jan. 30, 2020 and Feb. 11, 2020

Complaint Related: No

Areas Reviewed:

22VAC40-185 ADMINISTRATION. 22VAC40-185 STAFF QUALIFICATIONS AND TRAINING. 22VAC40-185 PHYSICAL PLANT. 22VAC40-185 STAFFING AND SUPERVISION. 22VAC40-185 PROGRAMS. 22VAC40-191 Background Checks (22VAC40-191) 63.2 Child Abuse & Neglect

Technical Assistance:

Discussed with center Director, systems in place to cover bathroom breaks during naptime.

Comments:

An investigation was conducted on 1/27/2020, from 11:00am to 2:30pm and a follow up was conducted on 1/30/2020, from 11:30am to 2:00pm and on 2/11/2020, from 3:00pm to 4:45pm, in response to a self-reported incident reported to the Fairfax Licensing Office on 1/24/2020 regarding forbidden actions and care, protection and guidance. Based on interviews conducted, observations and review of documentation and written statements, the preponderance of evidence gathered during the investigation does support the allegations. If you have any questions, please contact Maria Soto at maria.soto@dss.virginia.gov

Violations:

Standard #:	22VAC40-185-40-E
Description:	Based on review of the center's policies and procedures, and staff interviews, it was determined that the center did not ensure that staff followed the center's own policies and procedures required by the standards regarding discipline policies. Evidence: 1. The center's policy on discipline practices states: "Open Arms is committed to providing a safe and positive learning environment for all children. The school?s behavior practices encourage children to develop social skills that reflect many of Open Arm?s values, including self-control, respect for others, and a positive self-esteem. Teachers model appropriate behavior and guide positive interactions among children and adults. Nurturing these social skills is a central component of our school, and it helps children grow as successful, lifelong learners. Open Arms? commitment to an age-appropriate and play-based curriculum ensures that activities are child-centered and promote positive social interactions. Teachers carefully craft the environment, communicate and enforce clear boundaries and expectations for behavior, and use nonverbal cues and/or redirection of a child?s behavior to foster success. When a problem arises, the teacher relies on modeling appropriate behavior, teaching peacemaking skills, and presenting stories or scenarios that reinforce the desired behavior. Children learn to make suitable choices and develop techniques for regaining self-control when they feel frustrated. An example of this is the Cozy Corner, a calming area of the classroom where kids can cool off. Instructive and individually appropriate consequences help to strengthen the child?s self-control and self-esteem." 2. On 1/23/2020, Staff#1 did not follow the center's discipline policy when the staff member used a forbidden action as a method of discipline. Staff#1 used duct tape to bind Child#1's, age 4, ankles together during naptime to restrict movement to prevent the child from kicking a shelf. 3. Staff#1 did not: A) Provide a safe and positive learning environment for all children, and they did not model appropriate behavior and positive interactions among children and adults. B) Communicate and enforce clear boundaries and expectations for behavior, and did not use nonverbal cues and/or redirection of a child?s behavior to foster success.
Plan of Correction:	Ongoing training throughout the year. Individual touch bases with all staff. Teacher observations throughout year. Monthly staff meetings. On January 30th all staff were retrained on Positive Child Guidance, Forbidden Actions, and what it means to be a Mandated State Reporter. On February 17th during Professional Development Day all staff were retrained by SCAN about Child Abuse and Neglect.
Standard #:	22VAC40-185-70-A
Description:	Based on record review, the facility did not keep in staff records documentation to substantiate that two or more references as to character and reputation as well as competency were checked for each staff member before employment. Evidence: 1. The records of Staff#1 (DOH: 8/23/2019) and Staff#2 (DOH: 12/20/2019) did not contain two or more documented references. 2. The director confirmed with a staff member in human resources that the references had not been obtained and were not in the facility.
Plan of Correction:	All files have been audited and updated with missing paperwork.
Standard #:	22VAC40-185-340-A
Description:	Based on staff interviews and document review, staff supervising children did not always ensure their care, protection and guidance. Evidence: 1. Staff#1 stated that on 1/23/2020, the day of the incident: A) Children attending their classroom were not allowed to use the restroom during naptime unless it was an emergency, children either needed to use the restroom before naptime or after naptime. B) During naptime, Child#1, age 4, asked to use the restroom. C) They told Child#1 to wait for Staff#2 to get back to the 4-5 year old classroom (Azaleas classroom) from their break. D) Child#1 told them that they couldn't wait to use the restroom, but Staff#1 stated that they didn't believe the child couldn't wait. 2. At approximately 1:50pm Child#1, age 4, informed Staff#1 that they had an accident. The child was not immediately changed. Staff#2 stated that they were not aware that the child had an accident until Staff#1 came back from their break at approximately 2:45pm. Child#1 remained in soiled clothing for approximately 55 minutes. 3. Staff#3 stated that on 1/23/2020, they stopped by the 4-5 year old classroom (Azaleas classroom) and the classroom was having naptime. They observed Child#2, age 4, urinating in the classroom's trashcan while Staff#1 was supervising the classroom.
Plan of Correction:	On January 30th it was reiterated that children may use the bathroom at will and will not be prevented to use the bathroom as needed, no exception. Additional staff have been added to the classrooms during naptime to be available for teachers and children for bathroom breaks. Administration is always also available to help teachers specially with behavior. bathroom breaks, and accidents.
Standard #:	22VAC40-185-410-1
Description:	Based on interviews, a staff member used a forbidden action by restricting movement through binding or tying as punishment. Evidence: 1. Staff#1 stated that on 1/23/2020 during naptime: A) "Child#1, age 4, was not going to sleep and was kicking a shelf while the rest of the children were sleeping" and B) they made the comment to Child#1 "If you don't stop kicking, I'm going to tape your feet up." 2. Staff#2 stated that upon returning to the 4-5 year old classroom (Azaleas classroom) from their lunch break at approximately 2:10pm, they found Child#1, age 4, lying down on their cot crying while being supervised by Staff#1. 3. Staff#2 stated that they approached Child#1, age 4, and found that the child's ankles had been duct taped together, and that Child#1, age 4, was moving around trying to take the duct tape off. 4. Child#1 told Staff#2 that their legs were hurting. 5. Staff#2 stated that they observed Staff#1 roll out more duct tape and say to Child#1 that, "they would duct tape them to the cot if they didn't stop." Staff#2 stated that then Staff#1 walked out of the classroom to go on their lunch break. 6. Staff#2 stated that they immediately tried to take off the duct tape but it was placed so tightly around the child's ankles, they had to use scissors to cut the duct tape off.
Plan of Correction:	Upon learning of the incident, the teacher was immediately terminated (1/24/2020) On January 30th all staff were retrained on Positive Behavioral Guidance, Forbidden Actions, and what it means to be a Mandated State Reporter. On February 17th during Professional Development Day, all staff were retrained by SCAN of Northern Virginia about recognizing child abuse and neglect and mandatory reporting.