VIRGINIA DEPARTMENT OF SOCIAL SERVICES

YMCA of the Virginia Peninsulas-Westside Elementary School
800 West Main Street
Smithfield, VA 23430
(757) 647-2974

Current Inspector: Melinda Popkin (757) 802-5281

Inspection Date: Jan. 16, 2024

Complaint Related: Yes

Areas Reviewed:

8VAC20-780 Administration. 8VAC20-780 Staff Qualifications and Training. 8VAC20-780 Staffing and Supervision. 8VAC20-780 Programs. 8VAC20-780 Special Care Provisions and Emergencies 8VAC20-770 Background Checks 63.2 Child Abuse & Neglect

Comments:

An unannounced complaint inspection was conducted at the program on 1/16/2024 from 3:00 pm to 5:22 pm, in response to a complaint that was received in the licensing office on 1/11/2024 regarding alleged noncompliance in the areas of The Code of Virginia 63.2-1509 Abuse and Neglect Reporting, Supervision of Children, Behavior Guidance and Forbidden actions. One staff record and one child record were reviewed. Three staff were interviewed on site. Children were observed during snack time, participating in table activities and playing gross motor games in the gymnasium during the inspection. A recorded interview which was conducted by the local agency on 1/3/2024 was reviewed on 1/31/2024. Additional interviews of collateral witnesses took place on 1/22/2024, 1/29/2024, 2/2/2024 and 2/7/2024. Information gathered during the inspection determined non-compliance with applicable standards or law and violations were documented on the violation notice issued to the program. Evidence gathered was sufficient to support the allegations, therefore, the complaint is determined to be Valid.

Violations:

Standard #:	63.2-1509-A
Complaint related:	Yes
Description:	Based on a review of documentation and interviews, the licensee and staff persons working at the before and after school program, who are mandated reporters, failed to immediately report to the local department or to the Department of Social Services? toll-free child abuse and neglect hotline, a reasonable suspicion that the abuse of a child in their care may have occurred. Evidence: On the afternoon of 12/6/2023, staff #1 overheard child #2?s verbal account that she witnessed an incident between staff #2 and a 9 year old child in care (child #1) in which staff #2 ?pinned [child #1] to the trashcan, punched [child #1] in the chest and squirted a [juicebox] on [child #1]? earlier that afternoon. Immediately upon hearing child #2?s account of the alleged incident, staff #1 reported the account to staff #3, who is the direct supervisor of staff #2 Both Staff #1 and Staff #3 stated that they reported child #2?s account of these events to their immediate supervisor, Staff #4, on the same day that the incident allegedly occurred. Staff #2 stated at an interview on 1/16/2024, that she had never been questioned, counselled or followed up with by staff #4 or any other members of administration regarding her interactions with child #1 on 12/6/2023. The local department received a report of child #1?s alleged abuse on 12/26/2023, 20 days after the incident occurred.
Plan of Correction:	The following written response was received from the program on 2/27/2024: "We are having conversations with staff to ensure they understand proper communication channels are followed. We are going over the appropriate and correct ways to report negative, or possibly abusive, behavior."
Standard #:	8VAC20-780-400-B
Complaint related:	Yes
Description:	Based on interviews and a review of documentation, staff did not always guide children's behavior in a constructive, age and stage appropriate manner, with the intention of redirecting children to appropriate behavior and resolving conflicts. Evidence: On 12/6/2023, staff #2?s response to (child #1) a nine-year-old child?s misbehavior was not constructive, nor did staff #2?s response guide child #1 toward appropriate behavior to resolve conflicts. Child #1 stated in interviews on 1/3/2024 and 2/7/2024 that he and staff #2 were ?playfighting? after he took staff #2?s chair and that staff #2 put her hands on his neck and shoulders. Child #1 further stated that ?I told her 'I do not like anyone to touch my neck' and she said `okay? ?. Child #1 stated that it made him ?uncomfortable" when staff put her hands on his shoulder and neck. Child #1 stated that staff #2 squeezed a juice-box that she was holding but that it squirted on the floor and did not get on him. When asked why staff #2 squeezed the juice-box child #1 replied that it was ?for revenge? but would not elaborate further. Staff #2 stated in an interview on 1/16/2024 that she ?wasn?t actually pushing? child #1 and that child #1 ?kept playing.? ?I kept telling him to stop but he kept touching me. I said `Stop ? I?m a teacher!? ?
Plan of Correction:	The following written response was received from the program on 2/27/2024: "Staff are being trained on the appropriate ways to correct and guide positive behavior."