VIRGINIA DEPARTMENT OF SOCIAL SERVICES

Learning Paths Academy @ Belmont #43
43900 Russell Branch Parkway
Ashburn, VA 20147
(571) 442-8358

Current Inspector: Stacy Doyle (571) 835-0386

Inspection Date: Aug. 5, 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. 22VAC40-185 SPECIAL CARE PROVISIONS AND EMERGENCIES.

Technical Assistance:

1. Discussed the importance of communications (written and verbal) with parents about injuries. 2. Reviewed requirements for indoor climbing equipment and resilient surfacing.

Comments:

This inspection was conducted by licensing staff using an alternative remote protocol, necessary due to a state of emergency health pandemic declared by the Governor of Virginia. An on-site inspection of the center was not conducted. An inspection was conducted in response to a self-reported serious injury of a child requiring medical attention. Interviews conducted, records reviewed, research completed, and observations made through photo documentation submitted by management. Areas of non-compliance were found, as related to this incident, and are cited in this report. Questions about this inspection may be directed to pamela.sneed@dss.virginia.gov 9/24/20-The center submitted a revised plan of correction for one violation. 9/25/20-The center was notified that the inspector moved plan of correction #2 to the corresponding/appropriate area of non-compliance, and that these updates were added to the Inspection Summary. 10/22/20-10/30/20 Revised inspection report issued and meeting conducted with management to discuss findings.

Violations:

Standard #:	22VAC40-185-340-A
Description:	Based on documents reviewed and interviews conducted, it was determined that the center staff did not ensure the care, protection, and guidance of children, and as a result a child received an accidental injury that required medical care. Evidence: 1. On 7/29/20, free-standing indoor climbing/play equipment was not set-up for safe active play. When asked about equipment set-up and safe placement, Staff #4 said, "Equipment is always there...we do not set it up." She described the routine to be children entering the gym for active free-play, and children proceeding to climb and jump on equipment as it is found. 2. Staff #4 described the typical active play on the indoor climbing equipment as "They play rough." 3. Staff #4 stated that she did not see Child #4 jump from the tall cone shaped piece of equipment to the low tunnel shaped piece of equipment, which caused the injury however, she did see Child #4 jump between the two pieces of equipment "2-3 times" that same day prior to the fall. 4. Staff #4 stated there is a verbal discussion of how active play time should go among staff, but there was nothing in writing. The inspector requested gym rules, practices, or the like, from management, and nothing related to active play was received. 5. When Staff #4 was asked if rules were reviewed with children, she said "no." When asked how children would know the rules and how to play safe, she said "I don't know how kids know." She said staff will tell children not to jump on the play equipment when it is observed, but children do it anyway. 6. The center has a "Classroom Safety Checklist" process for helping staff to ensure no safety hazards exist in classrooms. There was no documentation that staff completed the "Classroom Safety Checklist" on 7/29/20, prior to active play in the gym. A blank copy of the checklist was provided to the inspector during the course of the investigation. (a) On this checklist are 28 safety items for staff to check and write "yes/no" as verification to the existence of any safety hazards, and add "comments" as needed for each item. (b) There are 2 key safety items on the "Classroom Safety Checklist" that closely relate to the nature of the accident which occurred on 7/29/20, and if reviewed, may have aided in the prevention of the child's injury: The first item, "Are climbing pieces protected with appropriate resilient surface?" The second item, "Are teachers using foreshadowing as a technique for active supervision to prevent injury? This means that all children are within SIGHT and SOUND at all times and that the teachers anticipate accidents BEFORE they occur." 7. The communication from the center staff to the parent on 7/29/20 failed to give the parents of Child #4 enough information about the child's injury. (a) The written report was lacking details, and incorrectly stated the type of injury. (b) A parent of Child #4 described the pick-up time at the center on 7/29/20 as "rushed." Due to the health pandemic parents pick-up children on the outside sidewalk and it was described as a "very busy time." The parent had multiple children to pick-up from the center that day and said she was holding a younger child while being asked to sign an accident report, and being told "[Name of Child #4] fell today." The parent said no other information was shared verbally and in that moment did not have time to read the report, and assumed if it was serious she would have been told. (c) Later that evening the child was taken to the doctor and the parents were not able to answer questions about how the child fell, the distance, and other key questions. (d) The parent called the center the following day to get more information from staff about the accident and was told the child fell from a height of 2-3'.
Plan of Correction:	Violation #1 Correction: Staff #4 was trained in areas of supervision during her onboarding. A re-training will be conducted for all staff to ensure that staff have an understanding of rules, expectations and supervision. All management have been retrained as of Sept 17, 2020 on communication to ensure that families have a complete understanding of incidents or accidents when they have occur. [sic]
Standard #:	22VAC40-185-340-D
Description:	Based on records reviewed and interviews conducted, it was determined that there was not at least one staff member that met the qualifications of a lead teacher in the school-age group of children on 7/29/20, at 4:10pm. Evidence: 1.There was no documentation that Staff #4 met the minimum qualifications to work in a lead teacher role, to include, there being no documentation of a minimum of 6 months supervised programmatic experience. a. There was no documentation of related experience prior to the date of hire on 2/26/20. b. Staff #4 worked at the center from 2/26/20-3/19/20, at which time she was furloughed due to the health pandemic; until she returned to work on 7/13/20. c. On 7/29/20, Staff #4 had obtained approximately 30-days of supervised programmatic experience. 2. Staff #4 was supervising a group of 6 school-age children alone in the gym. The exact length of time Staff #4 was working alone is not known, and management reported there was no record to track the movement of staff throughout the day.
Plan of Correction:	Violation #2 Correction: Staff #4 explained to the Director at the time of hire that she work [sic] in a childcare facility when she was in her late teens. This information was not fully described on her application, but documented. Reviewed with Hiring manager that all work experience needs to be fully documented on the application.
Standard #:	22VAC40-185-430-F
Description:	Based on interviews conducted, it was determined that indoor climbing/play equipment over 18" in height was over bare flooring. Evidence: 1. The blue cone shaped pieces of indoor equipment are approximately 5' in height. 2. These pieces of equipment are routinely used as climbing equipment by the children. Staff #4 stated, "They all jump from it...they jump from it to the round thing with circles (describing another piece of equipment)." 3. Staff #4 reported that mats or any type of resilient surface are not placed under/around climbing equipment. 4. Staff #4 described the gym flooring as "hard floor." 5. Research conducted by the inspector in collaboration with the floor manufacturer resulted in a determination that the flooring surface in the gym does not meet current federal safety guidelines as a resilient surface under indoor climbing/playground equipment, and is not intended to be used for this purpose.
Plan of Correction:	Correction for Violation #3: Gym equipment has been removed from the gym. Floor is rubber made from Flexco. It decreases the slips and fall accidents. [sic]
Standard #:	22VAC40-185-550-M
Description:	Based on record reviewed and interviews conducted, it was determined that a written injury report did not provide an accurate description of the accident and actions taken by staff. Evidence: 1. The "accident report" written for Child #4 on 7/29/20 was found to have the following inaccuracies and/or lack of description: a. The report stated the child "hurt her leg," but the injury was actually to the child's ankle. Staff #4 told the inspector it was an "ankle injury." b. The report stated the action taken was "sat out, got ice," and did not include what Staff #4 verbally told the inspector, that the child could not stand up immediately after the fall, was crying, and had to be carried from the gym. 2. Written on the accident report as the plan of action to prevent recurrence of injury stated "reviewsed [sic] gym rules," however, Staff #4 verbally told the inspector that there are no gym rules, and when requested no documentation of said rules were provided by management to the inspector for review.
Plan of Correction:	Violation #4: Reviewed how to write an accident report and to ensure adequate information is included.