Hampton Roads Academy

22.1-289.035-B-4

“The center is required to obtain background checks from any state in which the individual has resided in the preceding five years. The center did not request a search of the child abuse and neglect registry or a sex offender registry from two states for Staff #4, who has been employed for two years.”

Rule 22.1-289.035-B-4.

8VAC20-780-160-A

“Documentation of a negative tuberculosis (TB) screening must be submitted at the time of employment, before coming into contact with children, and shall have been completed within the last 30 days of the date of employment. Staff #5 had no documentation of a negative TB screening, and Staff #4 TB was dated nine days after date of employment.”

Rule 8VAC20-780-160-A.

8VAC20-780-240-A

“The Virginia Department of Education-sponsored orientation course shall be completed within 90 calendar days of employment. Staff #5, employed for a year, and Staff #8, employed for two years, did not have documentation of this training.”

Rule 8VAC20-780-240-A.

8VAC20-780-40-M

“The center is required to keep a current list of all known allergies, sensitivities, and dietary restrictions in each room or area where children are present. The list must be dated and kept confidential. There was no allergy list with the group of school age children where child #8 had a diagnosed food allergy.”

Rule 8VAC20-780-40-M.

8VAC20-780-530-A

“At least one staff in each classroom or area where children are present shall have current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care and current certification in first aid. There was no one certified in CPR or First Aid with the five year old group.”

Rule 8VAC20-780-530-A.

8VAC20-780-70

“Documentation of at least 2 references to character, reputation, and competency must be checked before employment and documentation shall include dates of contact. Staff #3 reference checks did not include dates of contact and Staff #8 had one reference check that did not include the date of contact.”

Rule 8VAC20-780-70.

8VAC20-780-90-A

“A written agreement between the parent and the center shall be in each child’s record by the first day of the child’s attendance with all required information. There was no written agreement in Child #5 record.”

Rule 8VAC20-780-90-A.

22.1-289.057-A

“The program is required to submit to VDH and implement a plan to test potable water for lead. The program did not have evidence of a testing plan submitted to VDH and/or the program did not have evidence of the implementation of the required testing, which is 11 months overdue.”

Rule 22.1-289.057-A.

8VAC20-780-350-B-4

“The required ratio for children ages 3 years of age up through school age eligible is one staff per ten children. Staff #4 and staff #5 were observed supervising 13 four year old children each, with staff #3 moving back and forth between the adjoined classrooms to assist. It was confirmed that this is the normal staffing arrangement for the two classrooms.”

Rule 8VAC20-780-350-B-4.

8VAC20-780-70

“Staff records must contain documentation to demonstrate that the individual possesses the education, certification, and experience required by their job position. There was not sufficient documentation to demonstrate that Staff #2 possess the education and certification, required by the designated job position of Program Leader for a group of children.”

Rule 8VAC20-780-70.

Based on record review and staff interviews, the licensee did not ensure, all staff had requested an out of state Child Abuse and Neglect Search by the end of 30th day of employment.

“Evidence: The record for Staff #9 did not include the results of a Child Abuse and Neglect Search for Florida, where they had lived within the last 5 years. Center director noted Staff #9 began working approximately in early September 2023.”

Rule 22.1-289-036-B-4.

Based on record review and staff interviews, the licensee did not ensure, all new persons designated as applicant, licensee, registrant, or agent shall submit a sworn statement or affirmation and criminal history record check whenever an applicant, licensee, or registrant changes before the end of 30 days after the change.

“Evidence: The record for Staff #9 did not include documentation of a sworn statement or a CRC conducted before the end of the 30th day. Sworn statement was dated 6-11-2024 and CRC was dated 6-17-2024. Center director noted that Staff #9 began working in September 2023.”

Rule 8VAC20-770-40-D-1-a.

Repeat Based on record review and staff interviews, the licensee did not ensure that each staff member had obtained at least every two years from the date of the initial screening or testing, the results of a follow- up tuberculosis screening.

“Evidence: The record for Staff #2 did not include an updated TB screening as the most recent one was dated 6-1-2022.”

Rule 8VAC20-780-160-C.

Repeat Based on a record review and staff interviews, the licensee did not ensure staff completed the Virginia Department of Education (VDOE)-sponsored orientation course within 90 calendar days of employment.

“Evidence: Center Director confirmed the following staff listed below did not have documentation of completing the VDOE orientation. Center Director also confirmed their date of hire (DOH). 1.Staff #2 DOH 6-8-2022 2.Staff #5 began working in June 2023 3.Staff#7 began working June 2023 4.Staff #8 began working September 2023”

Rule 8VAC20-780-240-A.

Repeat Based on a review of 8 staff records and staff interviews, the licensee did not ensure staff completed 16 hours of annual training.

“Evidence: The record for Staff #1 date of hire 9-1-2008 and Staff #2 date of hire 6-8-2022 did not include 16 hours of annual training”

Rule 8VAC20-780-245-A.

Based on record review, observation and staff interviews, the licensee did not ensure there shall be in each grouping of children at least one staff member who meets the qualifications of a program leader or program director.

“Evidence: There were not qualified staff (program lead or program director qualified) for the 1st to 5th grade group. There were 45 children with 7 adults designated as program leads, however there was not documentation available to support qualifications.”

Rule 8VAC20-780-340-D.

Based on center documentation review and staff interview the licensee did not ensure the injury prevention procedures shall be updated at least annually based on documentation of injuries and a review of the activities and services.

“Evidence: Center Director confirmed they did not have an updated injury prevention plan.”

Rule 8VAC20-780-40-J.

Based on observation and staff interviews, the licensee did not ensure the center shall maintain, in a way that is accessible to all staff who work with children, a current written list of all children’s allergies, sensitivities, and dietary restrictions. This list shall be dated and kept confidential in each room or area where children are present.

“Evidence: There was not a current written list of all children’s allergies, sensitivities, and dietary restrictions. Child #1 has a diagnosed allergy to eggs and peanuts and Child #2 has an allergy to shrimp and Child #3 has a parent preference for no pork.”

Rule 8VAC20-780-40-M.

Based on observations and staff interviews, the licensee did not ensure medication shall be labeled with the child’s name, the name of the medication, the dosage amount, and the time or times to be given.

“Evidence: Center Director confirmed medication (Epi-Pen) belonged to Child #1 and it was not labeled with the child’s name, the dosage amount, and the time or times to be given.”

Rule 8VAC20-780-510-G.

Based on record review and staff interviews, the licensee did not ensure there was at least one staff in each classroom or area where children are present that had obtained a current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care

“Evidence: There was not a staff member observed supervising the 15 children in the 5 year old group that had obtained a current certification in CPR.”

Rule 8VAC20-780-530-A-1.

Based on record review and staff interviews, the licensee did not ensure there was at least one staff in each classroom or area where children are present that had obtained a current certification in first aid.

“Evidence: There was not a staff member observed supervising the 15 children I the 5 year old group that had obtained a current certification in first aid.”

Rule 8VAC20-780-530-A-2.

Based on observation and staff interviews, the licensee did not ensure that when food is brought from home, the food container shall be sealed and clearly dated and labeled in a way that identifies the owner.

“Evidence: Ten lunch boxes were observed and they were not dated and 3 were not labeled with a child’s name (identifiable information).”

Rule 8VAC20-780-560-G.

Repeat Based on record review and staff interviews, the licensee did not ensure staff records contained all required documentation.

Rule 8VAC20-780-70.

Repeat Based on record review and staff interviews, the licensee did not ensure each center shall maintain and keep at the center a separate record for each child enrolled which shall contain all required information.

“Evidence: 1. The record for Child #1 did not include a 2nd emergency contact name, address and phone number. 2. The record for Child #2 did not include a 2nd emergency contact name, address and phone number, proof of identity, parents employment location/ employment phone number and the child’s physicians name and phone number.”

Rule 8VAC20-780-80-A.

Based on record review and staff interviews, the licensee did not ensure to obtain written agreement between the parent and the center in each child’s record by the first day of the child’s attendance. The agreement shall be signed by the parent.

Rule 8VAC20-780-90-A.

Based on record review and staff interviews, the licensee did not ensure all staff shall undergo a background check every five years to include a sworn statement, criminal records check ( CRC ) and search of the central registry check.

“Evidence: The following staff did not obtain updated CRC ?s; 1.Staff #1?s most recent CRC was dated 8-6-2018. 2.Staff #4?s most recent CRC was dated 8-23-2018 3. Staff f#5 most recent CRC was dated 8-2-2018”

Rule 22.1-289.035-A.

Repeat Based on record review and staff interviews, the licensee did not ensure, all staff had obtained an out of state criminal history name check ( CRC ) prior to the first day of employment (DOH) and an out of state child abuse and neglect search ( CPS ) was request by the 30th day of employment

“Evidence: Staff #3?s record did not include an out of state CPS check for North Carolina where they had lived within the last five years. Staff #1 ‘s DOH was 8-31-2021.”

Rule 22.1-289.035-B-4.

Based on record review and staff interviews, the licensee did not ensure each staff member had obtained by the end of the 30th day of hire the results of the Central Registry ( CPS ) finding for the state of Virginia.

“Evidence: Staff # 1?s (hire date 8-30-2021) did not have documentation of CPS results.”

Rule 8VAC20-770-60-C-2.

Repeat Based on record review and staff interviews, the licensee did not ensure that each staff member had obtained at least every two years from the date of the initial screening or testing, the results of a follow- up tuberculosis screening.

“Evidence: Staff #1’s and Staff #3’s records did not include updated TB screening; the most recent screening for Staff #1 was dated 10-21-21 and Staff #3?s was dated 8-22-21.”

Rule 8VAC20-780-160-C.

Based on a record review and staff interviews, the licensee did not ensure staff have completed the Virginia Department of Education (VDOE)-sponsored orientation course within 90 calendar days of employment.

“Evidence: Staff #2?s record did not include documentation of completing the VDOE orientation. Program Director verified Staff #2 was hired in September 2022.”

Rule 8VAC20-780-240-A.

Based on a record review and staff interviews, the licensee did not ensure staff have completed orientation training prior to the staff member working alone with children and no later than seven days of the date of assuming job responsibilities

“Evidence: The record for Staff #3 (hire date 8-30-21) did not include documentation of completing the required orientation to include all required topics”

Rule 8VAC20-780-240-B.

Based on observation and staff interviews, the licensee did not ensure hazardous substances such as cleaning materials, insecticides, and pesticides shall be kept in a locked place using a safe locking method that prevents access by children.

“Evidence: The following hazardous chemicals were observed stored in unlocked places, and were labeled “keep out of reach of children” and at least one other statement “caution”, “flammable” and “warning”. 1.In room #1508, disinfectant spray and disinfectant wipes were on shelf behind the entrance door and disinfectant wipes were next to the sink 2.In room #1500 there were disinfectant wipes, spray and furniture polish in unlocked closet”

Rule 8VAC20-780-280-B.

Repeat Based on observation and staff interviews, the licensee did not ensure, medication, except for those prescriptions designated otherwise by written physician’s order, including refrigerated medication and staff’s personal medication, shall be kept in a locked place using a safe locking method that prevents access by children.

“Evidence: In room #1502 there were 2 medications (EpiPen’s) observed stored in a nylon container and were not in a locked container that prevented access by children.”

Rule 8VAC20-780-510-L.

Based on record review and staff interviews, the licensee did not ensure there was a written care plan for each child with a diagnosed food allergy, to include instructions from a physician regarding the food to which the child is allergic and the steps to be taken in the event of a suspected or confirmed allergic reaction.

“Evidence: Child # 3 has a diagnosed food allergy (peanuts) and there was not a written care plan, to include instructions from a physician”

Rule 8VAC20-780-60-A.

Based on record review and staff interviews, the licensee did not ensure staff records contained all required documentation.

“Evidence: 1.There were no references available for review for Staff #2 and Staff #3. 2. There was not documentation to demonstrate that Staff #3 possesses the education and certification, required by the job position. Staff #3 is a designated teacher (program lead) for Pre-K 3, room #1508.”

Rule 8VAC20-780-70.

Based on documentation review and staff interviews, the licensee did not ensure that for each group of children, the center shall maintain a written record of daily attendance that documents the arrival and departure of each child in care as it occurs.

“Evidence: There was not an attendance sheet for the Pre-k 3 year old, room #1508.”

Rule 8VAC20-780-80-A.

Based on record review and staff interviews, the licensee did not ensure, all staff had obtained an out of state criminal history name check ( CRC ) prior to the first day of employment and an out of state child abuse and neglect search ( CPS ) was request by the 30th day of employment

“Evidence: Staff #1?s record did not include an out of state CPS check for North Carolina where they had lived within the last five years from date of hire (DOH). Staff #1 DOH was 8-31-2021.”

Rule 22.1-289.035-B-4.

Based on record review and staff interviews, the licensee did not ensure that each staff member had obtained at least every two years from the date of the initial screening or testing, the results of a follow- up tuberculosis screening.

“Evidence: The record for Staff #2?s did not include an updated TB screening as the most recent one was dated December 3, 2020.”

Rule 8VAC20-780-160-C.

Based on a review of 5 staff records and staff interviews, the licensee did not ensure staff completed 16 hours of annual training.

“Evidence: The following staff did not have the required 16 hours of training as listed below. 1. Staff #1 had only had 5 hours. 2. Staff #2 only had 7 hours. 3. Staff #3 only had 3 hours. 4. Staff #4 only had 2.5 hours.”

Rule 8VAC20-780-245-A.

Based on review of center documentation and staff interviews, the licensee did not ensure the center shall develop written procedures for abusive head trauma.

“Evidence: Center Director confirmed there was not a policy available for review related to safe sleeping practices.”

Rule 8VAC20-780-40-K.

Based on observation and staff interviews, the licensee did not ensure, medication, except for those prescriptions designated otherwise by written physician’s order, including refrigerated medication and staff’s personal medication, shall be kept in a locked place using a safe locking method that prevents access by children.

“Evidence: In room #1508 there were 2 medications (Auvi Q’s) observed and each was stored in a small nylon pouch/container. These containers were observed hanging on the wall near the front door of the classroom. These medications were not stored in a container that was locked and prevented access by children.”

Rule 8VAC20-780-510-L.

Based on review of 6 staff records and staff interviews, the licensee did not ensure all staff shall undergo a background check every five years to include a sworn statement, criminal records check and search of the central registry check.

“Evidence: The following records did not include the updated background checks. 1) Staff #4, sworn statement dated May 25, 2017 and search of the central registry dated June 22, 2017. 2) Staff #6, search of the central registry dated September 30, 2015”

Rule 22.1-289.035-A.

Based on observation and staff interviews, the licensee did not ensure that each building that was built before 2015 and that house a child day program that is licensed and serves preschool-age children shall be equipped with at least one carbon monoxide detector.

“Evidence: The Business Manager confirmed they do not have a carbon monoxide detector.”

Rule 22.1-289.058.

Based on review of 6 staff records and staff interviews, the licensee did not ensure that all staff had obtained a central registry finding within 30 days of employment or must be denied continued employment.

“Evidence: The record for staff #2, date of hire May 23, 2022 did not include the results of a central registry finding.”

Rule 8VAC20-770-60-C-2.

Based on a review of 6 staff records and staff interviews, the licensee did not ensure that all staff had obtained and submitted results or tuberculosis screening or test at least every two years from the date of the initial screening or testing, or more frequently if recommended by a licensed physician.

“Evidence: The following staff did not available for review updated TB screening /test. The most recent test available for review are listed below 1. Staff #3, TB screening/ test dated June 11, 2020. 2. Staff #4, TB screening/ test dated July 12, 2020. 3. Staff #6, TB screening/ test dated July 12, 2020”

Rule 8VAC20-780-160-C.

Based on documentation review and staff interviews, the licensee did not ensure that for any child for whom emergency medications (such as albuterol, glucagon, and epinephrine auto injector) have been prescribed shall always be in the care of a staff member or independent contractor who meets the requirements for administering medication.

“Evidence: Child #5 has an emergency medication, (albuterol). Child #5 went on a field trip, July 15, 2022 and from approximately 1:30 pm until 2:45 pm, Child #5 was not incare of a staff member that had obtained training to administer the emergency medication.”

Rule 8VAC20-780-245-J-3.

Based on staff interviews, the licensee did not ensure to maintain documentation of monthly emergency evacuation drills.

“Evidence: The center director confirmed they did not have evacuation drills available for review for January 2022 up to June 2022.”

Rule 8VAC20-780-550-G.

Based on a review of 6 staff records and staff interviews, the licensee did not ensure that all required items were in a staff record.

“Evidence: The record for staff #4 , the designated program leader for the Pre-K group and staff #1 designated program leader for the School age group did not have documentation to demonstrate the individuals possesses the education and certification, required by the job position.”

Rule 8VAC20-780-70.

Based on record review and staff interviews, the licensee did not ensure to obtain an annual fire inspection report from the appropriate fire official having jurisdiction.

“Evidence: The most recent fire inspection available for review was dated 10-13-2020.”

Rule 8VAC20-780-260-A.

Based on record review and staff interviews, the licensee did not ensure to obtain an annual health inspection report.

“Evidence: The most recent health inspection available for review was dated 1-23-2020.”

Rule 8VAC20-780-260-B.

Based on record review and staff interviews the licensee did not ensure the center shall implement a monthly practice evacuation drill.

“Evidence: There was not documentation of a drill conducted August 2021.”

Rule 8VAC20-780-550-D.