Malcolm Cole Child Care Center

Repeat Violation The center shall ensure that areas and equipment of the center, inside and outside, are maintained in a clean, safe and operable condition.

“The poured in place resilient surfacing around the tree was separating and causing a trip hazard. The plastic coverings around the down spouts on the toddler playground were cracked and had sharp edges. The plastic wrap around a medal board was not removed and caused a potential choking hazard”

Rule 8VAC20-780-270-A.

Electrical outlets shall have protective covers that are of a size that cannot be swallowed by children.

“The area between two infant rooms had several electrical outlets that did not have protective covers.”

Rule 8VAC20-780-290-3.

The center shall ensure that areas and equipment of the center, inside and outside, are maintained in a clean, safe and operable condition.

“On the upstairs playground the poured in place resilient surfacing around the tree was separating and causing a trip hazard.”

Rule 8VAC20-780-270-A.

Personal articles shall be individually assigned.

“There was a pacifier in the infant room that was not labeled with the owner’s name.”

Rule 8VAC20-780-430-I.

The center shall obtain documentation that each child has received the immunizations required by the State Board of Health before the child can attend the center.

“Child #10 did not have documentation that an immunization record had been obtained before the child attended the center.”

Rule 8VAC20-780-130-A.

Immunization records are required to be signed and dated by a physician, his designee, or an official of the local health department.

“One immunization record for Child #5 was not signed and dated. Two immunization records for Child #2 was not signed and dated.”

Rule 8VAC20-780-150-B.

Hazardous substances such as cleaning materials shall be kept in a locked place using a safe locking method that prevents access by children. If a key is use, the key shall not be accessible to children.

Rule 8VAC20-780-280-B.

Electrical outlets shall have protective covers.

“1. In the Two A restroom, one outlet did not have a protective cover. 2. In the Kindergarten Prep A restroom, one outlet did not have a protective cover. 3. In the Preschool A restroom, one outlet did not have a protective cover.”

Rule 8VAC20-780-290-A-3.

The required ratio for children ages 16 to 24 months is one staff per five children.

“Staff #11 was observed supervising seven children alone (youngest child was 23 months old).”

Rule 8VAC20-780-350-B-3.

Staff shall wash hands with soap and running water before and after a diaper change.

“Staff #12 was observed changing four diapers. Staff #12 did not wash hands before or after changing each diaper.”

Rule 8VAC20-780-500-A.

There shall be sight and sound supervision for all children when a child is being diapered. Staff shall ensure immediate safety of a child during diapering.

Rule 8VAC20-780-500-B.

REPEAT VIOLATION The medication authorization shall be available to staff during the entire time it is effective.

“In the Preschool A classroom, there was emergency medication for Child #8. There was no medication authorization form available to the staff.”

Rule 8VAC20-780-510-F.

If diaper ointment or cream is use, the following requirements shall be met: These products do not need to be kept locked but shall be inaccessible to children.

“In the Infant D classroom, the cabinet under the changing table was unlocked and contained six containers of diaper cream. There were mobile children in the classroom and the diaper cream was accessible to the children.”

Rule 8VAC20-780-520-C.

Documentation to demonstrate that the individual possesses the education and experience required by the job position shall be kept on file for each staff person.

“Staff #3, who was the program leader and the only staff in the Toddler D room, did not have documentation of program director qualifications on file. Staff #7, who was the program director and the only staff in the Two C room, did not have documentation of program director qualifications on file.”

Rule 8VAC20-780-70.

8VAC20-780-130-E

“Based on review of records, the center failed to obtain documentation of additional immunization once every six months for children under the age of two years old. Evidence: 1. Child #1?s date of birth is 12/11/2022 and start date was 07/31/2023. Immunizations on file were dated 07/31/2023 and 03/02/2024. Immunizations had not been obtained every six months. 2. Child #2?s date of birth is 12/15/2022 and the start date was 07/10/2023. Immunizations on file were dated 06/19/2023. Immunizations had not been obtained every six months.”

Rule 8VAC20-780-130-E.

8VAC20-780-510-F

“Based on review of documentation, the center failed to ensure that the medication authorization form is available to staff during the entire time it is effective. Evidence: 1. Child #6, #11, #12 and #13 had emergency medication on site but there was no medication authorization forms. 2. Staff #14 confirmed that the medication for Child #6, #11, #12 and #13 were effective.”

Rule 8VAC20-780-510-F.

8VAC20-780-550-G

“Based on review of documentation and interview, the center failed to maintain documentation of shelter-in-place drills. Evidence: 1. There was no documentation of shelter-in-place drills at the time of the inspection. Staff #14 confirmed that there was no documentation of the shelter-in-place drills.”

Rule 8VAC20-780-550-G.

8VAC20-780-60-A

“Based on review of documentation, the center failed to maintain a record for each child that contained the required information. Evidence: 1. Child #4?s record was missing an annual update, one emergency contact and proof of identity.”

Rule 8VAC20-780-60-A.

Based on medication review the center failed to have one emergency medication, with the pharmacy label attached,to include: the child’s name, the name of the medication, the dosage amount and the time or times to be given.

“Evidence: 1. The medication and medication paperwork was reviewed for Child #5. 2. The medication did not contain the pharmacy label to include the child’s name, the name of the medication, the dosage amount and the time/times to be given. 3. Staff confirmed the pharmacy label was not included on the medication.”

Rule 8VAC20-780-510-G.

Based on the review of ten staff records, the program failed to ensure that each staff member submits documentation of a negative tuberculosis screening within the last 30 days of the date of employment for five staff.

Rule 8VAC20-780-160-A.

Repeat violation

“Based on observation, program failed to ensure that medication was kept in a locked place using a safe locking method that prevents access by children. Evidence: 1. On 04/19/2023, while reviewing medication and authorization paperwork for Child #1, medication was stored in a bag that was not locked.”

Rule 8VAC20-780-510-L.

Based on record review, program failed to ensure that Aall applicants for employment, employees, applicants to serve as volunteers, and volunteers shall undergo a background check in accordance with subsection B prior to employment or beginning to serve as a volunteer and every five years thereafter.

“Evidence: 1. The only sworn disclosure statement for Staff #3, hired on 5/22/2017, was dated 8/2/2017. 2. The only central registry results for Staff #3, hired on 5/22/2017, were dated 6/5/2017. 3. The most recent sworn disclosure statement for Staff #6, hired on 3/10/2008, was dated 8/8/2017. 4. The most recent sworn disclosure statement for Staff #8, hired on 8/15/2005, was dated 3/26/2017.”

Rule 22.1-289.035-A.

Based on interviews, program failed to ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff.

Rule 8VAC20-780-340-F.

Based on observation, program failed to ensure that children’s hands are washed with soap and running water after toileting and any contact with blood, feces, or urine and eating meals or snacks.

“Evidence: On 9/14/2022, Staff #10 was observed changing the diapers of three children in Toddler B classroom. None of the children’s hands were washed after having their diaper changed. Each child then sat down to eat their afternoon snack.”

Rule 8VAC20-780-500-A.

Based on observation, program failed to ensure that medication was kept in a locked place using a safe locking method that prevents access by children.

“Evidence: On 9/14/2022, while reviewing medication and authorization paperwork for Child 1M in Toddler B classroom, medication was stored in a bag that was not locked.”

Rule 8VAC20-780-510-L.

Based on record review, program did not ensure that a fingerprint based criminal history check was completed prior to first date of employment.

“Evidence. 1. The date of employment for Staff #1 was 5/16/2022. There were no fingerprint results in the file.”

Rule 22.1-289.035-B-2.

Based on record review, program did not ensure that a copy of the results of a criminal history record check were received prior to first day of employment or search of the child abuse and neglect registry were received within thirty days of employment from any state in which the individual has resided in the preceding five years.

“Evidence: 1. The date of employment for Staff #2 is 9/13/2021. The request for a criminal background check was submitted on 6/8/2022. 2. The date of employment for Staff #4 is 8/31/2021. There were no results on file from a central registry check. 3. The date of employment for Staff #5 is 6/28/2021. There were no results on file from a central registry check.”

Rule 22.1-289.035-B-4.

Based on record review, program did not ensure that a sworn statement was completed prior to start of employment.

“Evidence: 1. The first day of employment for Staff #8 was 2/28/2022. The sworn statement in file was signed 3/4/2022.”

Rule 8VAC20-770-60-B.

Based on record review, program did not ensure that the results of a central registry check were in the file within thirty days of employment.

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

Based on review of required documentation, program did not ensure that an annual fire inspection report was received from the appropriate fire official.

“Evidence: 1. The last fire inspection was completed on 9/17/2020.”

Rule 8VAC20-780-260-A.