James Madison University

8VAC20-780-40-M

“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. The list did not contain the name of one child with a dietary restriction.”

Rule 8VAC20-780-40-M.

8VAC20-780-70

“Staff records shall include documentation to demonstrate that the individual possesses the education, certification, and experience required by the job position. Staff #3 did not have documentation required for the job position.”

Rule 8VAC20-780-70.

8VAC20-780-40-E

Rule 8VAC20-780-40-E.

8VAC20-780-510-I

“The center may administer prescription medication that would normally be administered by a parent or guardian to a child provided the center administers drugs only to the child identified on the prescription label in accordance with the prescriber’s instructions pertaining to dosage, frequency, and manner of administration. On January 22, 2025 Staff #1 administered a prescription medication to a two-year-old that was not the child identified on the prescription label.”

Rule 8VAC20-780-510-I.

8VAC20-780-280-B

“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. The janitor’s closet with left propped open with two buckets of cleaning mixture on top of a cart on wheels and other hazardous substances inside.”

Rule 8VAC20-780-280-B.

8VAC20-780-340-A

“When staff are supervising children, they shall always ensure their care, protection, and guidance. The emergency medication for Child #5 could not be found.”

Rule 8VAC20-780-340-A.

8VAC20-780-510-E

“The center’s procedures for administering medication shall: For nonprescription medication, be consistent with the manufacturer’s instructions for age, duration, and dosage; Include duration of the parent’s authorization for medication, provided that it shall expire or be renewed after 10 work days. Long-term prescription drug use and over-the- counter medication may be allowed with written authorization from the child’s physician and parent; and Include methods to prevent use of outdated medication. The center’s procedures do not contain the required information.”

Rule 8VAC20-780-510-E.

Based on record review and interview, the center failed to ensure fingerprint results were submitted for a new staff member prior to employment.

“Evidence: The record for staff 5 documents employment date as 8/15/22. The center does not have the required fingerprint results per the administrator.”

Rule 22.1-289.035-B-2.

Based on record review and interview, the center failed to ensure a new staff member completed a sworn statement or affirmation before employment.

“Evidence: The record for staff 5 documents the employment date as 8/15/22. The sworn statement is dated 9/14/22.”

Rule 8VAC20-770-60-B.

(REPEAT VIOLATION) Based on record review and interview, the center failed to ensure central registry findings were obtained within 30 days of employment.

“Evidence: Per the administrator the hire date for staff 6 was 12/14/2023. The record for staff 6 did not contain findings of a central registry background check.”

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

Based on record review, the center failed to ensure staff submitted documentation of a negative TB screening within the last 30 calendar days of the date of employment. and prior to coming into contact with children.

“Evidence: The record for staff 5 documents the date of employment as 8/15/22. The TB documentation is dated 9/26/22”

Rule 8VAC20-780-160-A.

Based on record review and interview, the center failed to maintain a medication authorization available to staff during the entire time it is effective.

“Evidence: The medication and documentation for child 8 was reviewed. The center does not have parent authorization to administer medication.”

Rule 8VAC20-780-510-F.

(REPEAT VIOLATION)Based on record review and interview, the center does not have a written care plan for a child with a diagnosed food allergy.

“Evidence: The medication and supporting documentation for child 9 was reviewed. The center does not have a written care plan for child 9’s food allergy.”

Rule 8VAC20-780-60-A-8.

8VAC20-780-330-B

“Based on measurement, the center failed to ensure that when playground equipment is provided, resilient surfacing complies with the minimum safety standards. Evidence: 1. The mulch depth was measured in various places on the toddler and preschool playgrounds. The mulch did not meet the minimum safety requirement of six inches in depth. 2. Staff #7 confirmed the mulch was not six inches in depth.”

Rule 8VAC20-780-330-B.

8VAC20-780-40-M

Rule 8VAC20-780-40-M.

8VAC20-780-560-G

Rule 8VAC20-780-560-G.

8VAC20-780-60-A

Rule 8VAC20-780-60-A.

8VAC20-780-60-A-8

“Based on interview, the center did not have a written care plan for each child with a diagnosed food allergy. Evidence: 1. Staff #3 confirmed that Child #8 had an epinephrine pen for a food allergy. There was not a written care plan available for Child #8.”

Rule 8VAC20-780-60-A-8.

8VAC20-780-70

“(REPEAT VIOLATION) Based on record review and interview, the center failed to ensure staff records contained documentation to demonstrate that the individual possessed the education, certification, and experience required by the job position. Evidence: 1. Staff #3?s record did not contain evidence of qualifications. Staff #7 confirmed that the record did not contain the required documentation.”

Rule 8VAC20-780-70.

Based on observation, the center failed to post the most current inspection.

“Evidence: 1. At the entrance to the center the inspection posted was dated 3/22/22. The last inspection conducted was dated 12/1/22. 2. The director verified that is the location they posted inspections.”

Rule 22.1-289.011-F.

Based on record review and interview, the center failed to obtain an immunization record for one out of five children’s records reviewed.

“Evidence: 1. The record for child 1, start date 8/23/22, did not contain an immunization record. 2. The administrator verified they did not have an immunization record for child 1.”

Rule 8VAC20-780-130-A.

Based on interview, the center failed to maintain a written list of children’s allergies, sensitivities, and dietary restrictions in a confidential manner in each classroom where the children are present.

“Evidence: 1. In the Gold classroom the teacher stated a child had a food allergy. She was unable to provide a written list of the child’s allergies in the classroom. 2. The director stated the child was moved to the classroom recently and the list was not moved.”

Rule 8VAC20-780-40-M.

Based on record review and interview, the center failed to ensure five out of five staff records contained documentation to demonstrate that the individual possessed the education, certification, and experience required by the job position.

“Evidence: 1. A review of all staff records that were present in the three classrooms did not contain documentation and certification of how any of the teachers met lead teacher qualifications. 2. The director was able to verbally advise the educational background for the staff which showed how they met lead teacher qualifications but did not have documentation to demonstrate.”

Rule 8VAC20-780-70.

Based on record review an interview, the center failed to request an out of state central registry background check within 30 days of beginning employment for a staff member that has lived outside the state of Virginia within the last five years.

“Evidence: 1. The record for staff 4 was reviewed. The sworn statement documented staff 4 lived in NY within the last five years. The record did not contain documentation of completing a request for a central registry check for NY. 2. The record for staff 4 documented the start date of employment as 10/5/22. 3. The administrator verified the center had not completed a request for an out of state central registry background check for staff 4.”

Rule 22.1-289.035-B-4.

Based on record review and interview, the center failed to obtain central registry background checks within 30 days from date of hire.

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

Based on record review and interview, the center failed to provide staff with all the required topics during orientation prior to working alone with children.

“Evidence: 1. The records for staff 1, staff 2, staff 3 and staff 4 were reviewed. There was no documentation of the four staff completing orientation in preventing abusive head trauma. 2. The administrator stated the staff were not oriented in preventing abusive head trauma.”

Rule 8VAC20-780-240-C.

Based on interview, the center failed to develop a written procedure for preventing abusive head trauma.

“Evidence: The administrator stated they do not have a procedure for preventing abusive head trauma.”

Rule 8VAC20-780-40-K.

Based on interview, the center failed to post in a visible place at each telephone a 911 or local dial number of police, fire and emergency medical services and the number of the regional poison control center.

“Evidence: The administrator stated the numbers are not posted with the phones at the center.”

Rule 8VAC20-780-550-I.

Based on record review and interview, the center failed to obtain 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: 1. The administrator stated child 6 has a dairy food allergy. 2. The child’s record documents a food allergy for dairy. There was no allergy care plan in the child’s record. 3. The administrator stated they did not obtain an allergy care plan for child 6.”

Rule 8VAC20-780-60-A-8.

Based on review of ten staff files, program did not ensure that a fingerprint based criminal background check was completed prior to first day of employment.

“Evidence: 1. The first date of employment for Staff #10 was 11/29/21. 2. The results in the file for Staff #10 was dated 12/7/21.”

Rule 22.1-289.035-B-2.