Rossmary Acosta Escate

The provider shall obtain a sworn statement or affirmation disclosing whether a household member has ever been convicted of or is the subject of any pending criminal charges for any offense within or outside the Commonwealth and whether or not he has been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

“There was no sworn statement in the record for Household Member #1 at the time of the inspection. The sworn disclosure was past due by nine months.”

Rule 22.1-289.036-B-1.

Providers must obtain a completed national criminal background check on any adult household member.

“Household Member #1 (18 years of age) did not have a completed national criminal background check. The background check was overdue by nine months.”

Rule 22.1-289.036-B-2.

The vendor shall maintain a written hard copy record of daily attendance that documents the arrival and departure of each child in care as it occurs.

“The vendor did not have a written hard copy record of attendance documenting the arrival and departure of each child in care on the day of the inspection. There were 11 children present on the day of the inspection.”

Rule 8VAC20-790-180-B.

Providers must obtain a current tuberculosis screening from each adult household member prior to coming into contact with children.

“There was no tuberculosis screening for Household Member #1 (18 years of age). The tuberculosis screening is past due by over nine months.”

Rule 8VAC20-800-170-A.

Repeat violation:

“Child-resistant protective covers larger than 1-1/4 inches in diameter shall be installed on all unused electrical outlets accessible to children under five years of age. During the inspection, there was one electrical outlet between the door and changing table that did not have a protective cover installed and was accessible to children under five years of age.”

Rule 8VAC20-800-320-B.

Infant feeding or activity tables shall be used according to the manufacturer’s instructions and when occupied by a child, a safety strap shall be used and securely fastened.

“During the inspection, three infants (one 6-months of age and two 10-months of age) were observed using infant feeding chairs without a fastened safety strap.”

Rule 8VAC20-800-540-A.

Before the child’s first day of attendance, the provider shall obtain the parent’s written acknowledgement of the receipt of the information regarding family day home operations and administration.

“There was no parent acknowledgement of the provisions of the family day home’s emergency preparedness and response plan available for Child #1, 2, 3, 4, 5, and 6, who were in attendance on the day of the inspection and had been attending between 1 and 13 months.”

Rule 8VAC20-800-70-B.

The provider is required to have employees undergo a background check every five years.

“The most recent Sworn Disclosure Statement for Caregiver #1 was overdue by 14 months.”

Rule 22.1-289.035-A.

Provide a sworn statement or affirmation disclosing whether they have ever been convicted of or is the subject of any pending criminal charges for any offense within or outside the Commonwealth and/or been the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth.

“Household Member #1 did not have any evidence of completing a sworn statement on record.”

Rule 22.1-289.036-B-1.

Family day homes shall obtain a copy of the results of a search of the central registry.

“There was no evidence of a completed central registry search for Household Members, #1, #2, and #3.”

Rule 22.1-289.036-B-3.

Repeat violation

“A tuberculosis (TB) screening is required every two years from the last screening for each adult household member. An updated TB screening for Household Member #1 was not completed and was overdue by 5 months. An updated TB screening for Household Member #2 was not completed and was overdue by one year.”

Rule 8VAC20-800-180-A.

An up to date record for each child enrolled shall be maintained by the provider.

“There was no record for Child #2 and Child #6, who were in care during the inspection and had been in care for seven months.”

Rule 8VAC20-800-60-A.

Repeat violation

“Children’s records are required to have telephone numbers of two designated person to contact in case of an emergency if the parent cannot be reached. Child #1’s second emergency contact was missing a telephone number.”

Rule 8VAC20-800-60-B.

Repeat violation

“Before the child’s first day of attendance, parents shall be provided required information in writing.’ The parents of Children #2, #3, and #6 were not provided in writing the following required information: schedule of fees and payment plans, whether or not there is liability insurance in force on the family day home operation, and provisions of the family day home’s emergency preparedness and response plan. Children had been in care for over three months.”

Rule 8VAC20-800-70-A.

A first aid kit that contains: Triangular bandages, adhesive tape, and adhesive bandages.

“There was only one out of the two required triangular bandage available during the inspection. There were no adhesive bandages or adhesive tape onsite during the inspection.”

Rule 8VAC20-800-760-A-1.

A working portable battery-operated weather band radio, and extra batteries shall be kept in a designated area and be available to caregivers at all times.

“Provider did not have batteries to operate the radio onsite during the inspection.”

Rule 8VAC20-800-770.

Within seven business days of the child’s first day of attendance, the provider shall obtain from the parent verification of the identity and age of the child.

“This information was not available for Child #2 and Child #6, who had been enrolled for seven months.”

Rule 8VAC20-800-80-A.

8VAC20-800-180-A

“A tuberculosis (TB) screening is required every two years from the last screening. An updated TB screening for Caregiver #2 was not completed and was overdue by three months.”

Rule 8VAC20-800-180-A.

8VAC20-800-60-B

“Children’s records are required to have the name, address, and telephone numbers of two designated person to contact in case of an emergency if the parent cannot be reached. The records for Child #2, #3 and #4 had only one emergency contact person and no telephone number was provided for the emergency contact person.”

Rule 8VAC20-800-60-B.

Before the child’s first day of attendance, parents shall be provided required information in writing.’ The parents of Children #2, #3, and #4 were not provided in writing the following required information: operating information including the hours and days of operation, holidays or other times closed, and the telephone number where a message can be left for a caregiver; policies for picking up a sick child, notifying any reportable communicable disease, and informing the parent whether or not there is liability insurance in force on the family day home operation.

“The records for Children #2, #3 and #4 did not have documentation that parents had been provided in writing the operating information, whether the family day home had or did not have liability insurance, the program’s sick policy for picking up a sick child and/or notifying any communicable disease.”

Rule 8VAC20-800-70-A.

8VAC20-800-780-B

“Annually, the provider shall review with the parent the emergency contact information required in each child’s record to ensure the information is correct and shall obtain the parents signed acknowledgment of the review. Record for child #1 did not have a parent’s signature for an annual review of the emergency contact information. Child #1 had been in care for over four years, and the last update was over two years ago.”

Rule 8VAC20-800-780-B.

8VAC20-800-830-A

“The emergency evacuation procedures shall be practiced monthly with all caregivers and children in care during all shifts that children are in care. There was no documentation for emergency evacuation drills for April and May 2025.”

Rule 8VAC20-800-830-A.

8VAC20-800-90-C

“Documentation of additional immunizations is required once every six months for children under the age of two years. ‘Child #1, 16 months old, last documented immunization was over 10 months ago. Child #4, 12 months old, last documented immunization was over 6 months ago. Child #6, 21 months old, last documented immunization was over 6 months ago. Child #2, two years old, last documented immunization was over 9 months ago.”

Rule 8VAC20-800-90-C.

8VAC20-800-320-B

“Based on observation, child-resistant protective covers larger than 1-1/14 inches in diameter were not installed on all unused electrical outlets accessible to children under five years of age. Evidence: 1. The electrical outlet near the patio door did not have a protective cover on one outlet.”

Rule 8VAC20-800-320-B.

8VAC20-800-780-B

“Based on record review, annually, the provider did not review with the parent the emergency contact information as required to ensure the information is correct. Evidence: 1. The record for child #1, #3, and #4 did not have documentation of an annual review of the emergency contact information. The last documented review was 05/01/2023.”

Rule 8VAC20-800-780-B.

8VAC20-790-250-B

“Based on record review and interview, the caregiver did not complete the Virginia Preservice Training as required within the first 90 days of employment. Evidence: 1. The record for Staff #2 (DOH 6/13/23) does not have documentation for the Virginia Preservice Training. 2. The provider confirmed Staff #2 had not completed the Preservice Training.”

Rule 8VAC20-790-250-B.

8VAC20-770-60-C-2

“Based on record review, the family day home did not obtain a central registry finding within 30 days of employment. Evidence: 1. Staff #3 (DOH 3/1/24) did not have a central registry finding at the time of inspection. 2. Staff #4 (DOH 6/5/23) did not have a central registry finding at the time of inspection.”

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

8VAC20-800-750-A

“Based on observation, the topical skin product was not labeled with the child’s name. Evidence: 1. The topical skin product (Aquaphor) for Child #4 was not labeled with the child’s name.”

Rule 8VAC20-800-750-A.

8VAC20-800-90-A

“Based on record review, the provider did not obtain documentation that the child was adequately immunized before the first day of attending. Evidence: 1. The record for Child #5 (DOE 3/18/24) did not have documentation of immunizations.”

Rule 8VAC20-800-90-A.

8VAC20-800-280

“Based on observation, potentially poisonous substances were stored in an area accessible to child. Evidence: A gallon of Skyline Satin White Hand Soap was stored in the bottom bathroom cabinet which was accessible to children.”

Rule 8VAC20-800-280.

8VAC20-800-530-A

“Based on observation, mats used for sleeping by children did not consist of a top cover and a bottom cover or a one piece covering that is open on three sides. Evidence: During rest time, six (6) cots did not have a bottom cover.”

Rule 8VAC20-800-530-A.

8VAC20-790-180-B

“Based on record review and interview, the vendor did not maintain a written hard copy record of daily attendance that documents the arrival and departure of each child in care as it occurs. Evidence: 1. At the time of inspection (11:51am), there were 5 children documented on daily attendance. 2. Vendor acknowledged there were 6 children present and she had not documented Child #3’s arrival time on the daily attendance. Child #3 was added at 11:53am to the daily attendance.”

Rule 8VAC20-790-180-B.

8VAC20-790-250-B

“Based on record review and interview, it was determined all caregivers did not complete the Virginia Preservice Training for Child Care Staff sponsored by the Department of Education as required within the first 90 days of employment or service. Evidence: 1. Caregiver #2 did not have documentation of the Preservice Training in the records. 2. Caregiver #2 acknowledged the preservice training had not been completed.”

Rule 8VAC20-790-250-B.

22.1-289.035-B-2

“Based on record review and interview, the provider did not obtain a criminal history check prior to the 1st day of service. Evidence: 1. The record for volunteer/caregiver #3 was not available to review. 2. The volunteer/caregiver acknowledged a criminal history check had not been completed. 3. The provider acknowledged the criminal history check was not completed.”

Rule 22.1-289.035-B-2.

8VAC20-770-60-B

“Based on record review and interview, a sworn statement was not completed prior to 1st day of service. Evidence: 1. The record for volunteer/caregiver #3 was not available for review. 2. The provider acknowledged the sworn statement was not completed.”

Rule 8VAC20-770-60-B.

8VAC20-800-200-A

“Based on record review, the provider did not orient the assistant by the end of their first week of assuming job responsibilies. 1. There is no documentation that the provider had completed the orientation for caregiver #2 and volunteer/caregiver #3. 2. The provider acknowledged orientation had not been completed.”

Rule 8VAC20-800-200-A.

8VAC20-800-230-A

“Based on record review, the provider did not maintain a written documentation of each caregiver’s applicable education and programmatic experience. Evidence: 1. Caregiver #2 does not have documentation to review. 2. Volunteer/caregiver #3 does not have a record to review.”

Rule 8VAC20-800-230-A.

8VAC20-800-330-A

“Based on observation and interview, a landline telephone, excluding a cordless or cell phone, was not operable during the family day home’s hours of operation. Evidence: The landline telephone line is not working (no dial tone and no in-coming or out-going calls are available). 2. The provider confirmed the telephone line is not working.”

Rule 8VAC20-800-330-A.

8VAC20-800-60-A

Rule 8VAC20-800-60-A.

8VAC20-800-690-D

“Based on observation, the diapering surface was not cleaned with soap and water after each use. 1. Caregiver #2 sprayed the diapering surface with a bleach solution after changing Child #2 and Child #8. 2. There is no soap & water available to clean the diapering surface. 3. The provider acknowledged they were only using a bleach solution after diapering.”

Rule 8VAC20-800-690-D.

8VAC20-800-90-C

“Based on record review, the family day home did not obtain documentation of additional immunizations for a child. Evidence:. 1. Child #2 (DOB 4/11/21) did not have documentation of additional immunizations. The last documentation was dated 9/7/22. 2. Child #7 (DOB 10/12/2020) did not have documentation of additional immunizations. The last documentation was dated 8/3/21.”

Rule 8VAC20-800-90-C.

8VAC20-800-920

“Based on observation, when meals or snacks are provided by the family day home, the menu for the current one-week was not given to parents or posted or placed in an area accessible to parents. Evidence: 1. Menu was posted in the facility. 2. The provider acknowledged the menu was not posted and it was not given to parents.”

Rule 8VAC20-800-920.

8VAC20-790-250-B

“Based on record review and interview with the provider, within the first 90 days of employment all caregivers did not complete the Virginia Preservice Training for Child Care Staff sponsored by the Department of Education. Evidence: 1. Childgiver #2 does not have documentation for the Virginia Preservice Training on file. 2. The provider acknowledged caregiver #2 had not completed the Virginia Preservice Training.”

Rule 8VAC20-790-250-B.

8VAC20-770-60-C-2

“Based on record review, the central registry finding was not received by the 30th day of employment. Evidence: 1.Caregiver #2 (DOH 08/2022) did not have central registry results within the 30th day of employment.”

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

8VAC20-800-120-A

“Based on record review and interview, the provider did not maintain a record for each caregiver. Evidence: 1. A record for Caregiver #2 was not available to review. 2.The provider acknowledged there was not a record for Caregiver #2.”

Rule 8VAC20-800-120-A.

8VAC20-800-200-A

“Based on record review and interview, the provider did not orient the assistant by the end of their first week of assuming job responsibilities. Evidence: 1. No records were available to review for Caregiver #2. 2. The provider stated Caregiver #2 date of employment was August 2022. 3. The provider acknowledged Caregiver #2 had not been given orientation.”

Rule 8VAC20-800-200-A.

8VAC20-800-230-A

“Based on record review, the provider did not maintain a written documentation of each caregiver’s applicable education and programmatic experience. Evidence: Caregiver #2 does not have a record to review.”

Rule 8VAC20-800-230-A.

8VAC20-800-320-B

Rule 8VAC20-800-320-B.

8VAC20-800-330-A

“Based on observation and interview, a landline telephone, excluding a cordless or cell phone, was not available, operable, and accessible during the family day home’s hours of operation. Evidence: 1.There was no landline telephone available 2.The provider confirmed there was no landline telephone and the cordless phone was not working.,”

Rule 8VAC20-800-330-A.

8VAC20-800-50-A

“Based on record review and interview with the provider, the family day home did not keep a written record of children in attendance each day. Evidence: 1.No documentation of a written attendance was available to review. 2.The provider acknowledged she did not have a written record of children in attendance each day and had not completed one in several weeks. 3.The provider stated she throws the attendance sheets in the trash weekly.”

Rule 8VAC20-800-50-A.

8VAC20-800-60-A

Rule 8VAC20-800-60-A.

8VAC20-800-680-A

“Based on observation, the caregiver did not wash their hands with liquid soap and warm running water before feeding or helping children with feeding. Evidence: Caregiver #2 did not wash her hands before feeding or helping Child #2 and Child #4 with their breakfast.”

Rule 8VAC20-800-680-A.

8VAC20-800-680-B

“Based on observation, the caregiver did not ensure that children’s hands are washed with liquid soap and warm running water. Evidence: Caregiver #2 did not ensure Child #2 and Child #4 washed their hands before eating their breakfast.”

Rule 8VAC20-800-680-B.

8VAC20-800-690-D

“Based on observation and interview, the diapering surface was not cleaned and sanitized after each use. Evidence: 1. Caregiver #2 wiped the diapering surface with a Clorox wipe after changing Child #2. 2.There is no bleach solution available to sanitize the diapering surface. 3. There is no soap & water available to clean the diapering surface. 4. The provider acknowledge they were only using the Clorox wipes to clean the diapering surface.”

Rule 8VAC20-800-690-D.

8VAC20-800-780-B

“Based on record review, 7 of 10 children’s files indicated that annually, the provider did not review with the parent the emergency contact information required in 8VAC20-800-60B-2 to ensure the information is correct and obtain the parent’s signed acknowledgement of the review. Evidence: 1.Records for Child #1, #2, #6, #7, #8, #9, and #10 did not have documentation of an annual update. 2. The provider confirmed the annual review and/or update had not been completed.”

Rule 8VAC20-800-780-B.

8VAC20-800-790

“Based on observation, the 911 or local dial number for police, fire and emergency medical responders was not posted in a visible area close to the telephone. Evidence: Posted telephone numbers of 911 or for the police, fire and emergency medical responders were not posted in a visible area.”

Rule 8VAC20-800-790.

8VAC20-800-80-A

“Based on record review and interview, within seven business days of the child’s first day of attendance at the family day home, the provider did not obtain from the parent verification of the identity and age of the child. Evidence: 1.Child #1, Child #3, and Child #10 did not have documentation on file of verification of their identity and age. 2.The provider acknowledge verification of the identity and age of the children was not completed.”

Rule 8VAC20-800-80-A.

8VAC20-800-800-B

“Based on record review and interview, the provider did not review the emergency plan at least annually and update the plan as needed. Evidence: 1.The last documented review of the emergency preparedness plan is dated 02/01/2020. 2.The shelter-in-place designated location in the plan is no longer useable because it is used as a storage closet. 3. The provider acknowledged the emergency preparedness plan had not been reviewed and updated.”

Rule 8VAC20-800-800-B.

8VAC20-800-830-A

“Based on record review and interview, the emergency evacuation procedures were not practiced monthly with all childgivers and children in care during all shifts that children are in care. Evidence: 1. There is no documentation of emergency evacuation and shelter-in-place drills to review. 2. The provider acknowledge the drills had not been conducted in several months.”

Rule 8VAC20-800-830-A.

8VAC20-800-870-E

“Based on observation, food was not served in a clean and sanitary way. Evidence: 1.Caregiver #2 served the morning snack of goldfish crackers on one plate and placed in the center of the table for all the children to eat from the same plate. 2. Five children were eating from the same plate of goldfish crackers.”

Rule 8VAC20-800-870-E.

8VAC20-800-90-A

“Based on record review, before a child may attend the family day home, the provider did not obtain documentation that the child has been adequately immunized. Evidence: 1.Child #4 (DOE 11/18/22) did not have documentation of immunization at the time of inspection (2/21/23). 2.Child #7 did not have documentation of immunizations at the time of inspection (2/21/23)”

Rule 8VAC20-800-90-A.

8VAC20-800-920

“Based on observation and interview, when meals or snacks are provided by the family day home, the menu for the current one-week was not given to parents or posted or placed in an area accessible to parents. Evidence: 1. Menu was not posted in the facility. 2. The provider acknowledge she did not have menu for the week. She confirmed she does not give the menu to parents or post the menu in an area accessible to parents.”

Rule 8VAC20-800-920.

8VAC20-820-120-E-2

“Based on observation and interview, certain documents related to the terms of the license were not posted as required on the premises of each facility. The findings of the most recent inspection were not posted in the facility. Evidence: The most recent inspection (9/13/22) was not posted in the facility. 2. The provider acknowledged the inspection report was not posted.”

Rule 8VAC20-820-120-E-2.

22.1-289.035-B-2

“Based on observation and interview, the provider failed to obtain a criminal history records check prior to the 1st day of employment/service. Evidence: 1. Caregiver #2?s record did not have documentation of a criminal background check. 2. No records were available to review. 3. The provider acknowledged there was no criminal background check completed.”

Rule 22.1-289.035-B-2. From a complaint.

8VAC20-770-60-B

“Based on record review and interview, the provider did not obtain a sworn statement prior to 1st day of employment/service or residence. Evidence: Caregiver #2?s record did not contain documentation of a completed sworn statement prior to the first day of employment.”

Rule 8VAC20-770-60-B. From a complaint.

Based on a review of Household Member’s records, the Family Day Home failed to obtain a Criminal History Background check for a household member that reached the age of 18.

“Evidence: Household Member #1 does not have documentation of a Criminal History Background check.”

Rule 8VAC20-770-40-C-1-c.

Based on a review of Household Member’s records, the Family Day Home failed to obtain a sworn statement for a household member that reaches the age of 18.

“Evidence: Household Member #1’s record does not have documentation of a Sworn Statement. The household member reached the age of 18 on 11/19/2021.”

Rule 8VAC20-770-40-D-4-a.

Based on a review of household member’s records, the Family Day Home failed to obtain a Central Registry Background check within 30 days of a person in the home turning 14 years old

“Evidence: Household Member #3 turned 14 years old on 12/25/2021 and does not have documentation of a Central Registry Background check.”

Rule 8VAC20-770-40-D-5-a.

Based on observation, the provider did not keep poisonous materials in an area not accessible to children.

“Evidence: The laundry detergent was on top of the washing machine and accessible to children.”

Rule 8VAC20-800-280.

Based on a review of child records, the Family Day Home did not obtain all required documentation for all children enrolled in the program.

“Evidence: Child #1’s record was missing the address of one of the emergency contacts. Child #2’s record was missing the names of persons authorized to pick up the child, if parents can not be reached. Child #2’s record is missing documentation of health insurance and policy number. Child #3’s record did not contain documentation of the first date of attendance.”

Rule 8VAC20-800-60-A.

Based on a review of child records, the center failed to provider all required documentation for parent review before the child’s first day.

“Evidence: Child #1, #2 and #3’s records do not have current documentation of the provisions of the Family Day Home’s emergency response plan.”

Rule 8VAC20-800-70-A.

Based on observation, the Family Day Home did not have a first aid kit with the required equipment.

“Evidence: The first aid kit did not have tweezers, 2 triangular bandages or a first aid manuel.”

Rule 8VAC20-800-760-A-1.

Based on a review of evacuation logs, the Family Day Home failed to ensure that evacuation drills are conducted monthly.

“Evidence: Evacuation drills were not conducted for July, August, September, October, November, and December of 2021. Evacuation drills were not conducted for January and February 2022.”

Rule 8VAC20-800-830-A.

Based on observation, the provider did not have a menu posted in an area accessible to parents.

“Evidence: The provider did not have a current menu posted.”

Rule 8VAC20-800-920.

Based on observation, the provider did not have an operable thermometer to monitor refrigerator and freezer temperatures.

“Evidence: The refrigerator nor the freeze had operable thermometers.”

Rule 8VAC20-800-940-B.