Brilliant Minds Learning Center

22.1-289.058

“Each building that was built before 2015 and that houses a child day program that is licensed that serves preschool-age children shall be equipped with at least one carbon monoxide detector. There was no carbon monoxide detector in the building.”

Rule 22.1-289.058.

8VAC20-780-340-F

“Children under 10 years of age shall always be within actual sight and sound supervision of staff. During the inspection, five infants were observed asleep in the infant room unsupervised for the majority of the inspection.”

Rule 8VAC20-780-340-F.

8VAC20-780-350-B-1

“(Repeat Violation) The required staff-to-children ratios for birth to 16 months is one staff per four children. Staff #3 and Staff #5 were observed supervising 16 children the youngest child was 15 months old.”

Rule 8VAC20-780-350-B-1.

8VAC20-780-440-G

“Cribs shall be used for children under 12 months of age. Child #2, eight months old, was placed in a swing to sleep.”

Rule 8VAC20-780-440-G.

Hand Washing: (Repeat Violation) Children’s hands shall be washed with soap and running water or disposable wipes before and after eating meals and snacks. The children’s hands in the toddler group were not washed before or after lunch.

“Children’s hands shall be washed with soap and running water after toileting and staff shall was their hands before and after a diaper change. One staff, in the toddler room, did not wash the child’s hands with soap and water after the diaper change and did not wash their hands before and after the diaper change.”

Rule 8VAC20-780-500-A.

Diapering; soiled clothing:

Rule 8VAC20-780-500-B.

8VAC20-780-560-F

“(Repeat Violation) When centers choose to provide meals or snacks, centers shall follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program of the United States Department of Agriculture (USDA). Children were provided only two of the five required components at lunch time.”

Rule 8VAC20-780-560-F.

8VAC20-780-70

“(Repeat Violation) Documentation of at least 2 references to character, reputation, and competency are to be checked prior to employment and shall include dates of contact. Staff #2, employed for four years, had only one reference verification and it did not include the date of contact.”

Rule 8VAC20-780-70.

8VAC20-780-160-C

“Staff members and individuals from independent contractors shall obtain and submit the results of a follow-up tuberculosis screening at least every two years from the date of the first initial screening or testing, or more frequently as if recommended by a licensed physician or the local health department, Staff #5’s last TB screening was overdue by more than 1 year and 5 months.”

Rule 8VAC20-780-160-C.

8VAC20-780-420-E-3

“Staff must request at least annually parent confirmation that the required information in the child’s record is up to date. The records for child #2 and child #4 did not contain documentation to demonstrate that the parent had confirmed that the information in the child’s record was up to date. This information was overdue by more than 7 months for child #2 and overdue by more than 2 years for child #4.”

Rule 8VAC20-780-420-E-3.

8VAC20-780-560-F

“When centers choose to provide meals or snack, they are required to follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program of the United States Department of Agriculture (USDA). USDA requires that require milk, grains or bread, meat or meat alternate, and two different servings of fruit or vegetable be served at lunch. The children were served Chicken, green beans and apple juice for lunch. A grain and milk were missing from the required food components.”

Rule 8VAC20-780-560-F.

8VAC20-780-70

“Documentation of at least 2 references to character, reputation, and competency are to be checked prior to employment. Staff #1, who has been actively working at the center for the past 19 days, had 1 out 2 completed reference verifications on file.”

Rule 8VAC20-780-70.

Physical examination completed by a physician shall be obtained prior to the first day of attendance within 30 days after the first day of attendance.

“There was no physical examination in the record of Child#2, who had been enrolled for 2 months.”

Rule 8VAC20-780-140-A.

Hazardous substances shall be kept in a locked place using a safe locking method that prevents access by children.

“A container of cornstarch baby powder with the warning labels, “keep out of reach of children, were unlocked on top of the cubby , within reach of the children.”

Rule 8VAC20-780-280-B.

8VAC20-780-350-B-1

“The required staff-to-children ratios for birth to 16 months is one staff per four children. Staff#1 and Staff#2 were observed supervising 10 children (youngest child 13 month old) from approximately 10:42 am -11:30 am.”

Rule 8VAC20-780-350-B-1.

Children’s hands shall be washed with soap and running water or disposable wipes before and after eating meals or snacks.

“The children’s hands in the toddler group were not washed with soap and running water before eating lunch.”

Rule 8VAC20-780-500-A.

When centers choose to provide meals or snacks, centers shall follow the most recent, age-appropriate nutritional requirements of the Child and Adult Care Food Program of the United States Department of Agriculture (USDA)

“The children’s lunch did not follow the most recent, age appropriate nutritional requirements of the Child and Adult Care Food Program of USDA.”

Rule 8VAC20-780-560-F.

Staff records shall be kept for each staff person.

“The record for Staff#3 was not available for review. The staff was present and supervising children in care during the inspection.”

Rule 8VAC20-780-70.

When staff are supervising children, they shall always ensure their care, protection, and guidance.

Rule 8VAC20-780-340-A.

The following actions or threats thereof are forbidden: enclosure in any space that child cannot freely exit himself.

“On August 2, 2024 Child#1 (age 18 months) was strapped into a toddler chair with a booster seat attachment for approximately 10 minutes with no activity. The child rocked the chair back and forth and attempted to exit the chair multiple times before falling over onto the floor with the chair still attached to their body.”

Rule 8VAC20-780-410-2.

Furnishings, equipment, and materials shall be of an appropriate size for the child using it.

“The center strapped a booster seat onto a toddler chair for an 18 month old child. The booster seat is only to be used on dining chairs with a seat at least 14 inches wide, 14 inches deep, and a backrest at least 12 inches high.”

Rule 8VAC20-780-430-A.

Based on review of staff records and interview, the center did not ensure to submit fingerprinting to obtain the Office of Background Investigation (OBI) determination letter for all staff.

“Evidence: In Staff#2’s record (date of hire: 05/01/24), the OBI determination letter was not found for review. Interview with staff confirmed the results of fingerprinting for the staff was not available for review during the inspection.”

Rule 22.1-289.036-B-2.

Based on review of staff records and interview, the center did not ensure each staff member submit documentation of a negative tuberculosis screening within the last 30 calendar days.

“Evidence: In Staff#4’s record (date of hire: 05/20/24), there was no documentation of a tuberculosis screening found. Interview with staff confirmed the documentation was not available for review during the inspection.”

Rule 8VAC20-780-160-A.

Based on observation and interview with staff, the center did not ensure children under 10 years of age always shall be within actual sight and sound supervision of staff.

“Evidence: In the Infant room, Staff#1 and Staff#2 were observed outside of the area while Child#1 (6 months old), and Child#2 (4 months old) were left unsupervised while in infant equipment. Interview with Staff#1 confirmed the two infants being unsupervised by staff without actual sight and sound supervision.”

Rule 8VAC20-780-340-F.

Based on review of children’s record and interview, the center did not ensure to obtain a written care plan for each child with a diagnosed food allergy.

“Evidence: In Child#3’s record (start date: 04/08/24), there was not a written care plan found for documented food allergies in the record. Interview with staff confirmed a written care plan was not available for review.”

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

Based on review of staff records and interview, the center did not ensure to obtained documentation of two or more references as to character and reputation before employment or volunteering.

“Evidence: In Staff #2’s record (date of hire: 5/16/2024) there was no documentation of references found for review. Interview with staff confirmed the documentation was not available for review during the inspection.”

Rule 8VAC20-780-70.

Based on review of staff records and interview, the center did not ensure to obtain a copy of the results of a search of the child abuse and neglect registry or equivalent registry from any state in which the individual has resided in the preceding five years.

“Evidence: In Staff#3’s record (date of hire: 12/11/23), there was no documentation of a search of the child abuse and neglect registry from the state of New York. Interview with staff confirmed the documentation for an out of state search was not available for review during the inspection.”

Rule 22.1-289-036-B-4.

Based on review of records and interview, in 1 of 5 children’s records the center did not ensure to obtain documentation of the immunization before the child can attend the center.

“Evidence: In Child#1’s record (start date: 12/13/23) there was no documentation of the immunizations found for review. Interview with staff confirmed the documentation was not available for review during the inspection.”

Rule 8VAC20-780-130-A.

Based on review of staff records and interview, the center did not ensure to obtain tuberculosis screening at least every two years from the date of the first initial screening or testing.

“Evidence: In Staff#2’s record (date of hire: 11/19/21) the last dated tuberculosis screening or testing was dated 12/29/21. Interview with staff confirmed that documentation available for review during the inspection.”

Rule 8VAC20-780-160-C.

Based on documentation and interview, the center did not ensure to obtain an annual approval from the health department.

“Evidence: The center’s last annual health inspection was dated 09/16/22 on the health department website. Interview with staff confirmed the documentation available for review during the inspection.”

Rule 8VAC20-780-260-B.

Based on interview, the center did not ensure to maintain documentation of shelter in place and locked down drills as required.

“Evidence: Interview with staff confirmed the documentation for implementation of the shelter in place and locked down drills were not available for review during the inspection.”

Rule 8VAC20-780-550-G.

Based on observation and photographs, the center did not ensure all hazardous substances are kept in a locked place using a safe locking method that prevents access by children.

“Evidence: 1. The center’s kitchen safety gate was observed opened and the cabinet under the sink containing multiple disinfectant cleaners, glass cleaners, dish detergent, and repellent with the labels “keep out of reach of children” and “caution”. 2. Photographs of observations at the center during the inspection.”

Rule 8VAC20-780-280-B.

Based on observation and interview, the center did not ensure compliance of staff to children ratios whenever children are in care.

“Evidence: 1. There was observations of the outdoor playground area with two staff present supervising 11 children with the youngest child being 5 months. 2. In the Infant room, there were 6 children (youngest 4 months) present being supervised by one staff during the inspection.”

Rule 8VAC20-780-350-B-1.

Based on observations and photographs, the center did not ensure all furnishings, equipment, and materials are appropriate for the child using it.

“Evidence: 1. There were observation of infant walkers being used at the center 2. Photograph of the two infant walkers observed at the center during the inspection.”

Rule 8VAC20-780-430-A.

Based on review of children’s record and interview, the center did not ensure each child enrolled records contain all information.

“Evidence: In Child#2’s record (start date: 05/23/23) there two emergency contacts listed addresses were incomplete. In Child#4’s record (start date: 07/17/2023), there were no emergency contacts listed for review. Interview with staff confirmed information available for review during the inspection.”

Rule 8VAC20-780-60-A.

Based on review of staff records and interview, the center did not ensure to obtain all staff record information.

“Evidence:1. In Staff #2’s record, there was no documentation found for a signature of person making calls for references. 2. In Staff#3’s record (date of hire: 11/15/22), there was no documentation of dates of contact for references. 3. In Staff#4’s record (date of hire 05/03/23), there was no documentation found for a signature of person making calls for references.”

Rule 8VAC20-780-70.

Based on review of staff records and interview, the center did not ensure to obtain a copy of the results of a search of an out of state child abuse and neglect registry.

“Evidence: In Staff#1’s record (date of hire: 09/13/22), there was no results of an out of state central registry found. Interview with staff confirmed the search results not being available for review during the inspection.”

Rule 22.1-289.035-B-4.

Based on observation, the center did not ensure children’s hands shall be washed after toileting and any contact with blood, feces, or urine.

“Evidence: During the inspection on March 3, 2023, there was observation of Staff#1 diapering a child in the restroom on the diapering area and Child#1’s hands were not washed after diapering.”

Rule 8VAC20-780-500-A.

Based on review of staff records and interview, the center did not ensure a current certification in cardiopulmonary resuscitation (CPR) within 90 days.

“Evidence: In Staff#1’s (date of hire: 09/13/22) and Staff#2’s (date of hire: 11/15/22) records, there was no current certificate of CPR training found Interview with staff confirmed this information was not available during the inspection.”

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

Based on review of staff records and interview, the center did not ensure a current certification in first aid within 90 days.

“Evidence: In Staff#1’s (date of hire: 09/13/22) and Staff#2’s (date of hire: 11/15/22) records, there was no current certificate in first aid training found Interview with staff confirmed this information was not available during the inspection.”

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

Based on review of documentation and interview, the center did not ensure to maintain documentation of practiced emergency drills.

“Evidence: In review of the emergency drills log, there was no documentation found for two shelter in places and lockdown drills. Interview with staff confirmed the documentation was not available during the inspection.”

Rule 8VAC20-780-550-G.

Based on review of staff records and interview, the center did not ensure to obtain documentation of tuberculosis screening within the last 30 calendar days.

“Evidence: In Staff#3’s record (date of hire 07/06/22), the TB screening provided for inspection was dated 05/07/22. Interview with staff confirmed the most recent TB screening available for review.”

Rule 8VAC20-780-160-A.

Based on observation, the center did not ensure all hazardous substances are kept in a locked place using a safe locking method.

“Evidence: In the Infant room, there was a bottle of multi-surface cleaner and hand sanitizer observed on the shelves unlocked with the labels “keep out of reach of children” and “warning”.”

Rule 8VAC20-780-280-B.

Based on review of staff record, the center did not ensure to obtain Office of Background investigation (OBI) determination letter results prior to employment of staff.

“Evidence: 1. In Staff#1’s record (date of hire:3/11/22),there was no documentation of an OBI determination letter available for review during this inspection. 2. In Staff#3’s record (date of hire: 3/12/22), there was no documentation of an OBI determination letter available for review during this inspection.”

Rule 22.1-289.035-B-2.

Based on observation, the center did not ensure to provide awake infants not playing on the floor or ground a change in play space at least every 30 minutes or more often as determined by the individuals infant’s needs.

“Evidence: During the inspection on May 5, 2022, Staff#1 was supervising children the infant room, and Child#2 (DOB:6/17/21) was awake in the crib from approximately 1:16 pm until approximately 2:06 pm.”

Rule 22VAC40-185-370-5.

Based on review of staff records, the center did not ensure to obtain a completed sworn state- ment or affirmation for all employees or volunteers of a licensed or registered child day program.

“Evidence: In Staff#1’s record (date of hire:3/11/22), there was no documentation of a completed sworn statement or affirmation found.”

Rule 8VAC20-770-60-B.

Based on review of staff records, the center did not ensure to obtain a central registry finding within 30 days of employment or volunteer service.

“Evidence: In Staff#1’s record (date of hire: 3/11/22), there was no central registry findings available for review during this inspection.”

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

Based on interview, the center did not ensure to obtain a program director meeting the following qualifications.

“Evidence: Interview with staff confirmed the center currently does not have a program director and has been without a director for one month.”

Rule 8VAC20-780-190-A.

Based on documentation review, the center did not ensure staff shall complete timeframe for orientation training prior to the staff member working alone with children.

“Evidence: There was no documentation of orientation completion provided for review for Staff#1 (date of hire: 3/11/22) during this inspection.”

Rule 8VAC20-780-240-B.

Based on observation, interview, and photographs, the center did not ensure all hazardous substances are kept in a locked place using a safe locking method that prevents access by children. Evidence: During the inspection on May 5, 2022, the following areas were observed in the center containing hazardous substances with the labels, “keep out of reach of children”, “flammable”, and “Warning”:

“1. The center’s classroom area and bathroom there were disinfectant spray, multi-purpose cleaners, and sanitizers observed on top of shelves. Interview with staff confirmed these hazardous substances were not kept in a locked place for staff’s convenience for cleaning purposes. 2. The center’s kitchen area was observed with the safety gate unlocked and the unlocked cabinet under the sink contained a cleaning product. 3. Photographs taken on May 5, 2022 of the center’s areas observed by the inspector where hazardous substance were not kept in a locked place.”

Rule 8VAC20-780-280-B.

Based on observation and interview, the center did not ensure all children in care are provided cots, rest mats or beds.

“Evidence: During the inspection on 05/05/2022, there were four children observed napping on the floor with a nap pad. Interview with staff confirmed the use of the nap pads for napping for the children in care.”

Rule 8VAC20-780-440-A.

Based on observation and staff interviews, the center did not ensure pillows and filled comforters were not be used by children under two years of age.

“Evidence: During the inspection on May 5, 2022, Child#1 (DOB:12/05/21 ) was observed crying with a boppy pillow under their neck and shoulders in the crib. Interview with Staff#1 confirmed use of boppy pillow while infants are in their assigned cribs.”

Rule 8VAC20-780-440-L.

Based on observation and interview, the center did not ensure children’s hands washed after toileting.

“Evidence: During the inspection on May 5, 2022, Staff#2 was observed completing diapering of child in the restroom area and the child’s hands were not washed. Interview with Staff#2 con- firmed the child’s hands not being washed after diapering.”

Rule 8VAC20-780-500-A.

Based on observation and interview, the center did not ensure all medication is kept in a locked place using a safe locking method that prevents access by children.

“Evidence: 1. There was observation of an over the counter bottle of cold medication inside a plastic bag with an oral syringe on top of the children’s cubby accessible to children in care. 2. Interview with staff confirmed the medication was not kept in a locked place using a safe locking method that prevents access by children. 3. Photographs taken by inspector on May 5, 2022 of the visible cold medication observed at the center during the inspection.”

Rule 8VAC20-780-510-L.

Based on observation and interview, the center did not ensure to prepared infant formula is dated and labeled with the child’s name.

“Evidence: During the inspection on May 5, 2022, there was an infant bottle prepared for a child in care without the date and label with the child’s name on it. Interview with staff confirmed the bottle not being labeled with the date and child’s name.”

Rule 8VAC20-780-570-E.

Based on review of children’s records, the center did not ensure 2 of 3 records obtain all information for each child’s record.

“Evidence: In Child#2’s record, the addresses provided for two emergency contacts were incomplete and there was no documentation found for proof of identity and age.”

Rule 8VAC20-780-60-A.

Based on review of staff records, the center did not ensure 2 of 3 records obtain all information for staff records.

“Evidence: 1. In Staff#1’s record (date of hire:3/11/22) there was no documentation of name, address, emergency contact and there was no documentation for two or more references available for review for this inspection. 2. In Staff #2’s record (date of hire:1/20/22) there was documentation for one reference for review during inspection.”

Rule 8VAC20-780-70.

Based on review of staff record and interview, the center did not ensure to obtain a copy of the results of an out of state criminal history record information check, sex offender registry check, and a search of the child abuse and neglect registry in which the individual has resides in the preceding five years.

“Evidence: In Staff#1’s record (date of hire: 12/21/22), there were no results of required out of state background checks found for review during the inspection. Interview with staff confirmed the results of background checks were not available for review at this time.”

Rule 22.1-289.035-B-4.

Based on review of children’s record and interview, the center did not ensure to obtain documentation of immunization of all children before the child can attend the center.

“Evidence: In Child#1’s record (start date: 1/10/22), there was no documentation of immunization found. Interview with staff confirmed the documentation for immunization was not available for review during the inspection.”

Rule 8VAC20-780-130-A.

Based on review of children’s record and interview, the center did not ensure to obtain physical examination documentation within 30 days after the first day of attendance.

“Evidence: In Child#1’s record (start date 1/10/22), there was no documentation of a physical examination found for review. Interview with staff confirmed that documentation for physical was not available during this inspection.”

Rule 8VAC20-780-140-A.