Etelbina Marroquin

The provider will have a sworn statement completed prior to employment for employees disclosing whether he has ever been convicted of or is the subject of pending charges for an offense within or outside of the Commonwealth and whether he has been the subject of a founded complaint of child abuse or neglect.

“Staff A had no sworn statement provided to show the status of any convictions or for child abuse or neglect.”

Rule 22.1-289.035-B-1.

The provider shall have staff submit fingerprinting completed prior to employment.

“Staff A had no fingerprint record check.”

Rule 22.1-289.035-B-2.

The provider shall obtain a copy of the results of a search of the central registry for any founded complaint of child abuse or neglect for staff prior to employment.

“Staff A had no central registry background check.”

Rule 22.1-289.035-B-3.

The provider shall maintain a record for each caregiver.

“Staff A had no record on file.”

Rule 8VAC20-800-120-A.

The child’s record shall contain signed acknowledgement of receipt of information from the parents.

“Child D had no documentation of receipt of the following by the parents: liability insurance, emergency preparedness plan and policies for medication administration.”

Rule 8VAC20-800-60-B.

The provider will annually review the emergency contact information with the parents.

“Child E and H had no annual review of the contact information in the record.”

Rule 8VAC20-800-780-B.

The provider shall obtain documentation of additional immunizations every six months for children under two years of age.

“Child B, E and G had no current immunization records in the file.”

Rule 8VAC20-800-90-C.

Areas and furnishings of the family day home, inside and outside, shall be maintained in a clean, safe, and operable condition.

“The rope connecting swing to structure was slightly frayed.”

Rule 8VAC20-800-240-A.

The caregivers are required to have current certification in CPR.

“Staff A had no current documentation of current CPR. The previous CPR expired over 4 months prior.”

Rule 8VAC20-790-250-D-1.

Caregivers shall have current certification in first aid.

“Staff A had no documentation of a current first aid certificate. The previous first aid expired over 4 months prior.”

Rule 8VAC20-790-250-D-2.

Caregivers shall annually complete the department’s health and safety update training.

“Staff D had no documentation of a current health and safety training. The last completed training was over a year prior.”

Rule 8VAC20-790-250-F.

The provider shall obtain documentation of a physical examination by a physician prior to a child’s attendance or within 30 days of the first day of attendance.

“Child A, attending for the past four months, had no physical examination documentation in the record.”

Rule 8VAC20-800-100-A.

Fireplaces and chimneys shall be inspected annually.

“The Provider had no documentation of an annual fire inspection at the time of inspection.”

Rule 8VAC20-800-320-G.

A child’s record shall contain two designated persons to contact in case of an emergency,

“Child D had only one emergency contact in the record.”

Rule 8VAC20-800-60-B.

The provider is required to have a current certification in cardiopulmonary resuscitation (CPR).

“Certification for CPR for the provider has been expired for over six weeks.”

Rule 8VAC20-800-140-B-3.

The provider is required to have a current certification in first aid.

“Certification for first aid for the provider has been expired for over six weeks.”

Rule 8VAC20-800-140-B-4.

8VAC20-800-170-A

“REPEAT VIOLATION The provider shall obtain from each caregiver at the time of hire and each adult household member prior to coming into contact with children a current Report of Tuberculosis Screening form. Caregiver #1 has been in contact with children for over 18 months without obtaining a current report of tuberculosis screening.”

Rule 8VAC20-800-170-A.

8VAC20-800-180-A

“REPEAT VIOLATION The provider shall obtain for each caregiver a current Report of Tuberculosis (TB) Screening form, every two years from the date of the first screening . The current TB screening for the provider has been expired for over 8 weeks.”

Rule 8VAC20-800-180-A.

8VAC20-800-320-G

“REPEAT VIOLATION Wood burning stoves and fireplaces and associated chimneys shall be inspected annually by a knowledgeable inspector to verify that the devices are properly installed, maintained, and cleaned as needed. Documentation of the inspection and cleaning shall be maintained by the provider. The wood burning stove and associated chimney have not been inspected annually.”

Rule 8VAC20-800-320-G.

8VAC20-800-780-B

“REPEAT VIOLATION Annually, the provider shall review with the parent the emergency contact information required to ensure the information is correct, and obtain the parent’s signed acknowledgment of the review. The emergency contact information for child #1 has not been reviewed for over 14 months.”

Rule 8VAC20-800-780-B.

8VAC20-800-90-A

“Before a child may attend the family day home, the provider shall obtain documentation that the child has been adequately immunized. The family day home had not obtained documentation that child #5 has been adequately immunized, who has been attending for over three weeks.”

Rule 8VAC20-800-90-A.

The family day home shall obtain documentation of additional immunizations for a child who is not exempt from the immunization every six months and under the age of two.

“Child #2 who is under the age of two has not had updated immunization documentation for over 20 months. Child #3 who is under the age of two has not had updated immunization documentation for over 23 months.”

Rule 8VAC20-800-90-C.

8VAC20-800-170-A

“Based on review of caregivers records, each caregiver at the time of hire, did not have a current report of tuberculosis screening with it documenting the absence of tuberculosis in a communicable form. Evidence Caregiver #1 (date of hire 6/7/2023) does not have documentation of a current report of tuberculosis screening with it documenting the absence of tuberculosis in a communicable form.”

Rule 8VAC20-800-170-A.

8VAC20-800-180-A

“Based on review of each caregiver record, the provider did not obtain a current report of tuberculosis screening every two years from the date of the first screening for an adult household member. Evidence Household member #1 does not have documentation of a current report of tuberculosis screening. The report of tuberculosis screening in the record expired 9/19/2022.”

Rule 8VAC20-800-180-A.

8VAC20-800-320-G

“Based on observation, the provider did not maintain documentation of the annual inspection and cleaning of the wood burning stove and associated chimney. Evidence The documentation of the last annual inspection and cleaning of the wood burning stove and associated chimney was dated 9/2/2022.”

Rule 8VAC20-800-320-G.

8VAC20-800-750-A

“Based on review of children’s records, forms for topical skin products did not include parental authorization for specific products. Evidence The forms for topical skin products for child # 1, 2, 3, and 5 did not list specific products. Listed on the forms were bug spray, diaper ointment, sunscreen for example.”

Rule 8VAC20-800-750-A.

8VAC20-800-780-B

“Based on review of children’s records, the provider did not annually review with the parent the emergency contact information. Evidence The record for child #2, first day of attendance 1/26/2023, was not annually reviewed with the parents. The last parental review of the record was dated1/5/2023.”

Rule 8VAC20-800-780-B.

8VAC20-800-800-B

“Based on review of the emergency plan, the provider did not review and update the plan at least annually. Evidence The emergency plan was last reviewed and updated 11/14/2022.”

Rule 8VAC20-800-800-B.

8VAC20-800-530-C

“Based on observation cots have sheets on them and they are not assigned for individual use. Evidence The cots located in the closet that are used by the children for napping all have sheets on them and are not assigned for individual use.”

Rule 8VAC20-800-530-C.

8VAC20-800-750-A

“Based on observation in the diapering area, diaper creams were located and were not labeled with a child’s name. Evidence Two diaper creams located on the high shelf by the diapering area were not labeled with a child’s name.”

Rule 8VAC20-800-750-A.

Based on a review of caregiver records, the provider failed to ensure that an assistant who is left alone with children in care shall have a current certification in cardiopulmonary resuscitation (CPR) as appropriate to the age of the children in care from the American Red Cross, American Heart Association, American Safety and Health Institute or National Safety Council or current CPR certification issued within in the past two years by a community college, a hospital, a rescue squad, or a fire department.

“Evidence: Caregiver #2’s records do not contain documentation of CPR certification.”

Rule 8VAC20-800-150-D-1.

Based on a review of caregiver records, the provider failed to ensure that an assistant who is left alone with children in care shall have current certification in first aid from the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council, or current first aid certification issued within the past three years by a community college, a hospital, a rescue squad, or a fire department.

“Evidence: Caregiver #2’s records do not contain documentation of a current certification in First Aid.”

Rule 8VAC20-800-150-D-2.

Based on observation, the provider failed to ensure that potentially poisonous substances, materials and supplies such as but not limited to cleaning agents, disinfectant, deodorizers, plant care chemicals, pesticides and petroleum distillates shall be stored away from food in areas inaccessible to children.

“Evidence: In the room off the eating area, cleaning products(Fabuloso,and Pure Bright Disinfectant) were located on the floor in an area accessible to children.”

Rule 8VAC20-800-280.

Based on observation, the provider did not ensure the family day home had a working portable battery-operated weather band radio and extra batteries that shall be kept in a designated area and be available to caregivers at all times.

“Evidence: The provider did not have a portable battery-operated weather band radio or extra batteries accessible to caregivers.”

Rule 8VAC20-800-770.

Based on a observation, the provider failed to ensure that meals or snacks provided by the family day home, the menu should sist any substituted food.

“Evidence: On the day of the inspection, the menu stated that hamburgers and buns would be served; however ham sandwiches were substituted but not listed as a substitute food.”

Rule 8VAC20-800-920.

Based on observation the provider failed to ensure that potentially poisonous substance shall be stored in areas inaccessible to children.

“Evidence: In the smaller bathroom, a medicated ointment was left on the back of the toilet - an area accessible to children.”

Rule 8VAC20-800-280.

Based on a review of the attendance log, the provider failed to keep a written record of children in attendance each day.

“Evidence: There were eight children present, but there were only seven listed on the attendance log.”

Rule 8VAC20-800-50-A.

Based on observation the caregiver did remain physically present to provide direct care and supervision of each child at all times. Direct care and supervision of each child include: awareness of and responsibility for each child in care, including being near enough to intervene if needed.

“Evidence: Caregiver #1 let 3 toddlers alone in the play area of the daycare facility to retrieve an infant from another caregiver. The children were left for approximately 2 minutes.”

Rule 8VAC20-800-560-A.

Based on a review of children’s records, the provider failed to obtain all required documentation for each child enrolled.

“Evidence: Child #1’s record did not contain documentation of the names of persons other than the custodial parents who are authorized to pick up the child.”

Rule 8VAC20-800-60-B.

Based on observation, the provider failed to ensure that children’s hands are washed with liquid soap and warm running water when their hands are dirty,

“Evidence: The children had come from outside, where they had been playing, and the children’s hands were not washed.”

Rule 8VAC20-800-680-B.

Based on observation, the provider failed to ensure that children shall not be allowed to eat or drink while walking, running, playing, lying down or riding in vehicles.

“Evidence: Child #6 was walking and playing outside with a yogurt pouch in his mouth.”

Rule 8VAC20-800-900-B.

Based on a review of records, the provider failed to orient the substitute prover and assistant by the end of their first week of assuming job responsibilities.

“Evidence: Caregiver #2’s record does not contain documentation of orientation by end of first week of assuming job responsibilities.”

Rule 8VAC20-800-200-A. From a complaint.

Based on a review of the license, the provider failed to ensure that the total number of children receiving care at any one time does not exceed to the maximum licensed capacity of the home.

“Evidence: The license states that the capacity of 7, but provider had 11 children present.”

Rule 8VAC20-800-40-A. From a complaint.

Based on a review of attendance logs, the provider failed to ensure that a written record of children’s attendance is completed each day.

“Evidence: At arrival, the provider had 5 names on the attendance log, but there were 11 children in attendance.”

Rule 8VAC20-800-50-A. From a complaint.

Based on a review of children’s records, the provider failed to ensure that all required documentation is obtained for every child enrolled.

“Evidence: 1. Child #1, #2,#4 and #5’s records do not contain documentation of the work place name, address and telephone number of each parent who has custody. 2. Child #5’s record does not have documentation of the names of persons other than the custodial parents who are authorized to pick up the child.”

Rule 8VAC20-800-60-B. From a complaint.

Based on a review of records, the provider did not obtain Criminal History Records check prior to the first day of employment.

“Evidence: Caregiver #2’s record does not have documentation of a criminal history records check by the first day of employment. First date of employment 11/04/2022.”

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

Based on a review of caregiver records, the provider failed to obtain central registry background check results by the 30th day of employment.

“Evidence: Caregiver #2’s record does not contain documentation of a central registry background check by the 30th day of employment. The first day of employment was 11/04/2022.”

Rule 8VAC20-770-60-C-2. From a complaint.

Based on a review of children’s records, the provider failed to obtain documentation of a physical examination by or under the director of a physician prior to a child’s attendance or within 30 days after the first day of attendance.

“Evidence: 1. Child #5’s record does not contain documentation of a physical by the 30th day of attendance. The first day of attendance was 04/06/2021.”

Rule 8VAC20-800-100-A. From a complaint.

Based on observation, the provider failed to ensure that the total number of children receiving care at any one time does not exceed the maximum licensed capacity of the home.

“Evidence: At the time of the inspection, the provider had 10 children present, the licensed capacity is 7.”

Rule 8VAC20-800-40-A. From a complaint.

Based on discussion with provider and observation, the provider failed to maintain records in the home and that they are made accessible to the department’s representative.

“Evidence: At the time of the inspector’s arrival, the staff records were not on site. The records were brought to the family day home during the inspection.”

Rule 8VAC20-800-50-B. From a complaint.

Based on discussion with provider and observation, the provider failed to ensure that children’s records shall be maintained and up to date at the family day home for each enrolled child.

“Evidence: At the inspector’s arrival, there were no children’s records on site. They were brought to the building during the inspection.”

Rule 8VAC20-800-60-A. From a complaint.

Based on a review of children’s records, the provider failed to ensure that children’s records contain all required documentation.

“Evidence: 1. Child #1’s record does not contain documentation of the names of persons other than the custodial parents who are authorized to pick up the child.”

Rule 8VAC20-800-60-B. From a complaint.

Based on a review of children’s records, the provider failed to ensure that before a child may attend the family day home, the provider shall obtain documentation that the child has been adequately immunized according to the Code of Virginia.

“Evidence: Child #5’ record does not contain documentation of immunization on the first day of attendance. The first day of attendance was04/06/2021.”

Rule 8VAC20-800-90-A. From a complaint.

Based on observation, the center failed to ensure that the most recently issued license shall be posted.

“Evidence: The Conditional License issued to the provider was not posted.”

Rule 8VAC20-820-120-E-1. From a complaint.

Based on a review of household member records, the family day home failed to obtain documentation of a criminal history background check for all household members over the age of 18.

“Evidence: Household member #1’s record did not contain documentation of a criminal records background check.”

Rule 22.1-289.036-B-2.

Based on observation the provider failed to ensure that a child day program that serves pre-school children shall be equipped with at least one carbon monoxide detector.

“Evidence: The family day home did not have a carbon monoxide detector.”

Rule 22.1-289.058.

Based on review of records, the provider failed to obtain a sworn statement or affirmation from any other adult living in the family day home upon application for licensure.

“Evidence: Household member #1’s record did not contain documentation of a sworn statement or a central registry background check at the time of application.”

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

Based on observation, the provider failed to ensure that areas and furnishings of the family day home, inside and outside shall be maintained in a clean, safe and operable condition.

“Evidence: The cribs had the “hazardous - keep out of reach of children” plastic covering the mattress.”

Rule 8VAC20-800-240-A.

Based on observation, the family day home did not ensure that the bathroom shall be kept clean and contain a working toilet and sink, toilet tissue, liquid soap and paper towels.

“Evidence: There were no paper towels in the bathroom used by the children.”

Rule 8VAC20-800-340-C.

Based on a review of records, the family day home failed to have a written emergency preparedness and response plan.

“Evidence: The provider did not have documentation of a written emergency preparedness plan.”

Rule 8VAC20-800-800-A.