The New E3 School

22.1-289.023-A

“Based on observation, the center failed to ensure that a copy of the Notice of Intent was posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. Evidence: 1. The Notice of Intent, issued on 03/23/2023, was not posted in a prominent place at the public entrance of the facility on both dates of the renewal inspection which was initiated on 01/10/2024 and completed on 01/19/2024. a. The Notice of Intent was posted on a bulletin board located on the wall in the back right hand corner of the office area.”

8VAC20-780-550-D

“Based on record review and interview, the center failed to implement monthly practice evacuation drills. Evidence: 1. The written emergency fire drill log for the facility indicated that a fire drill had not been conducted in October and December of 2023. 2. Administrative staff verified that fire drills had not been conducted in October and December of 2023.”

22.1-289.035-B-4

“Repeat Violation / Systemic Deficiency Based on record review and interview, the center failed 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: 1. The results of an out-of-state central registry check were not on file for staff 1 who has been employed since 09/07/2023 and indicated on her sworn statement of affirmation that she had resided in a state outside of Virginia within the past five years. 2. The results of an out-of-state central registry check were not on file for staff 2 who has been employed since 03/15/2023 and indicated on her sworn statement of affirmation that she had resided in a state outside of Virginia within the past five years. 3. Administrative staff confirmed that the results of an out-of-state central registry check were not on file for these two staff.”

8VAC20-780-160-A

“Repeat Violation/Systemic Deficiency Based on record review and interview, the center failed to ensure that each staff member shall submit documentation of a negative tuberculosis screening at the time of employment and shall have been completed within the last 30 calendar days of employment. Evidence: 1. The tuberculosis screening for staff 3 was conducted after her hire date of 01/13/2023. The TB screening on file was completed on 02/06/2023. 2. Administrative staff confirmed that the TB screening for staff 3 was obtained after her hire date.”

8VAC20-780-510-E

“Based on record review, the center failed to ensure that medication procedures shall include methods to prevent use of outdated medication. Evidence: 1. Written medication logs (reviewed on 01/10/2024) indicate that a prescription medication with an expiration date of 10/2023, was administered to child 1 on 11/14/2023 and 11/15/2023 by staff 4. 2. Administrative staff confirmed the accuracy of the medication log that the medication had been administered after the date of expiration.”

8VAC20-820-120-E-6

“Based on observation, the center failed to ensure that a copy of any special order issued by the department was posted in a prominent place at each public entrance of the licensed premises to advise consumers of serious or persistent violations. Evidence: 1. The special order, issued on 05/08/2023, was not posted in a prominent place at the public entrance of the facility on both dates of the renewal inspection which was initiated on 01/10/2024 and completed on 01/19/2024. a. The special order was posted on a bulletin board located on the wall in the back right hand corner of the office area.”

8VAC20-780-510-P

“Based on medication review, the center failed to ensure that when an authorization for medication expires, the parent shall be notified that the medication needs to be picked up within 14 days or the parent must renew the authorization. Medications that are not picked up by the parent within 14 days will be disposed of by the center by either dissolving the medication down the sink or flushing it down the toilet. Evidence: 1. An over-the-counter medication with an expired authorization was observed in the center medication box when reviewed on 01/10/2024. a. The written authorization for an over-the-counter medication for child 2 expired on 12/15/2023. 2. Administrative staff confirmed that an updated authorization had not been obtained from the parent and physician.”

8VAC20-780-340-A

“Based on staff interviews, record review and a review of center video the center failed to ensure when staff are supervising children, they shall always ensure their care and protection. Evidence: 1. The failure of staff to conduct any check of the playground and accurately complete the name-to-face attendance sheet resulted in child 1, age 3 years, being left on the outdoor play area for approximately 2 minutes 16 seconds on 11/29/2023. a. Center video shows child 1 running into an area of the playground that is covered by a tree and can not be seen by staff 1 who is standing at the classroom door preparing to take the class inside. b. Center video shows staff 1 walking with the class back into the facility without conducting any type of review of the outdoor play area. c. The name-to-face sheet, completed by staff 1 at the conclusion of outdoor play, indicated that child 1 was present. However, child 1 was not present as she remained on the playground without her classmates or assigned caregivers. d. Administrative staff 1 stated that when she walked into the classroom at approximately 4:13 pm she observed, through the classroom window. child 1 standing outside the classroom. e. Administrative staff 1 further stated that staff 1 was not aware that child 1 was outside until it was brought to her attention by administrative staff 1.”

8VAC20-780-340-A

“Based on staff interviews, record review and a review of center video the center failed to ensure when staff are supervising children, they shall always ensure their care and protection. Evidence: 1. The failure of staff to conduct any check of the playground and accurately complete the name-to-face attendance sheet resulted in child 1, age 3 years, being left on the outdoor play area for approximately 2 minutes 16 seconds on 11/29/2023. a. Center video shows child 1 running into an area of the playground that is covered by a tree and can not be seen by staff 1 who is standing at the classroom door preparing to take the class inside. b. Center video shows staff 1 walking with the class back into the facility without conducting any type of review of the outdoor play area. c. The name-to-face sheet, completed by staff 1 at the conclusion of outdoor play, indicated that child 1 was present. However, child 1 was not present as she remained on the playground without her classmates or assigned caregivers. d. Administrative staff 1 stated that when she walked into the classroom at approximately 4:13 pm she observed, through the classroom window. child 1 standing outside the classroom. e. Administrative staff 1 further stated that staff 1 was not aware that child 1 was outside until it was brought to her attention by administrative staff 1.”

8VAC20-780-340-F

“Based on staff interviews and a review of center video, the center failed to ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff. Evidence: 1. Child 1, age 3 years, was left alone, without adult supervision, on the outdoor play area for approximately 2 minutes and 11 seconds on 11/29/2023. a. Center video shows staff 1, who was responsible for the supervision of child 1, going inside of the facility with the 3-year old class at approximately 4:11 pm without child 1. b. Center video shows child 1 running to the classroom door after the class has gone inside with staff 1. c. Child 1 stands at the door until 4:13 pm ( and 16 seconds) when the door is opened for the child to enter into the classroom.”

8VAC20-780-40-E

“Based on record review and interview, the center failed to ensure that the operational responsibilities of the licensee shall include ensuring that the center's activities are maintained in compliance with these standards, the center's own policies and procedures that are required by these standards. Evidence: 1. Staff 2 failed to report a suspicion of inappropriate behavior guidance immediately as required by the center staff handbook which states that staff are to immediately report any suspicion of child abuse or neglect. a. On 08/10/2023 staff 2 reported to administrative staff that she had witnessed multiple incidents of inappropriate behavior guidance dating back to approximately 04/01/2023. b. Staff 2 confirmed to the inspector that she had failed to report her concerns of inappropriate behavior guidance immediately as required. c. Staff 2 additionally confirmed to the inspector that she was aware of the center policy for reporting concerns of inappropriate behavior guidance but had failed to follow.”

8VAC20-780-410-1 Complaint related: No

“Based on interviews and written statements, it was determined that the center did not ensure that the following actions or threats thereof are forbidden: forcing a child to assume an uncomfortable position as punishment. Evidence: 1. Staff #3 observed Staff #2 holding Child #1 by their ankles in a vertical position upside down. The child’s head was over 12 inches off the ground. Staff #3 heard Staff #2 state to Child #1, ?Child #1 it’s time to go to sleep!? 2. Staff #4 observed Staff #2 holding Child #1 upside down by her feet stating, ?Ha ha, I scared you.? Child #1 was observed vertical and off the ground being held by their feet. 3. Staff #1 completed an internal investigation and interviews were conducted of staff that observed the incident. Staff #1 confirmed that they had enough to support the allegations in which the child was placed upside down by Staff #2. Administrative action was taken on Staff #2 which resulted in termination.”

8VAC20-780-270-A

“Based on observation, the center failed to ensure that areas and equipment of the center, inside and outside, shall be maintained in a safe condition. Evidence: 1. Three sections of what appears to be a landscaping hose is exposed in such a way as to create a tripping hazard on the outdoor play area. a. This area is located near the gate used by children and staff to enter and exit from the outdoor play area.”

8VAC20-780-160-A

“Based on record review, the center failed to ensure that each staff member shall submit documentation of a negative tuberculosis screening at the time of employment and shall have been completed within the last 30 calendar days of employment. Evidence: 1. The TB screening for staff 1 was conducted more than 30 days before her hire date of 03/07/2022. The TB screening on file was conducted on 08/31/2021.”

22.1-289.035-B-4

“Based on record review and interview, the center failed to obtain a copy of the results of the results of a criminal history record information check from any state in which the individual has resided in the preceding five years. Evidence: 1. Staff 1 lacked the results of a criminal record check from another state. a. Staff 1 has a hire date of 03/07/2022 and has resided outside of Virginia within the past five years according to documentation on file in the employment record. 2. Administrative staff confirmed that an out-of-state criminal record check had not been obtained for staff 1.”

8VAC20-780-340-A

“Based on observation, interviews, and a review of records, the center failed to ensure that when staff are supervising children, they shall always ensure their care and protection. Evidence: 1. The facility failed to put any systems in place to ensure the care and protection of a two-year old child that had demonstrated behavior challenges. a. Staff 1, staff 2 and staff 3 all reported that a close relative of child 1 indicated that he had problems with hitting and biting during a trial day on 09/30/2022. All three staff noted that child 1 exhibited behavior challenges on this day which included running around the class, turning off the lights, climbing on the furniture and 3 attempts to exit the classroom during the one hour he was in care. b. Staff 1, staff 2 and staff 3 all reported that child 1 exhibited the same challenging behaviors on his first day of care, 10/4/2022, which included: hitting children and staff, throwing toys, running around the classroom, standing on tables, pushing chairs around the classroom, and attempting at least 9 times to run out of the classroom. c. Staff 1, staff 2 and staff 3 additionally reported that child 1 was non-verbal and did not respond to any verbal cues which included his name. 2. All 3 staff stated no plan had been put in place to manage child 1's behaviors and that no one was watching the door during parent pick-up despite the multiple times child 1 had attempted to exit the classroom that morning and on his pervious visit on 09/30/2022. 3. Written information for child 1, age two years, indicated one diagnosed special need. The child's physician indicated that child 1 needed to be referred for evaluation for a second special need. a. Administrative staff stated it was the general practice of the school to have a behavior coach observe new children the first week of school and put plans and training in place once observations had been completed. b. Administrative staff stated they did provide written information to staff regarding child 1's diagnosed special need but no plan was put in place for staff to manage this need. c. Administrative staff stated they were aware that child 1 was under evaluation for a second special need however, no information from the parent was requested and this suspicion was not reviewed or discussed with staff as to how to manage any behavior challenges that could arise from both the diagnosed and suspected special need. 4. Staff 1, staff 2 and staff 3 all stated they had received no information or training strategies regarding child 1's special needs from administrative staff. a. Staff 1 stated the only information she was provided was the name of the child and relevant allergy information. b. Staff 2 stated there was no plan in place and no information had been provided about child 1. "It was his first day so no plan was set in place...no information was provided from leadership." c. Staff 3 stated, "No one from administrative gave us any information about him."”

8VAC20-780-340-F

“Based on staff interviews and a review of center video, the center failed to ensure that children under 10 years of age always shall be within actual sight and sound supervision of staff. Evidence: 1. Staff 1, staff 2 and staff 3, who were responsible for the supervision of child 1 failed to maintain sight and sound supervision of child 1, age 2 years, when he walked out of the classroom and the facility without their knowledge at approximately 3:40 pm on 10/04/2022. 2. Center video footage shows child 1 walking out of the facility behind adult 1 who had 3 children at approximately 3:42 pm. a. child 1 is then observed standing and walking around the sidewalk area in front of the facility. No center staff were present. b. Adult 2, not a staff member, takes child 1 back into the facility and places him in the care of office staff. 3. Staff 1 stated she did not see child 1 leave the classroom and became aware that he was missing when attendance was taken at approximately 3:45 pm. a. Staff 1 stated that staff 2 noted that child 1 was missing when they completed the final attendance before taking the children outside. b. Staff 1 stated she told staff 2 to check the bathroom while she immediately entered the hall way in search of child 1. c. Staff 1 stated she did not see child 1 in the hallway however, as she was walking toward the office, staff 4 was walking toward her to alert her that child 1 had been found outside of the facility and was now in the care of administrative staff. 4. Staff 2 stated she did not see child 1 leave the classroom and became aware that he was missing when attendance was taken at approximately 3:45 pm as the class prepared for outdoor play. a. Staff 2 confirmed that she checked the bathroom, which was empty, while staff 1 left the classroom to search for child 1 in the hallway. 5. Staff 3 verified that child 1 was found to be missing when they counted children in preparation for departure to the playground. "We realized we didn't have child 1." a. Staff 3 verified that after the bathroom was checked, staff 1 left the classroom to search for child 1 where he was found in the office with administrative staff. 6. Administrative staff verified that child 1 was brought into the facility by adult 2 at approximately 3:45 pm after being found standing on the sidewalk in front of the facility. 7. Adult 1 and adult 2 confirmed they observed child 1 outside of the facility without any staff supervision.”

8VAC20-780-160-A-2

“Based on record review, the center failed to ensure that documentation of the TB screening shall have been completed within the last 30 calendar days of the date of employment. Evidence: 1. The TB screening for staff 1, hire date 03/03/2022, was completed on 03/18/2022.”

8VAC20-820-120-E-2

“Based on observation, the center failed to ensure that the findings of the most recent inspection of the facility were posted . Evidence: 1. The violation notice from the renewal inspection conducted on 02/04/2022 were not posted. a. The inspection summary was posted.”

8VAC20-780-70

“Based on record review, the center failed to obtain written documentation that two or more references as to character and reputation as well as competency were checked before employment. Evidence: 1. Staff 5, hire date 12/01/2021, lacked written documentation of a second reference check.”

8VAC20-780-245-A

“Based on record review, the center failed to ensure that staff shall complete annually a minimum of 16 hours of training appropriate to the age of children in care. Evidence: 1. Administrative staff stated there was not written documentation to confirm that staff 7 and staff 8 had completed a minimum of 16 hours of annual training in 2021. 2. A review of staff records for staff 7 and staff 8 did not indicate documentation of any annual training in 2021.”

8VAC20-770-60-C-2

“Based on record review and interview, the center failed to ensure that staff have a central registry finding within 30 days of employment. Evidence: 1. Staff 1, hire date 08/23/2021, lacks the results of a central registry check. 2. Administrative staff stated that staff 1 left employment on 10/29/2021 and that the results of a central registry check were not obtained.”

8VAC20-770-60-B

“Based on record review, the center failed to ensure that an employee must not be employed until the agency or home has the person's completed sworn statement or affirmation. Evidence: 1. Staff 4, hire date 09/13/2021, completed the sworn statement or affirmation on 09/14/2021 which is after the hire date. 2. Staff 5, hire date 12/01/2021, completed the sworn statement or affirmation on 12/14/2021 which is after the hire date.”

22.1-289.035-B-4

“Based on record review and interview, the center failed to obtain a copy of the results of a sex offender registry check, and 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: 1. Staff 1, hire date 11/10/2021, does not have the results of a sex offender check and central registry check from the State of North Carolina. a. Staff 1 indicated on the completed sworn statement or affirmation she had resided in this state within the past five years. 2. Administrative staff confirmed that the results of a sex offender check and central registry check had not been obtained from the State of North Carolina.”

8VAC20-780-160-A

“Based on record review and interview, the center failed to ensure that each staff member and individual shall submit documentation of a negative tuberculosis screening. Evidence: 1. Staff 1, hire date 11/10/2021, lacks documentation of a negative TB screening. 2. Staff 2, hire date, 01/03/2022, lacks documentation of a negative TB screening. 3. Staff 3, hire date, 09/13/2021, lacks documentation of a negative TB screening. 4. Administrative staff confirmed that a TB screening was not on file for these staff.”