DAY CARE INSPECTIONS: DSS Cites Montessori School of Gainesville for Complaint-Related Violations

Posted

The Virginia Department of Social Services concluded a complaint-related inspection of the Montessori School of Gainesville.

The agency cited the facility for various violations, including

  • Intervening to address inappropriate behavior by the children
  • Maintaining sight and sound supervision 
  • Ensuring the care, protection and guidance of the children including providing proper training to all direct care staff

Montessori School of Gainesville is not to be confused with Montessori of Gainesville - Casa dei Bambini, which is a separate company.

Virginia Department of Social Services Comments:

A complaint was received involving the standards. Observations and interviews were conducted on 8/15/13 with the local department of social services from 9 a.m. to 1:30 p.m. and on 8/22/13 from 2:55 p.m. to 5 p.m. The complaint was determined to be valid. Enforcement action will be considered.

Editor's Note: Descriptions of Violations and the responses from the facility came directly, unedited  from the inspection report.

Violations

Standard #: 22VAC15-51-40-D-1

Complaint related: No

Description: Based on interviews and an inspection of the center on 8/15/13 and 8/22/13, it was determined that the center failed to obtain a sworn disclosure statement prior to the first day of services and failed to obtain a criminal records check and central registry finding by the end of the 30th day of providing services for the contract employees as required by this standard. Evidence: The center failed to obtain a sworn disclosure statement on contract workers A, B and an unidentified worker. Two of the workers started providing services in June 2013 and the unidentified worker provided services sometime during the week of 8/5 to 8/9/13.

Action to be Taken: Outside services such as speech therapist and others who come from Prince William County Public Schools (Special Ed Program) will not be allowed to continue the services until files are completed if they need to do one on one with a child. Parents were contacted regarding this violation. Speech Therapist, ABA and OTS were notified regarding this violation. I understand that forgetting people's name is a violation. We will have each contractor's information on file ( time in/out, child's name, county they are working for and a copy of their driver's license.) Follow up with this policy is done by the owner, principal and one teacher. This violation was corrected on 7/31/13.

Standard #: 22VAC15-51-60-B

Complaint related: No

Description: Based on interviews, it was determined that three contract employees were allowed to return to the center to provide services without having a sworn disclosure statement on file as required. Evidence: Since June 2013, contract employees A, B and an unidentified person were allowed to return to the center to provide services to child A without having a sworn disclosure statements on file.

Action to be Taken: Outside services such as speech therapist and others who come from Prince William County Public Schools (Special Ed Program) will not be allowed to continue the services until files are completed if they need to do one on one with a child. Parents were contacted regarding this violation. Speech Therapist, ABA and OTS were notified regarding this violation. I understand that forgetting people's name is a violation. We will have each contractor's information on file (time in/out, child's name, county they are working for and a copy of their driver's license.) Follow up with this policy is done by the owner, principal and one teacher. This violation was corrected on 7/31/13.

Standard #: 22VAC15-51-60-C-1

Complaint related: No

Description: Based on interviews, it was determined that 2 contract employees were allowed to return to the center without having a criminal history record on file within 30 days of providing services to a child at the center. Evidence: Since June 2013, contract employees A & B were allowed to return to the center to provider services to child A without having a criminal history record on file within 30 days of employment.

Action to be Taken: Outside services such as speech therapist and others who come from Prince William County Public Schools (Special Ed Program) will not be allowed to continue the services until files are completed if they need to do one on one with a child. Parents were contacted regarding this violation. Speech Therapist, ABA and OTS were notified regarding this violation. I understand that forgetting people's name is a violation. We will have each contractor's information on file (time in/out, child's name, county they are working for and a copy of their driver's license.) Follow up with this policy is done by the owner, principal and one teacher. This violation was corrected on 7/31/13.

Standard #: 22VAC15-51-60-C-2

Complaint related: No

Description: Based on interviews, it was determined that 2 contract employees were allowed to return to the center without having a central registry finding on file within 30 days of providing services to a child at the center. Evidence: Since June 2013, contract employees A & B were allowed to return to the center to provider services to child A without having a central registry finding on file within 30 days of employment.

Action to be Taken: Outside services such as speech therapist and others who come from Prince William County Public Schools (Special Ed Program) will not be allowed to continue the services until files are completed if they need to do one on one with a child. Parents were contacted regarding this violation. Speech Therapist, ABA and OTS were notified regarding this violation. I understand that forgetting people's name is a violation. We will have each contractor's information on file (time in/out, child's name, county they are working for and a copy of their driver's license.) Follow up with this policy is done by the owner, principal and one teacher. This violation was corrected on 7/31/13.

Standard #: 22VAC40-185-150-A

Complaint related: No

Description: Based on a review of three children's files, it was determined that all three children had obtained immunizations after 7/1/11, but the immunization form did not have a signed statement by their physician certifying that the children were adequately and age appropriately immunized as required by this standard. Evidence: Child B (enrolled on 6/28/12) had immunizations dated 4/18/12, child C (enrolled on 11/5/12) had immunizations dated 11/11/11, and child D (enrolled on 7/23/12) had immunizations dated 4/16/12 , for all three children there was no signed statement from their physician certifying that they were adequately and age appropriately immunized.

Action to be Taken:  All children's files are being updated. We have a plan to go through children's file regularly. The principal understand the importance of children's file being completed.

Standard #: 22VAC40-185-80-A

Complaint related: No

Description: Based on a review of the attendance log and interviews with staff on 8/22/13, it was determined that the center is not maintaining an accurate and up-to-date attendance log in two classrooms. Evidence: There were two staff with 14 children in the Primary classroom. On the attendance log, there were both check marks and "x's" next to the names of the 14 children present. Additionally there were check marks next to eight additional children's names on the same attendance log for 8/22/13. Inquiry revealed that the eight children with check marks only meant that earlier in the day these children were in the classroom but the "x" marks represented the ones who are now in the room. In the infant/toddler classroom there were eight children marked as present, when there were only six children present.

Action to be Taken: Created a new classroom list that LI agreed on. Each list will have the child's name and the child's date of birth. Conducted a meeting on 8/29/13 to talk about how important attendance list is. Unexpected observation will be done for each classroom by the owner. If any staff failed to follow this policy, they will be terminated. Follow up with this policy is done by the owner, principal and one teacher.

Standard #: 22VAC40-185-230-B

Complaint related: Yes

Description: Based on interviews with staff and Administration, it was determined that from June 2013 to the present at least three contract workers took a child into a private area to provided speech or behavioral modification services. The contract workers were not in sight and sound supervision of any staff member at the time these services were provided. Evidence: Contract worker A and B and another unidentified contract worker have been allowed to take child A in a private classroom outside of sight and sound supervision of staff and provide services. There was no file established for these contract workers and no information to show that they meet staff qualifications.

Action to be Taken: Outside services such as speech therapist and others who come from Prince William County Public Schools (Special Ed Program) will not be allowed to continue the services until files are completed if they need to do one on one with a child. Parents were contacted regarding this violation. Speech Therapist, ABA and OTS were notified regarding this violation. I understand that forgetting people's name is a violation. We will have each contractor's information on file (time in/out, child's name, county they are working for and a copy of their driver's license.) Follow up with this policy is done by the owner, principal and one teacher. This violation was corrected on 7/31/13.

Standard #: 22VAC40-185-330-C

Complaint related: No

Description: Based on an inspection of the infant/toddler outside play area, it was determined that the the ground covering was exposed and posed a tripping hazard. Evidence: The infant/toddler playground had exposed ground covering, staff reported that they are now using the playground and the children were last on the playground yesterday.

Action to be Taken: Created new playground for infant/toddler to enjoy. The violation was corrected on 8/22/13. Teachers are aware of playground rules. Each classroom will go outside in different times. Teachers who failed to follow this policy will be terminated.

Standard #: 22VAC40-185-340-A

Complaint related: Yes

Description: Based on observation and interviews with staff and Administration on 8/15/13 and 8/22/13, it was determined that the center has failed to ensure the care, protection, and guidance of two special needs children entrusted to their care. The center failed to ensure that direct care staff were made aware of the children's special needs and failed to adequately train staff to address problematic behaviors. The center and staff were not able to provide the needed care and guidance required to ensure the children's safety. Evidence: 1) Interviews revealed that staff and some in administration did not know what child A's special needs were nor that there was an IEP at the center which identified developmental and behavioral challenges. In reference to child A, staff were told to "just pay close attention." 2) Child A (7 years of age) has been diagnosed with Autism, ADHD, Pica and Enuresis and while at the center has exhibited aggressive behaviors as well as acting very impulsively often with no warning. Staff reported that child A hits, pushes and kicks the other children and runs away from staff. A month ago, child A pushed a staff up against the wall, grabbed the staff's hair and proceeded to pull the staff to the floor by the hair. On another occasion, child A took his nails and ran them down the forearm of a staff causing bleeding and several scratches on the staff's arm. Staff reported that child A will routinely put mulch, pea gravel, clothes, toys and little objects in his mouth. Staff felt like even if they are in ratio, child A requires more attention and redirection than they can provide or know how to address. 3) Interviews revealed that child A, while at the center has impulsively ran off. Person B reported that child A would run out of the classroom and get as far as a step or two into the hallway. Person A reported that child A opened doors a lot and gets out of the classrooms but "he would always return". On 8/15/13, this LI witnessed child A enter the music room with a staff. Child A quickly bolted across the classroom and out the door onto the fenced playground. There were three teachers out on the playground who tried to catch child A and calm him down. 4) During the week of 8/5-8/9th, contract employee A arrived at the center to provide services and was accompanied by an unidentified person. At no time did the center inquire as to who this person was and did not ask for identification. Contract employee A and the unidentified person were allowed to take child A alone to a room to provide services. 5) On 8/22/13, while the LI was present in the classroom, child B ( who is Autistic) saw Person B across the hallway in the adjacent classroom. Child B left his assigned classroom without his teacher's knowledge and joined Person B in the adjacent classroom. 6) On 8/22/13, the LI observed child B repeatedly standing on his head in the blue chair in his classroom. At the time, there were two staff present with 14 children (3 to 7 years of age). Staff intermittently would attempt to persuade the child to stop standing on his head, this met with resistance by the child. At times, the staff would attempt to ignore the behavior in the hopes that it would stop, which it did not. The LI made Person B aware of this behavior and was told that child B in the past would flip upside down and stand on his head in the blue chair, so they decided to remove the chair from the classroom and this behavior stopped. Told Person B that the chair is back in the classroom and child B is back standing on his head and that the staff have not been successful in addressing this behavior.

Action to be Taken: I had a conference with child B's parent on 8/23/13 regarding child B's behavior. Advice parent to contact Professional Education and Respite Services to get the help child B needed. Discussed behavior log with parent. Ongoing offenses will be followed with the following procedure: first offense-Note will be send to parents. Second offense-conference with parent (phone call, email, face to face). Third offense-student will be disenrollment. Staff got training on how to deal with all kinds of children and meet their needs (done on 8/29/13). Any staff that will fail to follow the policy will be terminated. Unexpected observation is done by the owner. Staff will be evaluated on how they manage classrooms. Staff will have a chance to observe other schools. Follow up this policy is done by the owner, principal and one teacher. Child A is on vacation and as soon as the child gets back, the same procedure for child B will apply to child A.

Standard #: 22VAC40-185-350-E-4

Complaint related: Yes

Description: Based on observation in the classroom (at the end of the hallway on the left) on 8/15/13, the LI observed that the classroom was not always maintaining the 1:10 ratio as required. Evidence: On four occasions during a 15 minute period the LI observed the lead teacher sending the assistant out of the classroom to get something from another classroom or the kitchen, this left one staff alone with 11 children. The assistant would be gone up to one minute at a time. The ages of the children present ranged from 3 to 9 years.

Action to be Taken: When unsure of the mixed balance classroom, the center will air on state ratio as policy states. Teachers will be aware of the ratio policy. If teachers failed to follow the ratio policy, teachers will be terminated.

Full reports of each provider are located online and are available for public viewing.

The Virginia Department of Social Services inspects all licensed child welfare agencies at least twice a year, with at least one unannounced inspection each year.

“In order to determine continued compliance with standards during the effective dates of the license, the department’s licensing representative will make announced and unannounced inspections of the facility or agency during the hours of its operation,” the agency states on their website. “The licensee is responsible for correcting any areas of noncompliance found during renewal or monitoring inspections.”

VDSS cautions that a compliance history is in no way a rating for a facility and online compliance reports do not include consideration that some information regarding “adverse actions” may be the subject of pending appeals.

According to the agency, “Through the administration of the licensing program, the Department of Social Services assumes responsibility to ensure that licensed facilities and agencies provide children and adults with at least a minimum level of care in accordance with regulations prescribed by the State Board of Social Services and Child Day-Care Council.”

day-care, education, featured, gainesville, montessori-school-of-gainesville, va