DAY CARE INSPECTIONS: Gainesville Rainbow Station Cited for Incidents of Child Mishandling

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The administration of the  Rainbow Station at Haymarket, located at 6800 Piedmont Center Plaza in Gainesville, fired a staff member for incidents of roughly handling children and issuing improper discipline.

Following a complaint-related investigation, which concluded Oct 16., the Virginia Department of Social Services cited the day care facility for two violations.

Virginia Department of Social Services Comments:

A complaint investigation was begun on 8/28/13. Additional interviews were conducted outside of center. Follow-up interviews were conducted with administrative staff on 10/3/13. Complaint involving roughly handling a child and improper discipline is valid. Violation notice was emailed to director and discussed with director on 10/10/13. Corrective action responses are due to the licensing inspector no later than 10/16/13. Corrective action responses received 10/16/13 and entered as written.

Violations

Standard #: 22VAC40-185-400-B

Complaint related: Yes

Description: Based on interviews and a review of documentation, behavioral guidance is not always constructive in nature, age and stage appropriate, or intended to redirect children to appropriate behavior and resolve conflicts. Evidence: In 10/12, after a verbal altercation between two school age children, staff C instructed child A to sit. Instead of sitting, child A "charged" at staff C and staff C took hold of one of the child's arms and then the other. On 7/25/13, in order to prevent child A from punching a child, staff C "secured (child A's) right arm just above the elbow." On 8/23/13, in order to prevent child A from spraying silly string, staff C "moved (child A's) hand down to the right across his own body away from (staff C's ) face by taking a hold of his arm at the wrist." Staff C did not redirect the child to appropriate behavior or use behavior guidance that was constructive in nature or age appropriate.

Action to be Taken: Staff A, B, and C (and the entire Village Staff) received the training ?Working Effectively with Unacceptable Child Behaviors? on Aug. 12, 2013.

Standard #: 22VAC40-185-410-1

Complaint related: Yes

Description: Description: Based on staff interviews and a review of corroborating documentation, staff roughly handled a child when disciplining the child. Evidence: On 8/17/12, child A, an eight year old, refused to come with the class to line up for the bus. The child threatened to hit staff A and was cussing at staff A and B. Child A started to run away, but then laid down, refusing to move. There were 27 other children and three staff. Staff B then lifted child A to his shoulders and carried him to the bus. On 10/20/12, Child A was in a verbal altercation with another student. Staff C intervened by instructing child A to sit down to calm himself. Child A started screaming and after staff C repeated the instructions, child A started to charge at staff C. Staff C took child A by the right arm and turned child A around so the child's back was to staff A's front and the right arm was in a wrap up with the left arm loose. Staff C started to talk to child A again and child A swung at staff C with left arm. Staff C then wrapped up child A's left arm Child A's arms were in position across his body, held in place by staff C. On 7/25/13, child A punched another child in the stomach. In order to prevent this from happening again, staff C "secured (child A's) right arm (which he was using to punch with) just above the elbow with my right hand. (Staff c) moved him (child A) toward the wall by pulling him away from (the other child) then getting between the boys then moving (child A) closer to the wall that was about 3 feet away from where the incident was taking place." On 8/23/13, during the end of the summer sleep over bash, child A, (now nine years old), was holding a can of silly string close to staff C's face. Child A had his finger o the spray cap. Staff C "moved (child a"s) down to the right across his own body away from (staff A's) face by taking a hold of (child A's) arm at the wrist."

Action to be Taken: Staff C has been terminated.

Inspector Sharon Ball stated in her report, "Consultation provided on restraining children and use of word "restrain" in discipline policy. Staff have different interpretations of what it means and what they are permitted to do. Appropriate discipline was discussed. Consultation also provided on documenting behavior problems."

The full report is located here.

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.”

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