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An Equal Opportunity Employer M/F/D

Cabinet For Health and Family Services
Web site: http://chfs.ky.gov/
Pr ovi der Name:
Pr ovi der I nf or mat i on
Heavenly Angels Childcare Center IV Pr ovi der Type: L359247 Li c ense No: LICENSED TYPE I
Pr ovi der Addr ess: 2021 Dixie Highway, Louisville, KY, 40210 99 Capac i t y:
Lewars, Gregory Di r ec t or (s): Ow ner (s): Heavenly Angels, LLC
I nspec t i on Type:
I nspec t i on I nf or mat i on
Investigation
Vi si t End Dat e: 06/14/2012 11:15 AM Vi si t St ar t Dat e: 06/13/2012 11:20 AM
No. of Chi l dr en Pr esent :
1) Adequat el y super vi sed at al l t i mes Not I n Compl i anc e
Fi ndi ngs:
Based on interview, staff failed to provide adequate supervision for the children transported on the van on 6/12/12. Specifically, fourteen (14) children, including seven (7) from the
Dixie Highway location (L359247), and two (2) staff were riding in a van suitable for a maximum of fifteen (15) occupants when the van travelling eastbound on Algonquin Parkway
crashed into a tree on the westbound side of the road sending all fourteen (14) children and the van driver to the hospital. One (1) staff, the van monitor, was deceased at the scene
of the accident. t was impossible for staff (a van driver and a van monitor) to adequately supervise the fourteen (14) children, ages eight (8) months to eight (8) years. who were not
properly restrained in carseats and booster seats while the van was in operation.
This child care center closed prior to issuance of the regulatory violation.
167 - Chi l dr en super vi sed/Pr ot ec t ed
922 KAR 2:120 - 8ection 2 {3}
{a} Each center shall maintain a child care program that assures each child will be:
1. Provided adequate supervision at all times; and
2. Protected from abuse or neglect.
Super vi si on
I nspec t i on Repor t
Inspection Report
Mary Reinle Begley
Inspector General
Audrey Tayse Haynes
Secretary
Steven L. Beshear
Governor
Louisville, KY 40203
908 W. Broadway, 10-W
Phone: (502) 595-5781
http://chfs.ky.gov/os/oig/drcc
Fax: (502) 595-5773
OFFICE OF INSPECTOR GENERAL
CABINET FOR HEALTH AND FAMILY SERVICES
Northern Enforcement Branch
Division of Regulated Child Care
Printed Date: 08/07/2012 KID013 v1.0
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An Equal Opportunity Employer M/F/D
Cabinet For Health and Family Services
Web site: http://chfs.ky.gov/
2) 922 KAR 2:110 Not I n Compl i anc e
1) 922 KAR 2:090 Not Appl i c abl e
110 - Regul at or y Compl i anc e
922 KAR 2:110 - 8ection 4
{d} Ensure compliance with 922 KAR 2:090, 922 KAR 2:120, and this administrative regulation;
Di r ec t or Requi r ement s
2) Ac c i dent /I nj ur y; I n Compl i anc e
140 - Repor t s t o Cabi net
922 KAR 2:110 - 8ection 6 Reports.
{1} The following shall be reported to the cabinet or designee and other agencies specified in this section within twenty-four {24} hours from the
time of discovery:
{a} Communicable disease, which shall also be reported to the local health department pursuant to KR8 214.010;
{b} An accident or in]ury to a child that requires medical care;
{c} An incident that results in legal action by or against the child-care center that affects a child or staff person; or
{d} An incident involving fire or other emergency.
Fi ndi ngs:
Based on interview, the licensee failed to be responsible for the operation of the child-care center on 6/12/12 when the facility van was involved in an accident that resulted in all
fourteen (14) children hospitalized (two (2) of the children were ejected from the vehicle when it impacted the tree) and one (1) adult staff hospitalized. One (1) adult staff was
deceased at the scene of the accident. The licensee failed to provide for the health, safety and comfort of the children in care, failed to notify parents immediately of the accident.
This child care center closed prior to issuance of the regulatory violation.
2) 922 KAR 2:110 Not I n Compl i anc e
Fi ndi ngs:
Based on interview, the licensee failed to be responsible for the operation of the child-care center; i.e., failed to maintain regulatory compliance in regard to transportation of children.
At the time of the accident the van was over capacity, the staff to child ratios and maximum group sizes were not adequate, staff (a van driver and a monitor) were unable to
adequately supervise the children who were not all seated in appropriate child restraints, there was no identifying written paperwork of any kind available to emergency personnel at
the scene of the accident.
This child care center closed prior to issuance of the regulatory violation.
3) 922 KAR 2:120 Not I n Compl i anc e
89 - Li c ensee r esponsi bi l i t y
922 KAR 2:110 - Sec t i on 2 Gener al . (1) A l i c ensee shal l be r esponsi bl e f or t he oper at i on of t he c hi l d-c ar e c ent er pur suant t o t hi s admi ni st r at i ve
r egul at i on, 922 KAR 2:090, and 922 KAR 2:120.
Gener al Admi ni st r at i on
Fi ndi ngs:
Based on interview and review of documentation from Kosair Children's Hospital, the staff to child ratio and maximum group size for infants and toddlers were exceeded on 6/12/12;
i.e., fourteen (14) children, ages eight (8) months to eight (8) years of age were transported by two (2) staff on the van. This included seven (7) children who were enrolled at the
Dixie Highway location (L359247). Review of the Transportation Manifest provided by Louisville Metro Police Department revealed one (1) eight-year-old, one (1) seven-year-old, two
(2) four-year-olds, three (3) three-year-olds, four (4) toddlers and three (3) infants were transported to Kosair Children's Hospital following an accident that occured while the children
were being transported on the facility van. A review of regulatory compliance for the facility (NEB #2942) revealed on several dates in December 2010 and January 2011, as many
as sixteen (16) children were transported at once on the facilitiy van. Review of the Plan of Correction relevant to NEB #2942 conducted on January 18, 2011 revealed the owner
failed to implement her own Plan of Correction which stated, "From that date after survey (January 18, 2011) now make sure that the maximum allowed (13) is transported on van.
will monitor on a daily basis."
This child care center closed prior to issuance of the regulatory violation.
162 - Rat i os and Gr oup Si ze Not I n Compl i anc e
922 KAR 2:120 - 8ection 2
{2} Minimum staff-to-child ratios and group size for an operating child-care center shall be maintained as follows:
Age of Children Ratio Maximum
Group
8ize*
nfant 1 staff for 5 children 10
Toddler 1 staff for 6 children 12
2 to 3 years 1 staff for 10 children 20
3 to 4 years 1 staff for 12 children 24
4 to 5 years 1 staff for 14 children 28
5 to 7 years 1 staff for 15 children 30
7 and older 1 staff for 25 children
{for before and after school} 30
1 staff for 20 children
{full day of care} 30
*Maximum Group 8ize shall be applicable only to Type centers.
St af f i ng Requi r ement s
I nspec t i on Repor t
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An Equal Opportunity Employer M/F/D
Cabinet For Health and Family Services
Web site: http://chfs.ky.gov/
Fi ndi ngs:
Based on interviews conducted 6/13/12, the Louisville Metro Police Department Traffic Officer who was in charge at the scene of the accident reported seeing three (3) or four (4)
young children in the back seat of the van sharing one (1) lap belt. An interview with a witness who was at the scene of the accident described assisting one (1) child, approximately
three (3) years of age. The witness stated the child was hanging from the seat into the aisle of the van, supported only by a lap belt which was stretched across the child's neck. A
phone interview on 6/15/12 with the Emergency Medical Services First Responder revealed there were only four (4) car seats in use by children, ages eight (8) months to eight (8)
years on the van when it crashed into a tree ejecting two (2) children from the vehicle on impact. The Emergency Medical Services First Responder stated further thorough
examination of the car seats revealed the following: one (1) infant from the Dixie Highway location (L359247) was seated securely in a car seat at the time of the accident. There
was no definitive information in regard to restraints or car seats available in regard to the other six (6) children from this location.
This child care center closed prior to issuance of the regulatory violation.
306 - Car Seat s Not I n Compl i anc e
922 KAR 2:120 - 8ection 12
{7} The appropriate car safety seat meeting federal motor vehicle safety standards in 49 C.F.R. 571.213 shall be used for each child.
2) Wr i t t en pl an and sc hedul es Not I n Compl i anc e
Fi ndi ngs:
Based on interview, the Louisville Metro Police Traffic Officer in charge of the accident scene reported that no written documentation including a transportation schedule or
tranportation route was located at the accident scene on 6/12/12; i.e., something in writing that would indicate where the van route originated or a possible destination to assist the
first responders at the scene of the accident. The Officer re-iterated there was no written documentation of any kind making it impossible to identify the facility, the staff, or the
children involved in the accident.
This child care center closed prior to issuance of the regulatory violation.
301 - Requi r ement s f or Tr anspor t at i on Ser vi c es
922 KAR 2:120 - 8ection 12
{2} A center providing or arranging transportation service shall:
{a} Be licensed and approved by the cabinet or its designee prior to transporting a child;
{b} Have a written plan that details the type of transportation, staff schedule, transportation schedule, and transportation route; and
{c} Have written policies and procedures, including emergency procedures practiced monthly by staff that transport children.
Tr anspor t at i on
Fi ndi ngs:
Based on interview and record review, on 6/12/12 fourteen (14) children, including seven (7) from the Dixie Highway location (L359247), and two (2) staff were on a van from
Heavenly Angels Childcare Centers travelling eastbound on Algonquin Parkway when the van crashed into a tree. nterview with the Louisville Metro Police Department Traffic
Officer in charge of the accident scene confirmed (14) children were transported by ambulance and admitted to Kosair Children's Hospital. One (1) staff (the van driver) was
transported and admitted to University Hospital. One (1) staff (the van monitor) was deceased at the scene of the accident. nformation gathered from interviews with the admitting
nurse from Kosair Children's Hospital and the First Responder from Emergency Medical Services, confirmed the van was over capacity, staff to child ratios and group size were
exceeded and the children and adults were not restrained in appropriate car seats which resulted in two (2) children being ejected from the vehicle upon impact and one (1) staff
deceased at the scene. Review of the Plan of Correction relevant to NEB #2942 conducted on January 18, 2011 revealed the owner failed to implement her own Plan of Correction
which stated, "From that date after survey (January 18, 2011) now make sure that the maximum allowed (13) is transported on van. will monitor on a daily basis."
This child care center closed prior to issuance of the regulatory violation.
118 - Heal t h, Saf et y, Comf or t Not I n Compl i anc e
922 KAR 2:110 - 8ection 4
{l} Provide for the health, safety, and comfort of each child;
2) I mpl ement at i on of Pr oc edur e Not I n Compl i anc e
Fi ndi ngs:
Based on review of documentation (Transportation Manifest provided by Louisville Metro Police Department), the director failed to supervise the staff ensuring the implementation of
policies and procedures regarding the transportation of children; specifically, exceeding the legal capacity for occupants on the fifteen (15) passenger van. Review of the Plan of
Correction relevant to NEB #2942 conducted on January 18, 2011 revealed the owner failed to implement her own Plan of Correction which stated, "From that date after survey
(January 18, 2011) now make sure that the maximum allowed (13) is transported on van. will monitor on a daily basis."
This child care center closed prior to issuance of the regulatory violation.
113 - St af f Super vi si on
922 KAR 2:110 - 8ection 4
{g} 8upervise staff conduct to ensure implementation of program policies and procedures;
Fi ndi ngs:
Based on interview, the director failed to be responsible for the operation of the child-care center on 6/12/12 when the facility van was involved in an accident that resulted in all
fourteen (14) children hospitalized (two (2) of the children were ejected from the vehicle when it impacted the tree) and one (1) adult staff hospitalized. One (1) adult staff was
deceased at the scene of the accident. The director failed to provide for the health, safety and comfort of the children in care and failed to notify parents immediately of the accident.
This child care center closed prior to issuance of the regulatory violation.
3) 922 KAR 2:120 Not I n Compl i anc e
Fi ndi ngs:
Based on interview, the director failed to be responsible for the operation of the child-care center; i.e., failed to maintain regulatory compliance in regard to transportation of children.
At the time of the accident the van was over capacity, the staff to child ratios and maximum group sizes were not adequate, staff (a van driver and a monitor) were unable to
adequately supervise the children who were not all seated in appropriate child restraints, there was no identifying written paperwork of any kind available to emergency personnel at
the scene of the accident.
This child care center closed prior to issuance of the regulatory violation.
I nspec t i on Repor t
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An Equal Opportunity Employer M/F/D
Cabinet For Health and Family Services
Web site: http://chfs.ky.gov/
2) Fi r st and l ast name of c hi l dr en Not I n Compl i anc e
1) Rec or ded i n w r i t i ng Not I n Compl i anc e
Fi ndi ngs:
Based on interview, the Louisville Metro Police Traffic Officer in charge at the scene of the accident stated there was no written documentation of any kind located on the facility van
at the time of the accident.
This child care center closed prior to issuance of the regulatory violation.
922 KAR 2:120 - 8ection 12
{17} Transportation services provided shall:
{a} Be recorded in writing and include:
1. The first and last name of the child transported; and
2. The time each child gets on and the time each child gets off;
{b} Be completed by a staff member other than the driver; and
{c} Be kept for five {5} years.
316 - Chi l dr en' s t r anspor t at i on r ec or ds
Fi ndi ngs:
Based on interview, there was no written documentation that included a plan for drop off for any of the fourteen (14) children, including seven (7) from this facility) transported at the
time of the accident on 6/12/12. The Louisville Metro Police Department Traffic Officer in charge of the accident scene re-iterated there was no written documentation of any kind
making it impossible to identify the facility, the staff or the children involved in the accident.
This child care center closed prior to issuance of the regulatory violation.
311 - Pr e-ar r anged pl an Not I n Compl i anc e
922 KAR 2:120 - 8ection 12
{12} f the parent or designee is unavailable, a prearranged written plan shall be completed to designate where the child can be picked up.
Fi ndi ngs:
Based on interview, a Louisville Metro Police Traffic Officer reported sixteen people (16) including fourteen (14) children and two (2) staff were riding on the fifteen (15) passenger
facility van on 6/12/12 when the van travelling eastbound on Algonquin Parkway crashed into a tree on the westbound side of the highway. The officer stated further that it was
impossible to determine who was seated in each row of the van; however, he was sure that children were doubled up in seats as assisted in unloading the van and observed three (3)
or four (4) children seated in the back seat of the van were sharing one (1) lap belt.
This child care center closed prior to issuance of the regulatory violation.
1) Eac h c hi l d has a seat Not I n Compl i anc e
Fi ndi ngs:
Based on interview, a LMPD Officer reported sixteen people (16) including fourteen (14) children and two (2) staff were riding on the fifteen (15) passenger facility van at the time of
the accident on 6/12/12. The officer stated further that it was impossible to determine who was seated in each row of the van; however, he assisted in unloading the van and
observed three (3) or four (4) young children seated in the back seat of the van were sharing one (1) lap belt. A phone interview on 6/14/12 with the admitting staff at Kosair
Children's Hospital confirmed that seven (7) children from the Dixie Highway location (L#359247) were on board when the van crashed. Further interview revealed only one (1) of the
children, an eight-month-old, was seated securely in a proper carseat restraint at the time of impact.
This child care center closed prior to issuance of the regulatory violation.
2) Bel t ed Not I n Compl i anc e
309 - Seat i ng
922 KAR 2:120 - 8ection 12
{10} Each child shall:
{a} Have a seat;
{b} Be individually belted or harnessed in the seat; and
{c} Remain seated while the vehicle is in motion.
1) Rat i os Not I n Compl i anc e
Fi ndi ngs:
Based on interview and review of documentation, the staff to child ratio was exceeded on 6/12/12; i.e., fourteen (14) children, ages eight (8) months to eight (8) years of age, were
transported by two (2) staff on the van. Review of the Transportation Manifest provided by Louisville Metro Police Department revealed seven (7) of the fourteen (14) children
involved in this accident were from the Dixie Highway location (359247)and were transported to Kosair Children's Hospital following an accident that occured while the children were
being transported on the facility van.
This child care center closed prior to issuance of the regulatory violation.
308 - Rat i os
922 KAR 2:120 - 8ection 12 {9}
{a} The staff-to-child ratios set forth in 8ection 2{2} of this administrative regulation shall apply to vehicle transport, if not inconsistent with
special requirements or exceptions in this section.
{b} An individual who is driving with a child in the vehicle shall supervise no more than four {4} children under the age of five {5}.
I nspec t i on Repor t
Signature of
Provider/Representative
Title Date
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An Equal Opportunity Employer M/F/D
Cabinet For Health and Family Services
Web site: http://chfs.ky.gov/
Fi ndi ngs:
Based on interview, the LMPD Officer in charge at the scene of the accident reported that there was no identifying information for any of the fourteen (14) children, including the
seven (7)children from the Dixie Highway location (L359247), who were being transported by the facility van at the time of the accident on 6/12/12. The LMPD Officer stated that two
(2) staff from the Dixie Highway location arrived at the scene shortly after the accident;however, neither staff was able to identify all of the fourteen (14) children who were injured in
the accident. n addition, the LMPD Officer stated that a second officer was sent with a Heavenly Angels staff member to the the center (L#359247) located on Dixie Highway to
obtain identifying information that would be included on the enrollment forms for the children; however, the officer returned to the accident scene and reported that "it was a mess and
nothing could be found."
This child care center closed prior to issuance of the regulatory violation.
1) I dent i f i c at i on I nf or mat i on Not I n Compl i anc e
Fi ndi ngs:
Based on interview, the Louisville Metro Police Officer in charge at the scene of the accident reported that there was no written information or contact information that would enable
emergency personnel to contact the parents of any the fourteen (14) children, including seven (7) children from the Dixie Highway location (L359247), who were being transported by
the facility van at the time of the accident on 6/12/12. n addition, the Louisville Metro Police Department Officer stated that a second officer was sent with a Heavenly Angels staff
member to the facility (L359247) located on Dixie Highway to obtain emergency information for the children; however, the officer returned to the accident scene and reported that "it
was a mess and nothing could be found."
This child care center closed prior to issuance of the regulatory violation.
2) Par ent Cont ac t I nf or mat i on Not I n Compl i anc e
96 - Enr ol l ment I nf or mat i on
922 KAR 2:110 - 8ection 3
The following records shall be maintained at the child-care center for 5 years:
{1} 8ufficient records to:
{a} dentify each child enrolled in the child-care center; and
{b} Enable the person in charge to contact each child's:
1. Parent at:
a. Home; or
b. Place of employment; and
2. Family physician; and
{c} dentify the name of each person designated in writing by the parent to pick up the child;
Chi l dr en' s Rec or ds
3) Ti me on Not I n Compl i anc e
Fi ndi ngs:
Based on observation, the Louisville Metro Police Traffic Officer in charge of the accident site stated there was no written documentation that included identifying information,
including first and last names, for any of the fourteen (14) children transported at the time of the accident on 6/12/12, including two (2) children enrolled at this location. The Officer
stated further that an additional officer accompanied a staff member to Heavenly Angels on Dixie Highway (L359247),to gather information but was unable to locate any identifying
information, including the first and last names, of any of the children. The Officer re-iterated there was no written documentation of any kind making it impossible to identify the
facility, the staff, or the children involved in the accident.
This child care center closed prior to issuance of the regulatory violation.
Fi ndi ngs:
Based on interview, the Louisville Metro Police Traffic Officer in charge of the accident scene stated there was no sign on log or attendance record found at the scene of the accident.
This child care center closed prior to issuance of the regulatory violation.
Fi ndi ngs:
Based on interview, the Louisville Metro Police Traffic Officer stated that there was no written record identifying the children by name, no record of what time children boarded the van
or signature of a person verifying the accuracy of the information available for review at the accident scene.
This child care center closed prior to issuance of the regulatory violation.
5) Doc ument ed by ot her st af f Not I n Compl i anc e
I nspec t i on Repor t