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[quote=Anonymous]Comments:
07/12- Complaint investigation begun today regarding allegations of Licensing staff being denied access to staff records. 7/19/11 - The files originally requested were for a specific period of time (6-12 months previous). The files in question were provided by the center when specifically asked for by name. These files did not meet the originally requested criteria; therefore the complaint is not valid. The violation cited was not part of the original complaint but was found during the course of the investigation. Staff A disclosed information on their Sworn Disclosure Statement (SDS), regarding a conviction of 2nd degree assault in Maryland. The staff person listed the convictions as required by law, but the facility did not perform due diligence to ensure the eligibility of employment. The staff person was employed for 5 months, (Dates of Employment: 11/20/ 2009 - 03/23/2010) and was subsequently terminated for roughly handling a child in care, in addition to other issues.
Violations:
Standard #:	 22VAC15-51-50-AC-2
Complaint related:	 No
Description:	 Staff A was allowed to continue employment with a potential Barrier Crime having been disclosed. Evidence: Staff A's Sworn Disclosure Statement (SDS) revealed a conviction of a second degree Assault charge in Maryland. Assault convictions are reason for denying employment in Virginia. Due to the fact that convictions in other states are not reflected on Virginia background searches, the center failed to perform due diligence in verifying that Staff A was actually eligible for employment. The facility administration had knowledge that the staff member potentially had a Barrier crime, and allowed the employee to continue working.
Action to be Taken:	 Any time something is disclosed on a Sworn Disclosure Statement, the center will contact DSS for further guidance on employment eligibility. Staff persons will not be allowed to work until the issue is resolved.[/quote]

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