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TexasRichmond › Caring Heart Residential Care Services LLC

Caring Heart Residential Care Services LLC

Child care center · 9343 MINERAL ROCK LN, Richmond, TX 77407-2073 · License 1684228

0Compliance score
Poor

Capacity 15. 5-17

Violation history (500)

SeverityDateStandard / narrativeCorrected
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
All residents interviewed stated they have either been hit by the staff or witnessed the staff hit another resident. Also, a staff stated they have heard the same staff yell at children in care and 3 of the 4 children interviewed stated the staff yells at them.
2 748.3701(a) - Recreation responsibility-Must provide daily indoor/outdoor recreational & other activities appropriate to needs, interests, and abilities of children
While conducting interviews, children stated they are allowed to play shooting games. During the walkthrough, a PS4 was observed with video games rated MA and 17. These are not appropriate to the children's needs.
4 748.2151(c)(5) - Medication record - must include date (day/month/year) & time each medication was administered
1 medication record reviewed was missing the time the medication was administered and the staff's initial/signature.
5 748.2605(a)(5) - Personal Restraints Prohibited-Restraints that twist or place the child's limb(s) behind the child's back
3 children described restraints with their hands behind their back and being placed on their stomachs, 2 of the children stated that this is how restraints are done. 1 staff member stated that restraints were done with hands behind their backs. A different staff stated that she placed one of the children?s hands behind their back to retrieve a comb. The child stated that he was on the floor with his hands behind his back.
3 748.3303(a)(2) - Physical Site- Buildings must be clean and in good repair.
There is a hole in a wall in the children's bedroom downstairs. The restroom downstairs has strong urine ordor.
Yes
3 748.3301(a)(2) - Physical Site- Buildings must be clean and in good repair.
During the walkthrough of the home, multiple holes were observed that were covered with paper and had not been fixed. The carpet in the home appeared to be dirty there was a lot of dust collected on the baseboards of the walls.
5 748.2553(2)(B) - EBI Release-Child released from personal restraint within one minute of implementation of a prone or supine hold
One personal restraint documentation reviewed stated a child in care was restrained in the prone position for 5 minutes
5 748.505(b)(2) - Minimum qualifications for employees-Record of a TB screening showing the employee is free of contagious TB as provided in 749.1583
2 of the 3 staff files reviewed did not have a record of a TB screening
5 748.685(a)(5) - Caregiver responsibility - being able to intervene when necessary to ensure child's safety
It was determined that a caregiver did not intervene when there was an altercation between three residents.
4 748.3301(f) - Physical Site-The grounds of the operation must be well maintained and free of hazards
During the walk through at the operation it was observed that the bathrooms upstairs and downstairs had a urine smell. The backyard had a a pile of (10) rocks right outside the door (photos taken). The walls of the operation have writing through out the operation/home. 12/22 was provided due to the walls and writing.
3 748.2151(c)(6) - Medication record - must include name & signature of person who administered each medication
A new staff member is not documenting his name and signature on the medication records.
4 748.2203(c) - Medication Error-Operation must meet documentation requirements within 24 hrs
1 of the 6 children's medication records reviewed contained medication errors and there was no documentation of the errors.
Yes
3 748.3271(5) - First Aid Kits-Each one must be stored in a designated location known to all employees
A first aid was not found during this inspection.
Yes
5 748.2605(b)(1) - Personal Restraints Prohibited-Prone and supine restraints except as a transitional hold that lasts no longer than 1 minute
Personal restraint documentation reviewed states that a prone restraint was performed on a child in care but it does not indicate it was used as a transitional hold.
4 748.3307(b)(3) - Physical Site-Bathrooms must be lighted to avoid accidents
During the walk through it was observed that the 1st floor master bathroom was missing 4 light bulbs over the sink.
1 748.1341(a) - Initial Service Plan-Must give the child's parent(s) at least two weeks advance notice of the meeting
Operation failed to send the required 14-day planning review notice in a timely manner.
3 748.1101(b)(3)(G) - Children's rights-comfortable clothing suitable to age/size/similar to peers in community. Teenagers have reasonable chance to select clothing
It was learned during an interview at the children's school that a child in care arrived to school wearing a female's blouse. All residents at the operation are boys. The school provided the child with a change of clothing.
3 748.303(a)(6)(A) - Serious Incident-Report to Licensing no later than 24 hours after becoming aware that child is indicted, charged, or arrested or when police respond.
During a monitoring inspection there was 1 serious incident report that indicated a child was arrested and taken to juvenile detention. The incident was reported to DFPS worker, but was not reported to licensing.
5 748.2553(2)(B) - EBI Release-Child released from personal restraint within one minute of implementation of a prone or supine hold
One personal restraint documentation reviewed stated a child in care was restrained in the prone position for 5 minutes/Operation need to provide corrective action plan.
5 748.1693(a)(1) - Nutrition-Provide food of adequate variety, quality, and in sufficient quantity to supply the nutrients needed for proper growth and development
During initial walkthrough the refrigerator contained no food of substance, when addressed, staff stated the residents were having left over from the day before, there was no food cooking and only a cake in the refrigerator.
4 748.2003(b)(11) - Administration of prescription medication-only the child for whom the prescription medication was prescribed may use the medication
Medication record documentation states that a child in care was administered 2 separate medications that belonged to another person.
5 745.8641 - Requirements during evaluation or probation
Condition 1: not due Condition 2: not due Condition 3: not due Condition 4: Condition Met Condition 5: not due Condition 6: Deficient/not met Condition 7: Condition Met The operation did not provide all required documentation to meet the condition regarding physical site repairs (Condition 6). The operation has not provided a sufficient plan to meet the requirements of Condition 6, a physical site tracking log, and other documentation.
4 748.535(2)(A) - Child-care administrator responsibilities-Overseeing staffing patterns to ensure supervision and child-care services meet the needs of children
The child-care administrator failed to provide oversight of staffing patterns, which resulted in the systematic failure, which in turn facilitated the physical abuse of a child in care by a caregiver that was previously believed to have physically abused a child in care before.
4 748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
A caregiver displayed a lack of self -control when he punched a hole in a wall.
4 748.2151(d) - Medication Record-must include accurate daily count of each prescribed medication, unless operate on a cottage home model
Several children's medication records reviewed did not have an accurate count.
4 748.303(a)(5)(A) - Serious Incident-Report to Licensing soon as aware of an incident of sexual abuse of a child against another child
The operation failed to report sexual abuse against a child in care by another resident.
4 748.3307(b)(3) - Physical Site-Bathrooms must be lighted to avoid accidents
During the walk through it was observed that the 1st floor master bathroom was missing 4 light bulbs over the sink.
4 748.2307(9) - Other Prohibited Punishments-subjecting a child to abusive or profane language
It was indicated a child was yelled at by a staff in a threatening manner without a reason during a zoom call the child had with bio parent and Case worker.
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
2 caregivers used corporal punishment on children in care when they punched the child/ren.
4 748.303(a)(5)(A) - Serious Incident-Report to Licensing soon as aware of an incident of sexual abuse of a child against another child
The operation failed to report multiple serious incidents to licensing.
2 748.2853(1) - EBI Documentation-Date and time the caregiver offered the post discussion to the child
There was no documentation regarding a post restraint discussion.
4 748.303(a)(9)(A) - Serious Incident-Report to CCL within 2 hours of notifying LE the absence of a child developmentally/chronologically 6 to 12 years old.
An incident report was reported to the hotline 2 days after the incident happened.
3 748.3301(a)(2) - Physical Site- Buildings must be clean and in good repair.
One of the bedrooms smelled of urine.
4 748.1101(b)(4)(A)(vii) - Children's rights- Free from demeaning behavior to embarrass/control/harm/intimidate/isolate the child
Staff recorded an exchange between an adult asking a child what day the incident occurred, the child says that he believes it occurred on a Friday, and is then asked how he was "scratched" and then the adult says that "he scratches himself, then why are you saying they scratched you."
5 748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation
Caregivers failed to adhere to the child's rights to be free of abuse, neglect, and exploitation as defined in Texas Family Code 261.401 when 2 caregivers caused physical harm and injury to children in care.
5 748.2307(6) - Other Prohibited Punishments-pinching, pulling hair, biting, or shaking a child
3 of the 3 children interviewed stated that a staff member pinches and pulls on the residents.
4 748.2003(b)(3) - AP Administration of prescription medication-Administer medications according to instructions or a prescribing health-care professional's orders
Several children's medication records reviewed shows that a children missed at least 1 dosage of medication. Also, a child's record reviewed shows that a child in care was not receiving the correct medication dosage.
3 748.1583(a) - TB exam-Persons over 1 yr old who live, work, volunteer at facility have exam w/in 30 days, unless person had previous exam that meets requirements
One child record reviewed did not have a documented TB test.
3 748.935(a)(2) - Annual Training Timeline-Each person must complete the required annual training during each subsequent 12-month period
Records reviewed show staff did not renew annual trainings timely.
3 748.2151(c)(3) - Medication record - must include reason medication was prescribed, for prescription medication
During review of medication records -A.H. On 1/11/22 and 1/26/2022 Dr. Thompson did a medication review for the child and he was prescribed Trazodone 100 mg 1 tab @ PM (PRN). Medication log reviewed for January shows the staff incorrectly wrote the wrong strength. On 2/8/2022 Dr. Thompson did a medication review for the child and changed the Trazodone 100mg to 50mg 1 tab @ PM (PRN). February and March Medication log shows the staff gave the correct dosage and strength for the child.
5 748.2301(b)(2) - Disciplinary Measures-must not be physically or emotionally damaging to the child
A caregiver slammed a child in care to the ground as a form of discipline which caused the child physical pain.
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
All residents interviewed stated they have either been hit by the staff or witnessed the staff hit another resident. Also, a staff stated they have heard the same staff yell at children in care and 3 of the 4 children interviewed stated the staff yells at them./Operation need to provide corrective action plan
3 748.3301(a)(2) - Physical Site- Buildings must be clean and in good repair.
During the walkthrough of the home, multiple holes were observed that were covered with paper and had not been fixed. The carpet in the home appeared to be dirty there was a lot of dust collected on the baseboards of the walls.
5 748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation
A caregiver failed to adhere to the child's rights to be free of abuse, neglect, and exploitation as defined in Texas Family Code 261.401 when the caregiver put a child in care at risk of physical harm when he slammed the child to the ground.
3 748.3117(a) - Fire Extinguisher-Company licensed by State Fire Marshal must inspect each fire extinguisher at least annually & conduct any service or testing
The purpose of this rule is to prevent harm to children from risks associated with fire in the facility.
3 748.2855(a)(4) - EBI Documentation-Must include the specific emergency behavior intervention administered
One restraint report reviewed did not include the type of restraint that was used.
3 748.3443(b)(1) - Food Preparation-Must have a thermometer in refrigerators & store refrigerated food at 40 degrees Fahrenheit or below
The thermometer in the refrigerator was above 40 degrees (photo taken). Additionally, during the walk through the deep freezer stored in the garage did not have a thermometer. The Freezer attached to the refrigerator did not have a thermometer (photo taken).
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
Multiple children advised of being hit by staff.
5 748.2605(b)(1) - Personal Restraints Prohibited-Prone and supine restraints except as a transitional hold that lasts no longer than 1 minute
Personal restraint documentation reviewed states that a prone restraint was performed on a child in care but it does not indicate it was used as a transitional hold./Operation need to provide corrective action plan
5 745.641 - AP Background check results - Must receive notification prior to allowing subject to be present at your operation
Caregiver with a pending background check was present at the operation, supervising children and administering medication.
5 745.8641 - Requirements during evaluation or probation
Condition 1: not due Condition 2: not due Condition 3: not due Condition 4: Condition Met Condition 5: not due Condition 6: Deficient/not met Condition 7: Deficient/not met The operation did not have the probation notice posted near the entrance or anywhere in the operation. This was corrected once it was brought to the Director and Administrator's attention. Condition 7 states that the Administrator must submit to RCCR by 5:00 p.m. each Friday his/her schedule for the following week. The operation has not been providing their schedule by 5:00pm each Friday. Instead, it has been provided after the deadline at various times. The operation did not provide all required documentation to meet the condition regarding physical site repairs (Condition 6). The operation also did not provide it once it was developed.
3 748.363(4) - Personnel records-Include evidence of valid professional licensures, certifications, or registrations required for the position
3 out of 3 staff files reviewed did contain proof of education.
4 748.2203(c) - Medication Error-Operation must meet documentation requirements within 24 hrs
Several child records shows that children missed at least 1 dosage and there is no documentation as to why.
5 745.8641 - Requirements during evaluation or probation
Condition 1: Condition Met/Partially Due Condition 2: Condition Met Condition 3: not due Condition 4: Condition Met Condition 5: Condition Met/Partially due Condition 6: Condition Met Condition 7: Condition Met Per condition 1 and condition 5, the operation was supposed to provide documentation to Licensing by 9/1/2022. This documentation was received late on 9/8/2022 and 9/13/2022.
Yes
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
A caregiver used hitting as a method of discipline.
3 748.2951(d) - Evaluation-Results of each overall annual evaluation made available to Licensing for review.
The operation does not have an overall operation evaluation for emergency behavior interventions.
4 748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
Staff did not demonstrate prudent judgment when 2 residents were administered medications after the medications had been discontinued by the provider.
5 748.1101(b)(4)(A)(ii) - Children's rights-The right to be free from being subjected to or threatened with corporal punishment, including spanking or hitting
Children reported that one direct staff yelled at the residence, and threatened to hit the residence.
3 748.3303(a)(2) - Physical Site- Buildings must be clean and in good repair.
Damaged doors & window blinds, broken furniture, and wall stains were observed.
4 748.2003(b)(3) - AP Administration of prescription medication-Administer medications according to instructions or a prescribing health-care professional's orders
Several children's medication record reviewed showed that children either missed doses of their medication or were not given at the correct time.
3 748.2151(c)(3) - Medication record - must include reason medication was prescribed, for prescription medication
Several medication records reviewed were missing the reason the medication was prescribed.
4 748.2101(6) - Medication storage & destruction-remove discontinued medication immediately & destroy it in a way that ensures children do not have access to it
2 medication records reviewed shows that medication was not disposed of after being discontinued.
3 748.151(3) - Operational responsibilities - Maintain current, true, accurate, and complete records
Records reviewed showed clerical errors.
5 748.2307(10) - Other Prohibited Punishments-placing a child in a dark room, bathroom, or closet
A caregiver placed a child in a closet as a method of discipline.
3 748.3303(a)(2) - Physical Site- Buildings must be clean and in good repair.
There is a hole in a wall in the children's bedroom downstairs. The restroom downstairs has strong urine ordor.
Yes
5 745.8641 - Requirements during evaluation or probation
Condition 1: not due Condition 2: not due Condition 3: not due Condition 4: Condition Met Condition 5: not due Condition 6: Deficient/not met Condition 7: Deficient/not met The operation did not have the probation notice posted near the entrance or anywhere in the operation. This was corrected once it was brought to the Director and Administrator's attention. Condition 7 states that the Administrator must submit to RCCR by 5:00 p.m. each Friday his/her schedule for the following week. The operation has not been providing their schedule by 5:00pm each Friday. Instead, it has been provided after the deadline at various times. The operation did not provide all required documentation to meet the condition regarding physical site repairs (Condition 6). The operation also did not provide it once it was developed.
3 748.1583(a) - TB exam-Persons over 1 yr old who live, work, volunteer at facility have exam w/in 30 days, unless person had previous exam that meets requirements
One child record reviewed did not have a documented TB test.
5 745.8641 - Requirements during evaluation or probation
Condition 1: Condition Met/Partially Due Condition 2: Condition Met Condition 3: not due Condition 4: Condition Met Condition 5: Condition Met/Partially due Condition 6: Condition Met Condition 7: Condition Met Per condition 1 and condition 5, the operation was supposed to provide documentation to Licensing by 9/1/2022. This documentation was received late on 9/8/2022 and 9/13/2022.
Yes
4 748.535(2)(A) - Child-care administrator responsibilities-Overseeing staffing patterns to ensure supervision and child-care services meet the needs of children
The child-care administrator failed to provide oversight of staffing patterns, which resulted in the systematic failure, which in turn facilitated the physical abuse of a child in care by a caregiver that was previously believed to have physically abused a child in care before.
4 748.2151(c)(5) - Medication record - must include date (day/month/year) & time each medication was administered
1 medication record reviewed was missing the time the medication was administered and the staff's initial/signature.
5 745.8641 - Requirements during evaluation or probation
Condition 1: not due Condition 2: not due Condition 3: not due Condition 4: Condition Met Condition 5: not due Condition 6: Deficient/not met Condition 7: Condition Met The operation did not provide all required documentation to meet the condition regarding physical site repairs (Condition 6). The operation has not provided a sufficient plan to meet the requirements of Condition 6, a physical site tracking log, and other documentation.
5 748.505(b)(2) - Minimum qualifications for employees-Record of a TB screening showing the employee is free of contagious TB as provided in 749.1583
2 of the 3 staff files reviewed did not have a record of a TB screening
5 748.1101(b)(4)(A)(ii) - Children's rights-The right to be free from being subjected to or threatened with corporal punishment, including spanking or hitting
Children reported that one direct staff yelled at the residence, and threatened to hit the residence.
5 748.2605(a)(5) - Personal Restraints Prohibited-Restraints that twist or place the child's limb(s) behind the child's back
3 children described restraints with their hands behind their back and being placed on their stomachs, 2 of the children stated that this is how restraints are done. 1 staff member stated that restraints were done with hands behind their backs. A different staff stated that she placed one of the children?s hands behind their back to retrieve a comb. The child stated that he was on the floor with his hands behind his back.
3 748.303(a)(6)(A) - Serious Incident-Report to Licensing no later than 24 hours after becoming aware that child is indicted, charged, or arrested or when police respond.
During a monitoring inspection there was 1 serious incident report that indicated a child was arrested and taken to juvenile detention. The incident was reported to DFPS worker, but was not reported to licensing.
4 748.2101(6) - Medication storage & destruction-remove discontinued medication immediately & destroy it in a way that ensures children do not have access to it
2 medication records reviewed shows that medication was not disposed of after being discontinued.
4 748.2203(c) - Medication Error-Operation must meet documentation requirements within 24 hrs
1 of the 6 children's medication records reviewed contained medication errors and there was no documentation of the errors.
Yes
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
A caregiver used hitting as a method of discipline.
4 748.2151(d) - Medication Record-must include accurate daily count of each prescribed medication, unless operate on a cottage home model
Several children's medication records reviewed did not have an accurate count.
5 748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation
Caregivers failed to adhere to the child's rights to be free of abuse, neglect, and exploitation as defined in Texas Family Code 261.401 when 2 caregivers caused physical harm and injury to children in care.
4 748.3307(b)(3) - Physical Site-Bathrooms must be lighted to avoid accidents
During the walk through it was observed that the 1st floor master bathroom was missing 4 light bulbs over the sink.
4 748.3301(f) - Physical Site-The grounds of the operation must be well maintained and free of hazards
During the walk through at the operation it was observed that the bathrooms upstairs and downstairs had a urine smell. The backyard had a a pile of (10) rocks right outside the door (photos taken). The walls of the operation have writing through out the operation/home. 12/22 was provided due to the walls and writing.
4 748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks
A caregiver displayed a lack of self -control when he punched a hole in a wall.
4 748.2003(b)(3) - AP Administration of prescription medication-Administer medications according to instructions or a prescribing health-care professional's orders
Several children's medication record reviewed showed that children either missed doses of their medication or were not given at the correct time.
3 748.3301(a)(2) - Physical Site- Buildings must be clean and in good repair.
One of the bedrooms smelled of urine.
4 748.2003(b)(3) - AP Administration of prescription medication-Administer medications according to instructions or a prescribing health-care professional's orders
Several children's medication records reviewed shows that a children missed at least 1 dosage of medication. Also, a child's record reviewed shows that a child in care was not receiving the correct medication dosage.
5 745.641 - AP Background check results - Must receive notification prior to allowing subject to be present at your operation
Caregiver with a pending background check was present at the operation, supervising children and administering medication.
5 748.2553(2)(B) - EBI Release-Child released from personal restraint within one minute of implementation of a prone or supine hold
One personal restraint documentation reviewed stated a child in care was restrained in the prone position for 5 minutes/Operation need to provide corrective action plan.
3 748.151(3) - Operational responsibilities - Maintain current, true, accurate, and complete records
Records reviewed showed clerical errors.
4 748.2307(9) - Other Prohibited Punishments-subjecting a child to abusive or profane language
It was indicated a child was yelled at by a staff in a threatening manner without a reason during a zoom call the child had with bio parent and Case worker.
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
Multiple children advised of being hit by staff.
5 748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work.
2 caregivers used corporal punishment on children in care when they punched the child/ren.
3 748.3301(a)(2) - Physical Site- Buildings must be clean and in good repair.
During the walkthrough of the home, multiple holes were observed that were covered with paper and had not been fixed. The carpet in the home appeared to be dirty there was a lot of dust collected on the baseboards of the walls.
4 748.2203(c) - Medication Error-Operation must meet documentation requirements within 24 hrs
Several child records shows that children missed at least 1 dosage and there is no documentation as to why.
2 748.2853(1) - EBI Documentation-Date and time the caregiver offered the post discussion to the child
There was no documentation regarding a post restraint discussion.
1 748.1341(a) - Initial Service Plan-Must give the child's parent(s) at least two weeks advance notice of the meeting
Operation failed to send the required 14-day planning review notice in a timely manner.
5 748.2605(b)(1) - Personal Restraints Prohibited-Prone and supine restraints except as a transitional hold that lasts no longer than 1 minute
Personal restraint documentation reviewed states that a prone restraint was performed on a child in care but it does not indicate it was used as a transitional hold./Operation need to provide corrective action plan
4 748.303(a)(5)(A) - Serious Incident-Report to Licensing soon as aware of an incident of sexual abuse of a child against another child
The operation failed to report sexual abuse against a child in care by another resident.
5 748.2301(b)(2) - Disciplinary Measures-must not be physically or emotionally damaging to the child
A caregiver slammed a child in care to the ground as a form of discipline which caused the child physical pain.
5 748.2553(2)(B) - EBI Release-Child released from personal restraint within one minute of implementation of a prone or supine hold
One personal restraint documentation reviewed stated a child in care was restrained in the prone position for 5 minutes

Severity 5 = most serious. Source: official state record.

Inspections (280)

280 inspection record(s) on file from TX-HHSC.

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