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Blue Skies

Name: Blue Skies
Address: TX, US

Child care center · , TX · License 1773996

0Compliance score
Poor

Capacity 26. 6-17

Violation history (360)

Severity	Date	Standard / narrative	Corrected
4	—	748.2463(3) - Emergency Behavior Intervention-Never used as a means to get a child to comply A staff member engaged in a power struggle with a child and pushed the child to the ground.	—
4	—	748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks Video reviewed and staff interviews confirm that staff engaged in a physical altercation with a child in care.	—
2	—	748.2307(3) - Other Prohibited Punishments-threatening with the loss of placement as discipline or punishment A staff member was observed on video telling a child that "we need to get you out of here."	—
5	—	748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work. A staff member hit a child in the face as a means to get the child to comply.	—
4	—	748.2455(a)(2) - Emergency Behavior Intervention-Basis for EBI is an emergency situation or to administer medication A restraint was implemented after the child was walking away from the situation. The child was not a danger to themselves or others at the time.	—
5	—	748.2605(a)(5) - Personal Restraints Prohibited-Restraints that twist or place the child's limb(s) behind the child's back A staff member placed a child in care's arm behind their back during a restraint.	—
5	—	HRC42.046(1) - Public Notice and Hearing Requirements The notice must be published at least 10 days before the date of the public hearing. The notice was not published until 7/30/23 for hearing to be held on 8/2/23.	—
5	—	748.2151(f) - Medication record-must include identification or prohibited prescription medication, non-prescription medication, or supplements for the child Two child medication records had a space for prohibited prescription or allergies to medication however this was left blank.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation.	—
5	—	748.2307(15) - Other Prohibited Punishments-using or threatening to use emergency behavior intervention as discipline or punishment A staff member was observed on video saying they will restrain a child and make them feel the ground.	—
4	—	748.191(3) - Required Postings-Post emergency and evacuation relocation plans in each building and living quarters used by children where all may view them During the first application walk through there was no emergency evacuation plan posted in the building.	—
4	—	748.125(d)(4)(E) - Suicide Screening- Must be administered immediately if the child exhibits warning signs that necessitate a suicide screening be conducted. A suicide assessment was not administered after a child in care self-harmed.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation	—
4	—	748.2455(a)(2) - Emergency Behavior Intervention-Basis for EBI is an emergency situation or to administer medication Staff interviewed during the investigation confirmed the situation was not an emergency that would warrant a restraint.	—
4	—	748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks An employee engaged in a power struggle with a child in care while matching their energy and escalating the situation further.	—
4	—	748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks A staff member did not use prudent judgement when they gave children in care access to a vape pen, edibles, and inappropriate photographs.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation A child in care was hit in the face by operation staff.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation	—
3	—	748.126(b) - All employees and caregivers must be aware of and follow your policies and procedures Staff admitted to using a prone restraint which is against the operations EBI policies.	—
4	—	748.2003(b)(6) - Administration of prescription medication-ensure a person trained in & authorized to administer prescription medication administers the medication This standard was found deficient as part of a DFPS Investigation.	—
4	—	748.2463(3) - Emergency Behavior Intervention-Never used as a means to get a child to comply During the interviews staff confirmed statements were made indicating the child needed to comply and learn to behave as they continued with a restraint.	—
4	—	748.2307(9) - Other Prohibited Punishments-subjecting a child to abusive or profane language Interviews reported hearing the staff curse at a child in care.	—
5	—	748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work. A staff member admitted during the investigation that they hit a child in care at the operation. Video footage shows that staff member did in fact hit and punch children in care at the operation.	—
5	—	748.2605(a)(5) - Personal Restraints Prohibited-Restraints that twist or place the child's limb(s) behind the child's back A staff member placed a child's arm behind their back during a restraint.	—
3	—	748.1337(b)(1)(D) - Initial Service Plan-Include specific goals and strategies to meet the child's needs, including instructions to caregivers A child's service plan does not include personal or specific strategies to meet the child's behavioral, supervision, and high-risk needs.	—
2	—	748.1225(b) - Admission-Dental exam for child 3 years old or older scheduled in 30 days and done in 90 days unless documentation of one within past year on file A child in care did not have a dental appointment with 90 days of admission.	—
4	—	748.2455(a)(2) - Emergency Behavior Intervention-Basis for EBI is an emergency situation or to administer medication Video showed staff did not attempt a less restrictive intervention prior to initiating a containment on a child in care.	—
4	—	748.3001(a)(1) - Sanitation Inspection-Sanitation official must conduct a sanitation inspection before initial permit issued A health inspection was not completed.	—
3	—	748.2151(c)(7) - Medication record - must include the child's refusal to accept medication A child refused to take medication, this refusal or the reason of refusal was not documented on the medication record.	—
3	—	748.1337(b)(1)(D) - Initial Service Plan-Include specific goals and strategies to meet the child's needs, including instructions to caregivers A child's service plan does not include personal or specific strategies to meet the child's behavioral and supervision needs. It also does not include signatures.	—
3	—	745.651(1) - Background Check Validation - You must inactivate a subject who is no longer associated with your operation within 7 days of leaving While reviewing background checks there were three employees who are not long employed since mid-November, with active background checks.	—
5	—	748.2605(a)(1) - Personal Restraints Prohibited-Restraints that impair child's breathing by putting pressure on child's torso Staff did not release the child from the restraint after the child said they could not breathe. Collateral staff confirmed during interviews that the staff member was directed to release the child from the restraint and the child said they could not breathe.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation.	—
1	—	748.1339(b) - Initial Service Plan-For treatment services, service planning team must include two professionals A child's service plan did not have the required amount of team members/professionals present.	—
4	—	748.1545(a) - Vision and hearing screening-must ensure that each child is screened; must have professional exam if problems are detected A child in care was missing a vision and hearing test upon admission.	—
3	—	748.3271 - First Aid Kits-All separate living areas & buildings must have first-aid kit available; first-aid kit must be available for field trips There were no first aid kits in the operation.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation	—
5	—	748.685(a)(4) - Caregiver responsibility - providing the level of supervision necessary to ensure each child's safety and well-being Interviews confirmed staff did not keep the children in line of sight while the children played in the fort.	—
1	—	748.1209(d) - Child Orientation-document in child's record when orientation occurred, any required information omitted, reason for any omissions Child orientation was not in two child files. Operation stated topics are discussed when admitting the children, but it has not been document.	—
3	—	748.2551(d)(1) - EBI Implementation-Caregiver must make every effort to protect the child's privacy, including shielding the child from onlookers Children confirmed during interviews that they observed the staff restrain the child.	—
3	—	748.535(3)(F) - Child-care administrator responsibilities-Ensuring that operation complies with applicable rules of chapter 748 and other applicable rules and laws. Due to pattern of repeated deficiencies cited during both inspections and investigations operation has not implemented effective or sustained corrective action to address areas of concern.	—
4	—	748.1205(a)(10) - Admission Documentation-Includes known contraindications to the use of restraint When reviewing two child's records the known contraindications to the use of restraint was not addressed.	—
3	—	748.2151(c)(3) - Medication record - must include reason medication was prescribed, for prescription medication While reviewing medication logs the reason why the medication is being prescribed was not listed for two child files.	—
4	—	748.2455(a)(1) - Emergency Behavior Intervention-Before using EBI, the caregiver must attempt less restrictive interventions that prove to be ineffective Staff interviewed during the investigation confirmed that she conducted the restraint on the child in care before using any other de-escalate technique.	—
5	—	748.2307(1) - Other Prohibited Punishments-any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline/punishment Video reviewed showed staff pouring a cup of ice on child's head.	—
5	—	748.2151(f) - Medication record-must include identification or prohibited prescription medication, non-prescription medication, or supplements for the child Two child medication records had a space for prohibited prescription or allergies to medication however this was left blank.	—
4	—	748.2455(a)(1) - Emergency Behavior Intervention-Before using EBI, the caregiver must attempt less restrictive interventions that prove to be ineffective Staff interviewed during the investigation confirmed that she conducted the restraint on the child in care before using any other de-escalate technique.	—
5	—	748.2307(15) - Other Prohibited Punishments-using or threatening to use emergency behavior intervention as discipline or punishment A staff member was observed on video saying they will restrain a child and make them feel the ground.	—
5	—	HRC42.046(1) - Public Notice and Hearing Requirements The notice must be published at least 10 days before the date of the public hearing. The notice was not published until 7/30/23 for hearing to be held on 8/2/23.	—
5	—	748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work. A staff member hit a child in the face as a means to get the child to comply.	—
4	—	748.1545(a) - Vision and hearing screening-must ensure that each child is screened; must have professional exam if problems are detected A child in care was missing a vision and hearing test upon admission.	—
3	—	748.2551(d)(1) - EBI Implementation-Caregiver must make every effort to protect the child's privacy, including shielding the child from onlookers Children confirmed during interviews that they observed the staff restrain the child.	—
3	—	748.1337(b)(1)(D) - Initial Service Plan-Include specific goals and strategies to meet the child's needs, including instructions to caregivers A child's service plan does not include personal or specific strategies to meet the child's behavioral, supervision, and high-risk needs.	—
4	—	748.191(3) - Required Postings-Post emergency and evacuation relocation plans in each building and living quarters used by children where all may view them During the first application walk through there was no emergency evacuation plan posted in the building.	—
4	—	748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks An employee engaged in a power struggle with a child in care while matching their energy and escalating the situation further.	—
5	—	748.2303(a) - Corporal Punishment-May not use/threaten corporal punishment, such as hitting/spanking, forced exercise, holding physical position, unproductive work. A staff member admitted during the investigation that they hit a child in care at the operation. Video footage shows that staff member did in fact hit and punch children in care at the operation.	—
5	—	748.2605(a)(1) - Personal Restraints Prohibited-Restraints that impair child's breathing by putting pressure on child's torso Staff did not release the child from the restraint after the child said they could not breathe. Collateral staff confirmed during interviews that the staff member was directed to release the child from the restraint and the child said they could not breathe.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation	—
2	—	748.2307(3) - Other Prohibited Punishments-threatening with the loss of placement as discipline or punishment A staff member was observed on video telling a child that "we need to get you out of here."	—
4	—	748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks A staff member did not use prudent judgement when they gave children in care access to a vape pen, edibles, and inappropriate photographs.	—
1	—	748.1209(d) - Child Orientation-document in child's record when orientation occurred, any required information omitted, reason for any omissions Child orientation was not in two child files. Operation stated topics are discussed when admitting the children, but it has not been document.	—
4	—	748.2463(3) - Emergency Behavior Intervention-Never used as a means to get a child to comply During the interviews staff confirmed statements were made indicating the child needed to comply and learn to behave as they continued with a restraint.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation.	—
2	—	748.1225(b) - Admission-Dental exam for child 3 years old or older scheduled in 30 days and done in 90 days unless documentation of one within past year on file A child in care did not have a dental appointment with 90 days of admission.	—
5	—	748.2605(a)(5) - Personal Restraints Prohibited-Restraints that twist or place the child's limb(s) behind the child's back A staff member placed a child in care's arm behind their back during a restraint.	—
3	—	748.126(b) - All employees and caregivers must be aware of and follow your policies and procedures Staff admitted to using a prone restraint which is against the operations EBI policies.	—
5	—	748.2307(1) - Other Prohibited Punishments-any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline/punishment Video reviewed showed staff pouring a cup of ice on child's head.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation.	—
3	—	748.1337(b)(1)(D) - Initial Service Plan-Include specific goals and strategies to meet the child's needs, including instructions to caregivers A child's service plan does not include personal or specific strategies to meet the child's behavioral and supervision needs. It also does not include signatures.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation	—
4	—	748.2463(3) - Emergency Behavior Intervention-Never used as a means to get a child to comply A staff member engaged in a power struggle with a child and pushed the child to the ground.	—
4	—	748.2003(b)(6) - Administration of prescription medication-ensure a person trained in & authorized to administer prescription medication administers the medication This standard was found deficient as part of a DFPS Investigation.	—
3	—	748.3271 - First Aid Kits-All separate living areas & buildings must have first-aid kit available; first-aid kit must be available for field trips There were no first aid kits in the operation.	—
3	—	748.2151(c)(7) - Medication record - must include the child's refusal to accept medication A child refused to take medication, this refusal or the reason of refusal was not documented on the medication record.	—
3	—	745.651(1) - Background Check Validation - You must inactivate a subject who is no longer associated with your operation within 7 days of leaving While reviewing background checks there were three employees who are not long employed since mid-November, with active background checks.	—
4	—	748.507(1) - Employee general responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and when performing assigned tasks Video reviewed and staff interviews confirm that staff engaged in a physical altercation with a child in care.	—
1	—	748.1339(b) - Initial Service Plan-For treatment services, service planning team must include two professionals A child's service plan did not have the required amount of team members/professionals present.	—
5	—	748.2605(a)(5) - Personal Restraints Prohibited-Restraints that twist or place the child's limb(s) behind the child's back A staff member placed a child's arm behind their back during a restraint.	—
4	—	748.2455(a)(2) - Emergency Behavior Intervention-Basis for EBI is an emergency situation or to administer medication Staff interviewed during the investigation confirmed the situation was not an emergency that would warrant a restraint.	—
3	—	748.2151(c)(3) - Medication record - must include reason medication was prescribed, for prescription medication While reviewing medication logs the reason why the medication is being prescribed was not listed for two child files.	—
3	—	748.535(3)(F) - Child-care administrator responsibilities-Ensuring that operation complies with applicable rules of chapter 748 and other applicable rules and laws. Due to pattern of repeated deficiencies cited during both inspections and investigations operation has not implemented effective or sustained corrective action to address areas of concern.	—
4	—	748.125(d)(4)(E) - Suicide Screening- Must be administered immediately if the child exhibits warning signs that necessitate a suicide screening be conducted. A suicide assessment was not administered after a child in care self-harmed.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation This standard was found deficient as part of a DFPS Investigation	—
4	—	748.2307(9) - Other Prohibited Punishments-subjecting a child to abusive or profane language Interviews reported hearing the staff curse at a child in care.	—
4	—	748.2455(a)(2) - Emergency Behavior Intervention-Basis for EBI is an emergency situation or to administer medication A restraint was implemented after the child was walking away from the situation. The child was not a danger to themselves or others at the time.	—
4	—	748.2455(a)(2) - Emergency Behavior Intervention-Basis for EBI is an emergency situation or to administer medication Video showed staff did not attempt a less restrictive intervention prior to initiating a containment on a child in care.	—
5	—	748.685(a)(4) - Caregiver responsibility - providing the level of supervision necessary to ensure each child's safety and well-being Interviews confirmed staff did not keep the children in line of sight while the children played in the fort.	—
4	—	748.3001(a)(1) - Sanitation Inspection-Sanitation official must conduct a sanitation inspection before initial permit issued A health inspection was not completed.	—
4	—	748.1205(a)(10) - Admission Documentation-Includes known contraindications to the use of restraint When reviewing two child's records the known contraindications to the use of restraint was not addressed.	—
5	—	748.1101(b)(1)(B) - Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation A child in care was hit in the face by operation staff.	—
3	—	748.1337(b)(1)(D) - Initial Service Plan-Include specific goals and strategies to meet the child's needs, including instructions to caregivers A child's service plan does not include personal or specific strategies to meet the child's behavioral and supervision needs. It also does not include signatures.	—
5	—	HRC42.046(1) - Public Notice and Hearing Requirements The notice must be published at least 10 days before the date of the public hearing. The notice was not published until 7/30/23 for hearing to be held on 8/2/23.	—
4	—	748.3001(a)(1) - Sanitation Inspection-Sanitation official must conduct a sanitation inspection before initial permit issued A health inspection was not completed.	—
4	—	748.2003(b)(6) - Administration of prescription medication-ensure a person trained in & authorized to administer prescription medication administers the medication This standard was found deficient as part of a DFPS Investigation.	—
1	—	748.1339(b) - Initial Service Plan-For treatment services, service planning team must include two professionals A child's service plan did not have the required amount of team members/professionals present.	—
4	—	748.2455(a)(1) - Emergency Behavior Intervention-Before using EBI, the caregiver must attempt less restrictive interventions that prove to be ineffective Staff interviewed during the investigation confirmed that she conducted the restraint on the child in care before using any other de-escalate technique.	—
3	—	748.3271 - First Aid Kits-All separate living areas & buildings must have first-aid kit available; first-aid kit must be available for field trips There were no first aid kits in the operation.	—
5	—	748.2151(f) - Medication record-must include identification or prohibited prescription medication, non-prescription medication, or supplements for the child Two child medication records had a space for prohibited prescription or allergies to medication however this was left blank.	—
3	—	748.1337(b)(1)(D) - Initial Service Plan-Include specific goals and strategies to meet the child's needs, including instructions to caregivers A child's service plan does not include personal or specific strategies to meet the child's behavioral, supervision, and high-risk needs.	—
4	—	748.2463(3) - Emergency Behavior Intervention-Never used as a means to get a child to comply A staff member engaged in a power struggle with a child and pushed the child to the ground.	—

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

Inspections (136)

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

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