Disbelief Over Licensing Citation

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  • daycare
    Advanced Daycare.com *********
    • Feb 2011
    • 16259

    #46
    Originally posted by mom2many
    When licensing was at my house a few months ago for an unannounced visit, I asked her specifically about the use of pack-n-plays...I had a 4 month old at the time in my care. She said, "They can only be used for napping and if they observe a provider leaving an infant or child in one to "play", they will cite them for a Title 22 violation, because it is considered "restraining"... even if the child is happy and they are given new toys to play with."

    It is mind boggling to me though when you need to use one for a safety issue, as in the case you stated or if a provider must leave the room to care for another child and wants to insure that the mobile infant is kept safe from any harm.

    I truly wonder what they would do themselves, if they were forced to follow their own rules themselves! :::::::::: Maybe then they would see how silly some of them are!
    really........well then I am in big trouble cuz if I have an explorer that I know I can't trust to let me go to the bathroom, I put them in the PNP for 30 seconds and do my business.

    I do it almost 3-5 times a day.................

    What else am I supposed to do??

    Comment

    • mom2many
      Daycare.com Member
      • Jun 2011
      • 1278

      #47
      Originally posted by daycare
      really........well then I am in big trouble cuz if I have an explorer that I know I can't trust to let me go to the bathroom, I put them in the PNP for 30 seconds and do my business.

      I do it almost 3-5 times a day.................

      What else am I supposed to do??
      Good question! She didn't have an answer for me either...just stated what would happen. I have a friend who has a family home daycare and she put her own infant daughter in one when they came out to her house and she was cited for using it. It didn't matter that it wasn't even a daycare child.

      When I first started 26 years ago, things were not so bureaucratic and providers were able to use common sense. Unfortunately it's not like that anymore, at least in CA!

      Comment

      • Kimberli
        Daycare.com Member
        • Aug 2012
        • 93

        #48
        I had a feeling that this situation would raise the hair on many necks, because face it, we all deal with these same issues on a daily basis. I think the hardest thing we deal with is parents who are 'too busy' or feel 'too guilty' (because of working) to teach and discipline their own children. Permissiveness is not the same thing as love - and it will ruin the child.

        In regards to the pack and play issue, you've all heard how strict my licensing analyst is ... the first unannounced visit she made (a couple of years ago now) she mentioned that I had pack and plays set up (in another room down the hall from my obvious play area where all the indoor activities take place) - and she told me that I have to take every one of my pack and plays (sometimes as many as four) down each time a child is not napping in them or she would cite me. It didn't even matter that they were elsewhere and vacant - no pack and plays could even remain assembled! So now, up and down they go - up and down.

        Last visit (same one where she investigated the complaint) my granddaughters exersaucer was in the corner of the family room (again, downstairs and a legal part of my daycare area but not used by children except for napping) because she forgot to put it back upstairs after the weekend. I explained that. Guess what? Yup! She wrote me up for it! I have NEVER used an exerciser for a child in my daycare, but, well ... who cares. There is no room with the State for life to happen - there are no second chances for being human, there are only punishments. But certainly - let's NOT punish a child or tell them no when they willfully disobey the rules.

        The only part of the story I neglected to mention above was that the licensing visit was on a Friday morning - she felt it appropriate to keep me at my dining room table in discussion for THREE hours while my Mom who is my assistant had to take care of the 6 kids (parent drop offs, diapers, breakfast, etc.) by herself, and then gave me 24 hours to submit my corrective actions to her by fax. When I asked if that meant by Monday (thinking 'business hours'), she said, "No, by tomorrow. I work Saturdays in my home office so I will expect it by then." Hardly reasonable in my opinion, when Saturdays are not one of my normal business days and no children would be attending until Monday morning again after the end of that day - but, alas, I complied.

        I already contacted the Child Care Law Advocate for my area days ago, but she is out of her office until the end of October (with no replacement, of course! ) - my luck! But I re-submitted a request through the main website explaining that she is unavailable and that I still need assistance - no response since last Friday.

        I feel like I am the only one in this situation who has no rights at all. It just pi**es me off! SORRY ... beyond spent over this whole mess -

        Thanks to ALL of you for your great support and suggestions! You really have kept me from jumping off the daycare bridge! Honest! (((HUGS)))

        Comment

        • daycare
          Advanced Daycare.com *********
          • Feb 2011
          • 16259

          #49
          Originally posted by Kimberli
          I had a feeling that this situation would raise the hair on many necks, because face it, we all deal with these same issues on a daily basis. I think the hardest thing we deal with is parents who are 'too busy' or feel 'too guilty' (because of working) to teach and discipline their own children. Permissiveness is not the same thing as love - and it will ruin the child.

          In regards to the pack and play issue, you've all heard how strict my licensing analyst is ... the first unannounced visit she made (a couple of years ago now) she mentioned that I had pack and plays set up (in another room down the hall from my obvious play area where all the indoor activities take place) - and she told me that I have to take every one of my pack and plays (sometimes as many as four) down each time a child is not napping in them or she would cite me. It didn't even matter that they were elsewhere and vacant - no pack and plays could even remain assembled! So now, up and down they go - up and down.

          Last visit (same one where she investigated the complaint) my granddaughters exersaucer was in the corner of the family room (again, downstairs and a legal part of my daycare area but not used by children except for napping) because she forgot to put it back upstairs after the weekend. I explained that. Guess what? Yup! She wrote me up for it! I have NEVER used an exerciser for a child in my daycare, but, well ... who cares. There is no room with the State for life to happen - there are no second chances for being human, there are only punishments. But certainly - let's NOT punish a child or tell them no when they willfully disobey the rules.

          The only part of the story I neglected to mention above was that the licensing visit was on a Friday morning - she felt it appropriate to keep me at my dining room table in discussion for THREE hours while my Mom who is my assistant had to take care of the 6 kids (parent drop offs, diapers, breakfast, etc.) by herself, and then gave me 24 hours to submit my corrective actions to her by fax. When I asked if that meant by Monday (thinking 'business hours'), she said, "No, by tomorrow. I work Saturdays in my home office so I will expect it by then." Hardly reasonable in my opinion, when Saturdays are not one of my normal business days and no children would be attending until Monday morning again after the end of that day - but, alas, I complied.

          I already contacted the Child Care Law Advocate for my area days ago, but she is out of her office until the end of October (with no replacement, of course! ) - my luck! But I re-submitted a request through the main website explaining that she is unavailable and that I still need assistance - no response since last Friday.

          I feel like I am the only one in this situation who has no rights at all. It just pi**es me off! SORRY ... beyond spent over this whole mess -

          Thanks to ALL of you for your great support and suggestions! You really have kept me from jumping off the daycare bridge! Honest! (((HUGS)))
          I did not know that about the pack and play, I hate having to take that thing up and down every time I need to use it....UGH...

          so if I have to go to the restroom then I have to put it up, place kid in it, (which is wrong) go to the bathroom, take it down and put it away....

          meanwhile, the kids will all be left unsupervised so I can do so..................................................Feel like I cant win


          BTW......i feel so bad for you and want you to know that if there is anything that I can do to help please let me know.... I hope that I never have to deal with something like this, but as we all know this is a risk we take daily when working with someone elses child...

          big hugs to you.....I hope you find some time to relax this weekend and not stress about this...... you sound like a very good provider and I am sure all of your DCP would agree wtih me

          Comment

          • sharlan
            Daycare.com Member
            • May 2011
            • 6067

            #50
            You are not in this situation alone. We are all one call away from this.

            Things have definitely changed in the 28 years I've done daycare.

            I was written up in August for 2 tomato plants, but nothing was said about a knife that my granddaughter had just left on the counter after making her lunch. Or about the knife block sitting at the back of the stove.

            Comment

            • mom2many
              Daycare.com Member
              • Jun 2011
              • 1278

              #51
              I have never heard about not being able to keep pack-n-plays up?!? I have one up in my living room, when I have a newborn, so I can always keep an eye on them, when they are sleeping. I also have 2 set up in the napping rooms and never take those down. No one has ever said anything about them. Geez, I wonder what they'd say if you had a crib?

              During my last visit, the analyst even went into "off limit areas" looking for things like bouncy seats, etc. Nothing is sacred...I understand they have encountered some horrible situations that have given them reasons to be extra diligent. However, when you are conscientious and doing your best to be 100% in compliance, it's really difficult to endure that kind of scrutiny....it's still "MY HOME"!!!!

              You definitely have one crazy analyst who is out to find anything she can to harass you about and I sympathize with you. I hope the Child Law Advocates can lend you some help in dealing with this. Don't let time deter you and be patient! You may end up helping other providers in your area, once this is brought to light! I know it doesn't ease your frustration or take away the stress...but sometimes good can come from a bad situation!

              Comment

              • sharlan
                Daycare.com Member
                • May 2011
                • 6067

                #52
                Originally posted by mom2many
                I have never heard about not being able to keep pack-n-plays up?!? I have one up in my living room, when I have a newborn, so I can always keep an eye on them, when they are sleeping. I also have 2 set up in the napping rooms and never take those down. No one has ever said anything about them. Geez, I wonder what they'd say if you had a crib?

                During my last visit, the analyst even went into "off limit areas" looking for things like bouncy seats, etc. Nothing is sacred...I understand they have encountered some horrible situations that have given them reasons to be extra diligent. However, when you are conscientious and doing your best to be 100% in compliance, it's really difficult to endure that kind of scrutiny....it's still "MY HOME"!!!!

                You definitely have one crazy analyst who is out to find anything she can to harass you about and I sympathize with you. I hope the Child Law Advocates can lend you some help in dealing with this. Don't let time deter you and be patient! You may end up helping other providers in your area, once this is brought to light! I know it doesn't ease your frustration or take away the stress...but sometimes good can come from a bad situation!
                I was told at my last orientation, but haven't seen it in writing, that after the initial inspection, the analyst cannot go into any area deemed "off-limits" to the kids unless they suspect the area is being used for childcare.

                I was really surprised at my last inspection what all was not inspected. The analyst never even went into the playroom.

                Comment

                • mom2many
                  Daycare.com Member
                  • Jun 2011
                  • 1278

                  #53
                  Originally posted by sharlan
                  I was told at my last orientation, but haven't seen it in writing, that after the initial inspection, the analyst cannot go into any area deemed "off-limits" to the kids unless they suspect the area is being used for childcare.

                  I was really surprised at my last inspection what all was not inspected. The analyst never even went into the playroom.
                  I have had them pop them head into my master bedroom, but this last time she actually went out onto the pool deck that is secured with a pool fence and investigated the far back corner where our hot tub is. She walked over to the other end of the pool and then went into the room that is on our pool deck and is my husband's man cave. This was a first for me! I wasn't sure if she was just being nosey and wanted to check it all out, because it's clearly NOT a daycare area!

                  Interestingly too...she never stepped foot in the room where the kids play to check it out at all. I showed her my scrap book room, where I now have kids nap (previously it was off limits, when it was my son's bedroom) and asked her if it was all ok to use now...she glanced around and said, "yes it's fine" and didn't really inspect anything!

                  Comment

                  • daycare
                    Advanced Daycare.com *********
                    • Feb 2011
                    • 16259

                    #54
                    Originally posted by mom2many
                    I have had them pop them head into my master bedroom, but this last time she actually went out onto the pool deck that is secured with a pool fence and investigated the far back corner where our hot tub is. She walked over to the other end of the pool and then went into the room that is on our pool deck and is my husband's man cave. This was a first for me! I wasn't sure if she was just being nosey and wanted to check it all out, because it's clearly NOT a daycare area!

                    Interestingly too...she never stepped foot in the room where the kids play to check it out at all. I showed her my scrap book room, where I now have kids nap (previously it was off limits, when it was my son's bedroom) and asked her if it was all ok to use now...she glanced around and said, "yes it's fine" and didn't really inspect anything!
                    I just had one about a month ago and they pooped their head into all of my rooms and went into my garage???? which I didnt get because the door from the house to the garage is always locked and you need a key to unlock it....???

                    All I have to say is that you are never safe......lucky for me I was found in compliance with everything, but I was still being treated as though I was being interrogated by them.
                    I felt less interrogated when I got strip searched in the airport on my way home to egypt....

                    Comment

                    • cite
                      Daycare.com Member
                      • Dec 2012
                      • 1

                      #55
                      Sorry This Happened!

                      I have a friend who just opened a daycare, and she was blown away when I sent her this thread. I feel your pain, and can sympathize. Sometimes shady characters can hurt you so much, which is why it's important to have policies in place and always follow them - you already knew this.

                      Thanks for posting this as the experience in the least will help others who are less educated in this field. Sometimes, as with any system made by humans, there are flaws to be exploited.

                      Comment

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