Transportation w/o Permission UPDATE!

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  • kelliott
    Daycare.com Member
    • Apr 2013
    • 77

    Transportation w/o Permission UPDATE!

    My previous daycare provider for my son has pulled back her collection..!

    soon after my son was pulled from her care, she was cited for over-capacity. i did consult a lawyer who did, in a round about way, contact her by a written statement.. she ultimately pulled back the collection... i think she knew she was in the wrong.. and because she's a good 20+ years older than i am, she felt i didn't know the "ins and outs" and would be too intimidated to fight..

    yay for me!!happyface
  • Crystal
    Advanced Daycare.com Member
    • Dec 2009
    • 4002

    #2
    Thanks for the update! I guess she got hers, huh?!

    Comment

    • countrymom
      Daycare.com Member
      • Aug 2010
      • 4874

      #3
      wow, now you kinda wonder what else was going on. did you ever notice that she had more kids than she should have.

      Comment

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

        #4
        Wow that's crazy. This is exactly why California needs a rating system that will provide more eduction for providers.

        I'm not saying anything negative here just saying.

        Comment

        • kelliott
          Daycare.com Member
          • Apr 2013
          • 77

          #5
          she told me at the time i signed my son that she was licensed to watch 14 kids.. there were never more than that at a time from what i could tell, BUT a few of the times i picked up or dropped off my son i noticed that it was just her daughter at the home-in CA licensing states 8 children per 1 adult.. so this adult(her daughter) was with almost twice as many as allowed in the state by herself..

          Comment

          • countrymom
            Daycare.com Member
            • Aug 2010
            • 4874

            #6
            Originally posted by kelliott
            she told me at the time i signed my son that she was licensed to watch 14 kids.. there were never more than that at a time from what i could tell, BUT a few of the times i picked up or dropped off my son i noticed that it was just her daughter at the home-in CA licensing states 8 children per 1 adult.. so this adult(her daughter) was with almost twice as many as allowed in the state by herself..
            sounds like the lady in the trailer park. Now I've heard 3 complaints about this lady. But there is no regulations here in ontario. Apparently the daughter (she's 18) is suppose to watching the kids but she's not while the owner (the daycare provider) is sleeping all day. the kids are not being cared for at all. Now I'm getting her clients and I'm shocked when people tell me what is going on.

            Comment

            • Laurel
              Daycare.com Member
              • Mar 2013
              • 3218

              #7
              Originally posted by daycare
              Wow that's crazy. This is exactly why California needs a rating system that will provide more eduction for providers.

              I'm not saying anything negative here just saying.
              I doubt that a woman who has been doing this for so long needs education. She just needs to follow the rules that are already in place.

              Also licensing needs to do their jobs. Where I am at in Florida we are pretty regulated but still a little boy died in home care because the provider broke all kinds of rules and yet my licensor told me that her hands were tied. I asked her why, when you know a provider is breaking rules, can't you show up and surprise them as many times as it takes. She said they were only allowed to inspect 3 times a year unless there is a complaint. I asked her who the next highest person was to find out about why this happens. She said the county commissioners but they don't know anything about child care or don't care. Wow.

              Laurel

              Comment

              • Laurel
                Daycare.com Member
                • Mar 2013
                • 3218

                #8
                Originally posted by kelliott
                My previous daycare provider for my son has pulled back her collection..!

                soon after my son was pulled from her care, she was cited for over-capacity. i did consult a lawyer who did, in a round about way, contact her by a written statement.. she ultimately pulled back the collection... i think she knew she was in the wrong.. and because she's a good 20+ years older than i am, she felt i didn't know the "ins and outs" and would be too intimidated to fight..

                yay for me!!happyface
                Well that's good. I forget what the original situation was. Was it that she transported your child to a game because you didn't get there early enough to pick him up or am I thinking of someone else?

                Just have to ask how does a lawyer send something in writing in a round about way? He either sent it or he didn't. ::

                But whatever, I'm glad you're out of that situation.

                Laurel

                Edited to add: I just re-read your thread title so it was the case I was thinking about. Oops!

                Comment

                • Crystal
                  Advanced Daycare.com Member
                  • Dec 2009
                  • 4002

                  #9
                  Originally posted by Laurel
                  I doubt that a woman who has been doing this for so long needs education. She just needs to follow the rules that are already in place.

                  Also licensing needs to do their jobs. Where I am at in Florida we are pretty regulated but still a little boy died in home care because the provider broke all kinds of rules and yet my licensor told me that her hands were tied. I asked her why, when you know a provider is breaking rules, can't you show up and surprise them as many times as it takes. She said they were only allowed to inspect 3 times a year unless there is a complaint. I asked her who the next highest person was to find out about why this happens. She said the county commissioners but they don't know anything about child care or don't care. Wow.

                  Laurel
                  Why would doing this for so many years mean she doesn't need education? I think EVERY provider could use education.

                  I do agree that it is a matter of needing to follow the rules here, but still, years in business doesn't mean she couldn't stand to be educated. Also, the QRIS isn't just about education....it's about quality.

                  Comment

                  • Laurel
                    Daycare.com Member
                    • Mar 2013
                    • 3218

                    #10
                    Originally posted by Crystal
                    Why would doing this for so many years mean she doesn't need education? I think EVERY provider could use education.

                    I do agree that it is a matter of needing to follow the rules here, but still, years in business doesn't mean she couldn't stand to be educated. Also, the QRIS isn't just about education....it's about quality.
                    I meant that if she has been a provider for many years she should surely know by now that she can't transport without a parent's permission. If she didn't know that by this time then no amount of education is going to change that. She was already educated on this (by getting a copy of rules when she opened I'd guess) so education wasn't the issue here. It was a blantant disregard for what she already should have known. That is what I meant.

                    Laurel

                    Comment

                    • Crystal
                      Advanced Daycare.com Member
                      • Dec 2009
                      • 4002

                      #11
                      Originally posted by Laurel
                      I meant that if she has been a provider for many years she should surely know by now that she can't transport without a parent's permission. If she didn't know that by this time then no amount of education is going to change that. She was already educated on this (by getting a copy of rules when she opened I'd guess) so education wasn't the issue here. It was a blantant disregard for what she already should have known. That is what I meant.

                      Laurel
                      Unfortunately in California there is no reg that says she cannot transport without permission. The parent found this out when she called licensing. Crazy huh?!

                      Comment

                      • Laurel
                        Daycare.com Member
                        • Mar 2013
                        • 3218

                        #12
                        Originally posted by Crystal
                        Unfortunately in California there is no reg that says she cannot transport without permission. The parent found this out when she called licensing. Crazy huh?!
                        That is crazy, wow. We have to have permission to take them anywhere outside of the house, even on stroller rides. I do have a permission slip that is a blanket one for stroller rides and my licensor had me make another one (even though she had accepted the one I had for years ) that said the times I took them out. Huh? I take them out at different times. So I had to say between the hours of such and such. Sheesh.

                        Laurel

                        Comment

                        • kelliott
                          Daycare.com Member
                          • Apr 2013
                          • 77

                          #13
                          LOL i just meant round about cause it wasn't directly to her.. it was to who was "representing" her in her collection process... *my lawyer will contact your lawyer* type of situation

                          Comment

                          • Laurel
                            Daycare.com Member
                            • Mar 2013
                            • 3218

                            #14
                            Originally posted by kelliott
                            LOL i just meant round about cause it wasn't directly to her.. it was to who was "representing" her in her collection process... *my lawyer will contact your lawyer* type of situation
                            Oh okay, couldn't figure that out!

                            Laurel

                            Comment

                            • MarinaVanessa
                              Family Childcare Home
                              • Jan 2010
                              • 7211

                              #15
                              Originally posted by daycare
                              Wow that's crazy. This is exactly why California needs a rating system that will provide more eduction for providers.

                              I'm not saying anything negative here just saying.
                              Although I agree that the QRIS system could be a positive thing and that providers could benefit from education and improving the quality of their programs I think that it is extremely important that PARENTS take the initiative to educate themselves about their state's child care regulations. There are so many parents out there that don't know the difference between licensed (or registered, where it applies), license-exempt (legal) or unlicensed (illegal) childcare. They don't know about ratios, substitute/employee regulations, special needs laws, safety regulations etc.

                              This info is easily obtainable online in my state or people can call their local licensing office to ask questions. We (CA) even have the regulation highlights where the most important regulations are paraphrased for providers and parents to easily understand.

                              Some parents even think that they know the regulations but don't know them in detail. For example, a parent (in CA) might know that a small licensed FCC home has a capacity of 8 children and that a large FCC home has a capacity of 14 children but they might not know that within those capacities a small FCC home that has the full 8 children can only have 2 infants, 1 child in Kindergarten and one child age 6 or higher OR they can have 3 infants and 3 toddlers but then can't have more than 6 children max OR they can have 4 infants max ... even if they have a license for 8. Same thing applies for large FCC homes. Just because the license says 14 children that doesn't mean that you can have 14 infants or 14 toddlers ... there are age restrictions within the ratios to follow and many parents aren't familiar with that.

                              Like kelliot stated, the FCC home has a license for 14 but many times there was only 1 adult present which is a huge No-No and kelliot probably wasn't even aware of this regulation until they were told by licensing after this whole ordeal. They probably also didn't know that in addition to needing 2 adults if there are more than 8 children present, the main provider MUST be present for at least 80% of the time regardless of whether or not there are 2 adults present. For example if the provider left her adult DD and another approved adult as a substitute the provider still has to be present at least 80% of the time (or something like that). It's always good for the parents to read up on the regulations and understand them.

                              Originally posted by Crystal
                              Unfortunately in California there is no reg that says she cannot transport without permission. The parent found this out when she called licensing. Crazy huh?!
                              Yep, that's right. Most providers have a waiver or permission form for parents to sign only for their own protection but they don't need it to ask for permission because we don't have a regulation that says that we need one. The state leaves it up to each individual provider to decide for themselves whether or not to transport and for the families to decide whether or not they want a provider who transports or not without requiring additional paperwork.

                              Originally posted by kelliott
                              My previous daycare provider for my son has pulled back her collection..!

                              soon after my son was pulled from her care, she was cited for over-capacity. i did consult a lawyer who did, in a round about way, contact her by a written statement.. she ultimately pulled back the collection... i think she knew she was in the wrong.. and because she's a good 20+ years older than i am, she felt i didn't know the "ins and outs" and would be too intimidated to fight..

                              yay for me!!happyface
                              In any case I am glad that your provider decided to drop the collection. Just think of this as a learning process and I hope that you go ahead and read up on Tittle 22 (child care regulations). There's a lot of stuff in there that you would never even think to think about .

                              Comment

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