Desperate

[daycare4life]

I also live in PA and have watched children in my home for 10 yrs. People I have never met have said great things about me. I hear it all the time. So and so said you are awesome with the kids and you do so much. I feel honored when I hear this and strive to continue. A neighbor turned me in for watching children. They came to my house 3 times and found nothing. I took an interest in applying for a group home license. I took the class and my next step was a board hearing on which I was denied. I was devistated. All my parents, friends and family were there. We out numbered the people against me. BUT because a neighbor of mine is a bigwig they knew someone on the board and I was done for. Not only would they not let me get a group home license they denied me to even get a regulat license. They told me the township allows me to watch 3 children and that should be good enough.
I continued watching all my children because my parents said they do not want to go to anyone else. Sure enough the neighbore called again and they showed up 2 weeks ago. I now have been given a letter saying I am to "cease and Desist" I had parents here when I received the letter. Every one of them said no way we are not leaving. I am at a loss on what to do. I have run a daycare for 21 yrs, this is all I know and LOVE. When I went through the process to get licensed it colst me $3,000. I cannot do it again. I need help. I am so depressed and feel like I am being harrased. If it were not for these little feet running through my door every morning I would not want to go on.
Forgive me for any mispellings I am writing this through glossed eyes.

[Blackcat31]

I am sorry you are stressed about this but honestly, you ARE doing something you aren't suppose to do.....being good at it has NOTHING to do with whether your city, county, state or whatever allows you to do it.

My advice would be to see if there are any alternatives to providing care in your home, such as renting a space somewhere or working in a center or something similar.

I understand that you are devastated but again, laws are laws and we can't just go against them because we feel we are good at what we do or because parents say you are great at watching/caring for their children.

You were basically told to stop the first time you were turned in so you DO know better....unfortunately, your neighbor had every right to turn you in, if you still continued to provide care for more than 3 children.

I wish I had better advice, but I don't.

Again, I am sorry this happened to you. :hug:

[Cat Herder]

I took an interest in applying for a group home license.

I was denied. they denied me to even get a regular license.

I continued watching all my children.

I now have been given a letter saying I am to "cease and Desist"

I am at a loss on what to do.

I am sorry hun, but it seems pretty cut and dry to me. You should Cease and Desist.

Your clients can not give you permission to do the wrong thing no matter how much you love it.

Have you considered applying for a job in a licensed center?

If you get a conviction on all of this working with kids in any capacity will no longer be an option for you. Think ahead.

[lovemylife]

That is a pain! I am so sorry!!!! The only thing I can think of is move somewhere else. But for most people that wouldn't be an option. I'm sorry! Good luck!

[MyAngels]

For right now you should cease and desist.

If you truly feel you've been wrongly denied a license I'd consider hiring a lawyer and put up a fight.

[Maria2013]

sorry you are going through this but if I were you, I'd first stop caring for kids to avoid a possible fine, then I would research laws and citizen's rights etc to see if the situation can be reversed

good luck to you:hug:

[Laurel]

I also live in PA and have watched children in my home for 10 yrs. People I have never met have said great things about me. I hear it all the time. So and so said you are awesome with the kids and you do so much. I feel honored when I hear this and strive to continue. A neighbor turned me in for watching children. They came to my house 3 times and found nothing. I took an interest in applying for a group home license. I took the class and my next step was a board hearing on which I was denied. I was devistated. All my parents, friends and family were there. We out numbered the people against me. BUT because a neighbor of mine is a bigwig they knew someone on the board and I was done for. Not only would they not let me get a group home license they denied me to even get a regulat license. They told me the township allows me to watch 3 children and that should be good enough.
I continued watching all my children because my parents said they do not want to go to anyone else. Sure enough the neighbore called again and they showed up 2 weeks ago. I now have been given a letter saying I am to "cease and Desist" I had parents here when I received the letter. Every one of them said no way we are not leaving. I am at a loss on what to do. I have run a daycare for 21 yrs, this is all I know and LOVE. When I went through the process to get licensed it colst me $3,000. I cannot do it again. I need help. I am so depressed and feel like I am being harrased. If it were not for these little feet running through my door every morning I would not want to go on.
Forgive me for any mispellings I am writing this through glossed eyes.

You say you got licensed. Did they revoke your license or do you mean in Pennsylvania you can only watch 3 with a license? Here we get re-licensed every year. As long as our inspection goes well, we are relicensed.

Are the people that are telling you to cease and desist from the city, county or state? I'm asking because here cities or counties can regulate our business but STATE law gives us permission to run a regular sized child care. Cities and counties cannot tell us we can't but they can with Large daycares. So you might want to check with your state attorney's office to see if this might be the same where you live.

For now, you'll have to only watch three or, like someone else said, if you get in trouble you may not be able to watch children at all.

Years ago, my provider friend was watching children without a license and was told to cease and desist until she got licensed (which she did). However, in the interim she watched children at her son's house in a different area. Do you maybe have an option to watch them somewhere else...at least for now?

Good luck!

Laurel

[cheerfuldom]

I am with the others, you need to stop watching kids at your house. If I was your neighbor and knew you had close to a dozen kids and no license (which is illegal here as well), I would call on you too. I am just being honest. Even if you are Mary Poppins 2.0, you need to follow the regulations. If they dont allow it, you can adjust to a smaller group, get a new job or move. I am sorry you are going thru this but again, you need to follow the local laws.

[momofboys]

Sorry for your sadness but the law is the law. You need to cut back to 3 kids.

[Margarete]

I did a little reading on PA http://www.pacode.com/secure/data/05...ap3290toc.html and it looks like they can only 'deny' you for certain things. It also looks like you may be able to have a 'correction' period if this was done suddenly. They shouldn't have revoked your small certificate on applying for a large without 'reason' (Did they give you one?). Appeal this! And do what you can to make sure you are following the laws in the mean time, failing to follow the laws IS valid reason to deny you getting your license back.

§ 3290.12. Negative sanctions.

(a) If the Department’s agent records noncompliance with the registration law or this chapter during an inspection, the operator shall submit a written plan to correct the noncompliance. The operator shall establish in writing, with the Department’s agent, an acceptable period of time in which the noncompliance will be corrected.

(b) The Department may deny issuance of a certificate of registration to an operator for one or more of the following reasons:

(1) Failure to certify compliance with the registration law or this chapter.

(2) Fraud or deceit in the self-certification process.

(3) Failure to meet the requirements of the CPSL.

(c) The Department may refuse to renew or may revoke a certificate of registration to an operator for one or more of the following reasons:

(1) Noncompliance with the registration law or this chapter.

(2) Fraud or deceit in the self-certification process.

(3) Lending, borrowing or using the certificate of another operator, or in any way knowingly aiding the improper issuance of a certificate of registration.

(4) Gross incompetence, negligence or misconduct in operating the facility.

(5) Mistreating or abusing children cared for in the facility.

(6) Failure to submit to the Department an acceptable plan to correct noncompliance.

(7) Failure to comply with the acceptable plan to correct noncompliance.


.........

[Blackcat31]

You say you got licensed. Did they revoke your license or do you mean in Pennsylvania you can only watch 3 with a license?

I did a little reading on PA http://www.pacode.com/secure/data/05...ap3290toc.html and it looks like they can only 'deny' you for certain things. It also looks like you may be able to have a 'correction' period if this was done suddenly. They shouldn't have revoked your small certificate on applying for a large without 'reason' (Did they give you one?). Appeal this! And do what you can to make sure you are following the laws in the mean time, failing to follow the laws IS valid reason to deny you getting your license back.

§ 3290.12. Negative sanctions.

(a) If the Department’s agent records noncompliance with the registration law or this chapter during an inspection, the operator shall submit a written plan to correct the noncompliance. The operator shall establish in writing, with the Department’s agent, an acceptable period of time in which the noncompliance will be corrected.

(b) The Department may deny issuance of a certificate of registration to an operator for one or more of the following reasons:

(1) Failure to certify compliance with the registration law or this chapter.

(2) Fraud or deceit in the self-certification process.

(3) Failure to meet the requirements of the CPSL.

(c) The Department may refuse to renew or may revoke a certificate of registration to an operator for one or more of the following reasons:

(1) Noncompliance with the registration law or this chapter.

(2) Fraud or deceit in the self-certification process.

(3) Lending, borrowing or using the certificate of another operator, or in any way knowingly aiding the improper issuance of a certificate of registration.

(4) Gross incompetence, negligence or misconduct in operating the facility.

(5) Mistreating or abusing children cared for in the facility.

(6) Failure to submit to the Department an acceptable plan to correct noncompliance.

(7) Failure to comply with the acceptable plan to correct noncompliance.


.........

From what I read, OP was denied the basic license so she never actually had a valid license.

I can see why they would deny her since she was asked to stop and she did not stop, even after being denied the license....I am assuming that is why she is now receiving a Cease and Desist letter now. I would think her actions fall under the failure to comply with an acceptable plan to correct the noncompliance and/or non-compliance with state laws and/or deceipt in the certification process.

OP seems to think it was due to some bigwig knowing someone who knew someone who had/has it out for her...but I think it has more to do with her ignoring the laws/rules of her state.

[Willow]

From what I read, OP was denied the basic license so she never actually had a valid license.

I can see why they would deny her since she was asked to stop and she did not stop, even after being denied the license....I am assuming that is why she is now receiving a Cease and Desist letter now. I would think her actions fall under the failure to comply with an acceptable plan to correct the noncompliance and/or non-compliance with state laws and/or deceipt in the certification process.

OP seems to think it was due to some bigwig knowing someone who knew someone who had/has it out for her...but I think it has more to do with her ignoring the laws/rules of her state.

Agree.

If the state says no and you go ahead and operate outside the confines of the law regardless, why on earth would they say yes later on? And to an even larger operation?

[snbauser]

Sorry this is happening to you.

First, if you received a cease and desist letter, you need to follow the law. Like someone else said, being good at what you do does not give you the right to break the law. And besides, how good are you if you are setting an example for the kids that it is okay to break a law when you don't agree with it? If you don't like the law and think it needs to be changed, then that is what you need to work towards.

Second, I'm a little confused on your post. Did you have a license initially for regular family child care? You said she called and the state came out 3 times and found nothing. So I'm guessing you had one or you only had 3 kids when they came. If you had one, I would look into how/why they can revoke or refuse to renew your license. Here we can have a family child care (5 kids) without town/city approval but depending on whether you live in a subdivision or not and what that subdivision allows can stop you. I know when we moved here we specifically looked for subdivisions that allowed home businesses. For a larger facility we have to be rezoned and get approval from all of our immediate neighbors.

[Margarete]

From what I read, OP was denied the basic license so she never actually had a valid license.

I can see why they would deny her since she was asked to stop and she did not stop, even after being denied the license....I am assuming that is why she is now receiving a Cease and Desist letter now. I would think her actions fall under the failure to comply with an acceptable plan to correct the noncompliance and/or non-compliance with state laws and/or deceipt in the certification process.

OP seems to think it was due to some bigwig knowing someone who knew someone who had/has it out for her...but I think it has more to do with her ignoring the laws/rules of her state.

I'm reading that she had a small, the neighbor has been complaining, and she got 3 visits, where they determined everything was fine and legal. Then when she applied for a large, that they denied her, and then revoked her small. So at this point she 'is' operating out of compliance.. however if it's still within 30 days of that revocation she still may be able to appeal, and or ask for a correction period legally.

[Willow]

I do wonder why it cost $3000 to apply for a regular license as well.....unless there were substantial home repairs needed to satisfy fire inspection and licensing regs I have no clue why or how it would cost that much.

To be licensed where I'm at it took a couple of training classes, a background check and a fire inspection. Total was maybe $150.

Anyone else know why it would cost so much elsewhere? I've never heard a start up number that high (unless a provider is starting from scratch and wants to spend that much on equipment?)??