Important info for CA Providers!

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  • sharlan
    Daycare.com Member
    • May 2011
    • 6067

    #31
    Originally posted by TwinKristi
    http://ccld.ca.gov/res/pdf/CCUpdate1007.pdf

    Type A violations are clarified here in this PDF file from 7yrs ago. A type A violation has to be pretty significant. Leaving meds, cleaners, etc. accessible to kids and such. Non working smoke detectors or extinguishers. Of course "immediate danger" is something one analyst may view differently than another but from what I've heard a type A is pretty severe. A local provider had a few type A's, cleaners and meds accessible from what the report said. The rest of her violations were clerical stuff which is type B.
    My type A violation was two tomato plants in my backyard. I was not fined because my SIL immediately moved it behind the pool fence.

    Comment

    • SignMeUp
      Family ChildCare Provider
      • Jan 2014
      • 1325

      #32
      Here, as centers put in "all natural" discovery playgrounds, with small water features and tree stumps, fcc is cited for any standing water (think: puddle).
      I had a non-functioning fountain in my front yard and it got mentioned by several licensors, so I finally drilled holes in each layer of it and filled it with stones ::

      Comment

      • sharlan
        Daycare.com Member
        • May 2011
        • 6067

        #33
        Originally posted by mom2many
        Daycare, you'd be fine as long as there's nothing in there that needs to inaccessible! For years, this was my own kids bathroom, so they had tooth paste etc in the cabinet. No meds were ever in there (it was a kids bathroom!)

        When she saw I had the other old style latch, it was like she'd hit a jackpot! She pulled everything out...it was mostly my daughters hair products and some face soaps. She listed everything like I had super toxic things "unlocked". I'm just glad I didn't get a fine on top of it! I think that's where they are headed.

        She also wanted me to put one on the cabinet under my kitchen sink too. I have never stored detergents or cleaning products under there...they've always been kept outside in garage or in the cabinet above my refrigerator. All I have under there are my 2 garbage cans, but she thought it was good to do it, so I could store things there if I ever wanted to.

        So, I had my dh install one and it was a HUGE pain! I never realized how many times a day, I needed throw garbage or recycling away!!!! I had him take it off after a month! I'd had no problem for 20+ years storing things above my fridge and it worked for me! Locking up my trash cans though was a major inconvenience though!
        I've been doing this for 30 years now. I've never been allowed to have anything under my bathroom sink or medicine cabinet - toothpaste, lotions, make-up, etc. Anything that says "keep out of reach of children" is not allowed. That includes MOST liquid handsoaps.

        I used to use the old finger type locks, which really aren't a lock but a deterrent. I now have the "tot locks" for the cabinets under the kitchen and bathroom sinks, and l have the finger ones on all the other cabinets. I use two "fridge locks" on my downstairs shower so the kids can't get into the shower. My niece is allowed to keep her toiletries in the shower.

        Comment

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

          #34
          Originally posted by sharlan
          My type A violation was two tomato plants in my backyard. I was not fined because my SIL immediately moved it behind the pool fence.
          I got this from the county when I inquired about a home garden project.

          Green leaves of the tomato plant can cause a contact dermatitis and if the children ingest the leaves it can cause an upset stomach. Children should wash their hands after contact with the plant.

          Children should not eat green tomatoes as they can cause toxic side effects ( vomiting, headache etc.)

          Comment

          • sharlan
            Daycare.com Member
            • May 2011
            • 6067

            #35
            Yes, the tomato plant is considered poisonous. Another provider here had plants and her analyst didn't say anything about them. I'd had plants in the past and they never said a thing.

            CA is such a gray state.

            Comment

            • mom2many
              Daycare.com Member
              • Jun 2011
              • 1278

              #36
              Originally posted by sharlan
              Yes, the tomato plant is considered poisonous. Another provider here had plants and her analyst didn't say anything about them. I'd had plants in the past and they never said a thing.

              CA is such a gray state.
              We had them for years too and no one had ever said anything about them.

              Comment

              • Annalee
                Daycare.com Member
                • Jul 2012
                • 5864

                #37
                Originally posted by mom2many
                According to this other provider- They are proposing license fees to increase them to 5x what we currently pay, so they would be $330 a year NOT $60!

                In addition to this, fines for violations will also impact providers financially. I understand the benefit the State will get by generating more revenue in this manner.... Just like traffic fines, where the state gets a huge amount of $ collected for these!

                However, CA regs are open to TOO MUCH interpretation on the part of individual analysts (ie: which child proof locks should be used to make things "inaccessible", use of different equipment- some providers are told they can use exersaucers & some providers are cited for even having them "stored in off limit" areas...I could go on & on!

                I have discussed these discrepancies in depth with the management of the Santa Clara County office & they openly admit that each county within CA cannot agree on what the regs are and that even analysts have their own interpretation on what they are! If I am gonna be fined for not following a reg, then I need to have something in black & white.
                This sounds just like what happened to providers here in TN...one day license were $10 and the next they were $200....rediculous! Even in the regs it STILL says $10 to this day, but we pay more. If we get all our stars they will let us get 3 years for $200.
                Last edited by Annalee; 04-30-2014, 09:49 AM. Reason: wrong number

                Comment

                • Annalee
                  Daycare.com Member
                  • Jul 2012
                  • 5864

                  #38
                  Originally posted by TwinKristi

                  And how do states all over the country fund their QRIS or whatever programs? Or the grants they provide when people meet their next level? I don't think their annual fees differ much from ours.

                  E
                  TN has cut EVERY program to do with child care except the QRIS ASSESSMENT system....something is wrong with that because our State is in a budget crisis and they could save millions cutting the mandated assessment program. Right now, civil penalties are bringing in quite a bit of money.

                  Comment

                  • TwinKristi
                    Family Childcare Provider
                    • Aug 2013
                    • 2390

                    #39
                    Originally posted by Annalee
                    TN has cut EVERY program to do with child care except the QRIS ASSESSMENT system....something is wrong with that because our State is in a budget crisis and they could save millions cutting the mandated assessment program. Right now, civil penalties are bringing in quite a bit of money.
                    CA is already in a budget crisis so I could see them increasing rates, but not by 5x. Our bridge toll goes up $1/yr until it reaches their target. That's usually the approach most states take when making major increases. I could see them raising it by 50% a year until they reach their target of 5x what it is. But I don't see this as the case here. Why punish everyone and keep fines low when they can increase the fines and rake it in? That's what they did with the Golden Gate Bridge. They eliminated the toll collectors and made it automated and then if you don't pay within their time frame they double it and double it again and again. I know someone who didn't pay their bill and ended up paying over $5,000 for a $6 toll!!! They punish those who make a mistake not those who follow the rules.

                    And yeah, having chemicals under a sink without a two part lock would be a Type A violation here as well. I understand the frustration, I have heard of weird things with one analyst vs another. A local DCP told me that her first licensing analyst told her the knife block she had needed to be kept above the fridge, not in the corner of her counter like the pre-inspector told her. Then when she had a visit they told her that was dangerous and a fall hazard during an earthquake or bumping the fridge and the inside corner of the counter was the safer place to keep them. My pre-licensing inspector told me I might want to move them up high but the actual analyst said my location was fine, also in the back corner of my counter. I have all kids under 3 at this point so no one can reach them from ground level. If they climb sure, but just like other things, they can be kept above fridge height safely. If kids can climb on the counter they can reach above the fridge as well. And the analyst said we can keep the dish/hand and sanitizer on the counter closest to the back. I have a window there but others may have a backsplash or wall.

                    And to clarify the 2 part lock concept, it only applies to the "keep out of reach" items and means it can't be one of those push down style ones. It has to have 2 parts to unlocking it or a key. We have a key lock for our closet that has meds and toiletries, and the one with cleaners has a hook and loop style that has a spring lock on it. So you have to pull the spring mechanism back and pull up. The cabinet under my sink has dishwasher detergent and dish soap and has a 2 part lock. The analyst told me they'd like to see one that doesn't allow any opening, even a small amount, because small kids can reach their tiny hands in and get to the toxics. He said if someone can get their hand in their it needs to be replaced with another type of lock that doesn't allow it. I wasn't able to do the tot-lock on that one because of the cabinet itself. I have them but they don't fit in that cabinet. I have another style lock I can use if needed, but I could see that being an issue for one analyst over another.

                    Comment

                    • Unregistered

                      #40
                      If only there could be consistency from one licensing person to another.

                      Perhaps if they tripled training for licensing personnel

                      Or, I know!! Fine them ::

                      Comment

                      • Annalee
                        Daycare.com Member
                        • Jul 2012
                        • 5864

                        #41
                        Originally posted by Unregistered
                        If only there could be consistency from one licensing person to another.

                        Perhaps if they tripled training for licensing personnel

                        Or, I know!! Fine them ::
                        I think here, licensing doesn't even understand some of the rules/regs. That is why there are so many inconsistencies. Licensing doesn't like the QRIS issue here either. Providers get a different answer from each branch of persons. :confused:

                        Comment

                        • Margarete
                          Daycare.com Member
                          • Jun 2013
                          • 290

                          #42
                          I went to this, but the community care licensing portion has been postponed, until after their next revision. I did get to network with some of the CQEL organization leaders and some other child care center providers, I was the only family child care provider that I know of. It's hard for family child care providers to attend something like this, and others who have small and large centers had flown or driven long distances to share their comments, and now we have to try to make another trip.

                          This is the time to send in comments to your representatives! I hope no one minds I shared some of the comments here with an aide of a representative at the capital, along with some of my own comments.

                          Comment

                          • mom2many
                            Daycare.com Member
                            • Jun 2011
                            • 1278

                            #43
                            Originally posted by Margarete
                            I went to this, but the community care licensing portion has been postponed, until after their next revision. I did get to network with some of the CQEL organization leaders and some other child care center providers, I was the only family child care provider that I know of. It's hard for family child care providers to attend something like this, and others who have small and large centers had flown or driven long distances to share their comments, and now we have to try to make another trip.

                            This is the time to send in comments to your representatives! I hope no one minds I shared some of the comments here with an aide of a representative at the capital, along with some of my own comments.
                            I wish I could have attended! I live about 3 hours away and couldn't close for the day to attend.

                            I do have addresses & numbers to contact representatives that was posted on another site today. I will start a new thread with them for anyone interested.

                            Please let me know of anything you hear on your part!

                            Comment

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