Child Left Unattended

[Unregistered]

Ok I was working at this one center and then got fired because I was blamed for leaving a child when the child was not in my care...
The dss called I called back 5 times no answer and they never returned my call.
Now today I get a letter in the mail stating that there was a finding in child abuse and neglect cause by me.
What should I do?

Story,
I was told to leave my room out of ratio to dgo to the infant room, since the room I was teacher in was going outside the the teacher left in there would be in ratio once outside. After 27 mins the lady who took over my room stuck her head in asking where the child was, I said with you, she said no. Then I got the person in charge of the front to let me go look and the child was left in the room. I grabbed the child he was fine no harm done and was given to the teacher that was suppose to be in charge. Then when it was my time to go home I was taken to the office to be fired.

[jen]

Who is the letter from? The center? Is it being forwarded to the police or the county?

What your next step is depends on the letter. If this is going to the county or has legal remifications for you, I would suggest an attorney.

[Unregistered]

The letter is from DSS... The case worker called me I called her back 5 times because I believe I am in no wrong and she never returned my call nor heard the side of my story

I had talked to cps before and was told I was not at fault

I typed up the whole situation Here it is.. removed last names

On October the 13th it was a normal day at Early Beginnings. When Shuanna was to leave Kathy came to take her place. Kathy is not normal to the two year old rooms she use to work in the 3 year old room and then was made a floater.
At one point Rhonda (Who was acting Administrator, does not have the schooling to be this anyways) told me to go and let Heather leave for the day in the Infant 3 room. I told Rhonda that we would be out of ratio since we had 13 children and the ratio for 2 year olds is 9:1. She responded saying that since we were heading outside Kathy Lowery would be fine since the other 2 year old room was out which would make them in ratio for 3 teachers.
The children were already lined up at the door I told them to walk to the door in the hallway which heads outside once Kathy came out of the room I asked if she had everyone and she said yes, turned around looked in the room and shut the door as I was walking down the hallway to the Infant 3 room to allow Heather to go home.
25 Minutes later Kathy stuck her head in asking where Gabriel was, I said with you. She said he was not outside and that she would double check. Then I opened the door and told her to check in-between the castle and the fence since Gabriel sometimes would hide there, she told me not there.
I immediately grabbed Rhonda and told her I had to check and see if he was in my room, the second she stepped in I ran out so I do not even think that she realized what had happen. Once I walked in the room I saw Gabriel standing in the housekeeping center playing the with keyboard. I picked him up and made sure he was alright and he was perfectly fine. I took him back through the infant 3 room and passed him to Kathy through the door. I then told Rhonda that he had been left in the room alone.
At 5:30 pm I was pulled from the Infant 3 room to the office by Farrah. In the office there was Tammy, Farrah, Kathy and I. Kathy and I were told that we were both fired for leaving Gabriel, and that he was a family friend to her and she looked at him as one of her children and can’t imagine that this happen. In shock I did not say anything, but was told I could be escorted to collect my belongings from my classroom and then also be escorted out of the building.
The person that was present in the Infant 3 room and will attest to this statement is Renee.

[jen]

Obviously, it is never OK that a child was left alone. However, it seems to me that this is a problem with procedure, or lack thereof. What is the procedure for ensuring that all of the children are accounted for?

If there was a procedure, and it wasn't followed, you and Kathy are at fault. If there is no procedure to follow, the center is at fault.

It really doesn't matter who is a family friend, that is inconsequential and shouldn't be a part of that conversation.

I would contact a lawyer and have him/her write up your side of the story and have it sent to dss and/or cps. Furthermore, if there are not any procedures in place for safely accounting for all the children I would file a report on this and any other violations with licensing.

[QualiTcare]

i don't think you have a leg to stand on.

unfortunately, things get busy and people don't always follow the procedures they should. instead, they rely on a friend who says "yes" when asked "do you have everyone?"

that's not a good enough procedure. you should *technically* call each child's name as you hand them off and mark them off as accounted for, BUT since that's not always realistic - you at least do a physical head count (touching their heads and saying the number our loud...which is good for them learning to count btw) to make sure if you're supposed to have ten, u have ten.

it may have been the other person's fault, but if you were the one in charge and there's no documentation of a head count when she took over - i don't think the people in charge had much choice.

[Unregistered]

Thing is I was walking down the hall way when I asked if she had everyone. Personally when at that center you count the child at the door and then count the center at the door to go outside which would have been Kathy's part there and she would have noticed then and then once again count them at the fence before letting them run to play, if that had been followed through she would have noticed that the child was not there before even going outside.

[Preschool/daycare teacher]

I am so sorry that you are going through this! I may not be getting everything, but if I'm understanding this correctly, it looks to me as if the fault would be with whoever took your place in your class. If you had already left the room, the children's care would then be in the person's hands who took your place. It doesn't matter that you asked her if she had everyone since you were all ready out of the class, the responsibility was no longer your's. She should have counted them. She led them outside and not you, right? Technically, if they want to go into the nitty gritty details, your class was over ratio for however long it took the other teacher to lead them outside. So in that case the person who told you to leave your class (and told you it wouldn't be over ratio since they were going outside) could also be in trouble. But that's beside the point.
It doesn't matter, but I'm just curious. Why did you have to leave your own class to take over someone else's, meaning someone else had to take over your class? Wouldn't it have made more sense to have whoever took your place to go to the infant class? If that had been the case, you would have been with your own class and would have counted them to be sure you had everyone, just like you usually do, I'm sure.
As for legal advice, I really don't know what to tell you. As one poster suggested, I'd get a lawyer asap. How can they call CPS on you for leaving a child unattended for a short time?! That is not a child neglect issue. You have no history of child neglect, I'm assuming. Ugh, one of the reasons I wouldn't want to work in a center. They can accuse a teacher of whatever they want and it would probably be believed. Without proof, though, I don't know how they could progress any farther with this. You even have someone who backs up your story... Do they have anyone who vouches for their's?
Please keep us posted. I really hate that you have to go through this. This would be like my worse night mare!

[Unregistered]

Thank you! You understand completely what I meant. I already actually emailed the head director for that county of DSS. The Rhonda lady will support them, since she is the one who said to leave the class out of ratio since they were going outside.
Since digging around since I was deathly scared I would lose my job over this, come to find out that NC has blocked anyone from looking or getting in information from their child abuse/ neglect registry unless it is court ordered. The only way it can stop you from doing anything or show up on your records use for jobs and education is if the parent's press charges.
I am still calling a lawyer monday morning and also calling the dss director. Even though this will do no harm unless parents press charges I want my name cleared.

It does not make sense to move teachers like that but Kathy did not have SIDS and I do.

[jen]

Thing is I was walking down the hall way when I asked if she had everyone. Personally when at that center you count the child at the door and then count the center at the door to go outside which would have been Kathy's part there and she would have noticed then and then once again count them at the fence before letting them run to play, if that had been followed through she would have noticed that the child was not there before even going outside.

Ok...so as I understand it:

1. You and Kathy were both in the room, you were the lead teacher she is a floater there to assist you.

2. You were told to leave and go to the infant room and Kathy was to take the children outside, per the Administrator/Director, despite the fact that once you left the room Kathy would be out of ratio.

3. You left for the infant room, all the kids were in the room with Kathy at that time.

4. Kathy took the kids outside, you were not a part of that procedure and all the kids were in the room with Kathy when you left. Kathy failed to count.

5. Kathy left one of the kids in the room and then asked you where the child was. She was not normally in this room and didn't have experience with this group of children. As you are the lead teacher and familiar with the kids you went to find the missing child.

Did I get everything correct?

It sounds to me as though a better administrative decision would have been for the director/administrator to have you assist Kathy in getting the kids outside, then head to the infant room. However, as I understand it, this is not the call that she made. As I understand it, all the children were in the room when you left, and the administrator was aware that she had you leave the room with inadequate staff. It thats the case, regardles as the fact that they'd be back in ratio once they were outside, the administrator would be at fault. She should never have had you leave the room understaffed.

I think that she is using you as a scapegoat for her mistake.

[SilverSabre25]

Ok...so as I understand it:

1. You and Kathy were both in the room, you were the lead teacher she is a floater there to assist you.

2. You were told to leave and go to the infant room and Kathy was to take the children outside, per the Administrator/Director, despite the fact that once you left the room Kathy would be out of ratio.

3. You left for the infant room, all the kids were in the room with Kathy at that time.

4. Kathy took the kids outside, you were not a part of that procedure and all the kids were in the room with Kathy when you left. Kathy failed to count.

5. Kathy left one of the kids in the room and then asked you where the child was. She was not normally in this room and didn't have experience with this group of children. As you are the lead teacher and familiar with the kids you went to find the missing child.

Did I get everything correct?

It sounds to me as though a better administrative decision would have been for the director/administrator to have you assist Kathy in getting the kids outside, then head to the infant room. However, as I understand it, this is not the call that she made. As I understand it, all the children were in the room when you left, and the administrator was aware that she had you leave the room with inadequate staff. It thats the case, regardles as the fact that they'd be back in ratio once they were outside, the administrator would be at fault. She should never have had you leave the room understaffed.

I think that she is using you as a scapegoat for her mistake.

Ditto.

I also think that you need a lawyer, ASAP, and that it's an absolutely ridiculous commentary on our society that a child left alone in a (presumably--the classroom ought to be perfectly safe) safe location for 25 minutes, is considered neglect and abuse.

[countrymom]

I agree with the above posters, i think the administrator was in the wrong and needed someone to pin the blame on. Did the other person get the same letter, also do you have policy and procedures on hand, because you need them and go over them.

[QualiTcare]

The letter is from DSS... The case worker called me I called her back 5 times because I believe I am in no wrong and she never returned my call nor heard the side of my story

I had talked to cps before and was told I was not at fault

I typed up the whole situation Here it is.. removed last names

On October the 13th it was a normal day at Early Beginnings. When Shuanna was to leave Kathy came to take her place. Kathy is not normal to the two year old rooms she use to work in the 3 year old room and then was made a floater.
At one point Rhonda (Who was acting Administrator, does not have the schooling to be this anyways) told me to go and let Heather leave for the day in the Infant 3 room. I told Rhonda that we would be out of ratio since we had 13 children and the ratio for 2 year olds is 9:1. She responded saying that since we were heading outside Kathy Lowery would be fine since the other 2 year old room was out which would make them in ratio for 3 teachers.
The children were already lined up at the door I told them to walk to the door in the hallway which heads outside once Kathy came out of the room I asked if she had everyone and she said yes, turned around looked in the room and shut the door as I was walking down the hallway to the Infant 3 room to allow Heather to go home. 25 Minutes later Kathy stuck her head in asking where Gabriel was, I said with you. She said he was not outside and that she would double check. Then I opened the door and told her to check in-between the castle and the fence since Gabriel sometimes would hide there, she told me not there.
I immediately grabbed Rhonda and told her I had to check and see if he was in my room, the second she stepped in I ran out so I do not even think that she realized what had happen. Once I walked in the room I saw Gabriel standing in the housekeeping center playing the with keyboard. I picked him up and made sure he was alright and he was perfectly fine. I took him back through the infant 3 room and passed him to Kathy through the door. I then told Rhonda that he had been left in the room alone.
At 5:30 pm I was pulled from the Infant 3 room to the office by Farrah. In the office there was Tammy, Farrah, Kathy and I. Kathy and I were told that we were both fired for leaving Gabriel, and that he was a family friend to her and she looked at him as one of her children and can’t imagine that this happen. In shock I did not say anything, but was told I could be escorted to collect my belongings from my classroom and then also be escorted out of the building.
The person that was present in the Infant 3 room and will attest to this statement is Renee.

okay, maybe i'm slow, or not good at interpreting run ons - but that bolded part does not sound to me like "kathy" ever entered the classroom, but took over at the door.

I told them to walk to the door in the hallway which heads outside

yes, she should've counted before going outside (and it sounds like she was held responsible too), but in all honesty - if you count before walking into the hallway and you're watching them walk - people fudge that count all the time. still, she was held responsible and should've been.

i'm not seeing the part where you shouldn't be? you said they should be counted before leaving the classroom and that *you* told them to walk to the door in the hallway that leads outside. so, you were present when that count was neglected, correct? if so, i don't see how the admin. could NOT fire you if she was firing the other girl too.

do you sign in and out when you enter and exit a room? if so, and you had signed out at 12:00 and the count to leave the room was done at 12:02 then you couldn't be held responsible bc she would have been in charge.

[Unregistered]

We count at the classroom door. When I counted I had all the children I double checked to also make sure that all the children were counted on the hourly count sheet. Then I walked out and as the children were walking to the door as kathy was in the door frame I asked if she had everyone and there she said yes and looked in the room and then closed the door.

I do not see how I am in trouble for the fact you can see in the video of the school where the child runs away after I am out of the room and where he is hiding when kathy glanced over the room.

[DCMomOf3]

I do not see how I am in trouble for the fact you can see in the video of the school where the child runs away after I am out of the room and where he is hiding when kathy glanced over the room.

That is something you never menioned before, the video capturing what happened. When you call an attorney, tell them of the video. You may still be held accountable, but if there really is that evidence, you need to get a copy to a lawyer.

[kendallina]

Ok...so as I understand it:

1. You and Kathy were both in the room, you were the lead teacher she is a floater there to assist you.

2. You were told to leave and go to the infant room and Kathy was to take the children outside, per the Administrator/Director, despite the fact that once you left the room Kathy would be out of ratio.

3. You left for the infant room, all the kids were in the room with Kathy at that time.

4. Kathy took the kids outside, you were not a part of that procedure and all the kids were in the room with Kathy when you left. Kathy failed to count.

5. Kathy left one of the kids in the room and then asked you where the child was. She was not normally in this room and didn't have experience with this group of children. As you are the lead teacher and familiar with the kids you went to find the missing child.

Did I get everything correct?

It sounds to me as though a better administrative decision would have been for the director/administrator to have you assist Kathy in getting the kids outside, then head to the infant room. However, as I understand it, this is not the call that she made. As I understand it, all the children were in the room when you left, and the administrator was aware that she had you leave the room with inadequate staff. It thats the case, regardles as the fact that they'd be back in ratio once they were outside, the administrator would be at fault. She should never have had you leave the room understaffed.

I think that she is using you as a scapegoat for her mistake.

Yeh, I agree with this exactly. Kathy should never have been left out of ratio and because she was left out of ratio, Gabriel was missing. It is not your fault and the director is absolutely using you as a scapegoat.