CA Providers I Need Your Advice

[lovemy3littles]

I live in California and just had an unannounced visit. I have a pool which is fenced. I also have a 3 tier fountain that is also fenced, with a lock. My analyst "suggested" I place rocks in each tier. I questioned this as it is behind a locked fence. She said it is just precautionary. However, "suggests" is so vague. I don't think it's fair to suggest interpret regs on a suggestive basis. It makes it wide-open for us providers. I interpreted the regs that the water source has to be inaccessible to children. This is what I did, but am still being provided additional requests.

[Unregistered]

Thank you everyone for all your help. I do plan to appeal. I am gathering all the info I need to send in and I can't find anywhere in the rules where it says the water needs to be supervised at all times. Can someone please direct me to that rule?

I have never had to appeal and the info state gave me on what to do is very unclear. I would appreciate some info on what I should write who do I address it to. I feel they don't give this info to make it harder to appeal.

[Blackcat31]

Thank you everyone for all your help. I do plan to appeal. I am gathering all the info I need to send in and I can't find anywhere in the rules where it says the water needs to be supervised at all times. Can someone please direct me to that rule?

I have never had to appeal and the info state gave me on what to do is very unclear. I would appreciate some info on what I should write who do I address it to. I feel they don't give this info to make it harder to appeal.

The only links provided in this thread are the following two:

http://ccld.ca.gov/res/pdf/CCUpdateFall2014.pdf

This one ^^ is dated 2014

https://ccld.childcarevideos.org/child-care-center-operators/bodies-of-water-regulations-in-child-care/transcript/

This one ^^ is dated 2016

There are a couple members on the forum from California that could/would be a good source of info for you but you will need to register in order to have access to private messaging. If you register, I can PM you the contact info to the members that may be able to offer you some additional assistance.

[sharlan]

Thank you everyone for all your help. I do plan to appeal. I am gathering all the info I need to send in and I can't find anywhere in the rules where it says the water needs to be supervised at all times. Can someone please direct me to that rule?

I have never had to appeal and the info state gave me on what to do is very unclear. I would appreciate some info on what I should write who do I address it to. I feel they don't give this info to make it harder to appeal.

TO MY KNOWLEDGE (and I have been proven wrong before) it is not specifically written that way. It is one of those famous gray rules that you are supposed to know by osmosis. Contact your local agency and ask to speak to your advocate. They are SUPPOSED to be there to help you. Fight it. I wish that I had fought my citation because a class A looks bad when people look it up.

[spedmommy4]

Thank you everyone for all your help. I do plan to appeal. I am gathering all the info I need to send in and I can't find anywhere in the rules where it says the water needs to be supervised at all times. Can someone please direct me to that rule?

I have never had to appeal and the info state gave me on what to do is very unclear. I would appreciate some info on what I should write who do I address it to. I feel they don't give this info to make it harder to appeal.

The regulations on all types of pools are in Title 22 regulations

http://www.dss.cahwnet.gov/ord/entres/getinfo/pdf/fccman.pdf

Page 37

It only references one time use and supervision of children.

Information about appeals

http://childcarelaw.org/wp-content/uploads/2014/06/Know-the-Law-About-Appeals-and-Complaints-to-Child-Care-Licensing-Program.pdf

This information was pretty detailed. Hope it helps!

[Unregistered]

Thank you Spedmommy4 that was a big help. I mailed my appeal yesterday now I wait!

[Unregistered]

I received a letter today from State and I won my appeal!

Thank you everyone for all your help.

[Blackcat31]

I received a letter today from State and I won my appeal!

Thank you everyone for all your help.

Awesome!! That is great to hear! I am glad you decided to fight it! It sounds like sometimes it IS worth it! happyface

[spedmommy4]

I received a letter today from State and I won my appeal!

Thank you everyone for all your help.

That is fantastic!

[sharlan]

Congratulations!

[MarinaVanessa]

That's fantastic!!
I'll have to tell my provider friend. She appealed her "body of water" violation last week (different scenario but similar circumstances) so she'll be happy to hear there's hope.