Termination Gone Wrong

[Guest]

Hi. I am new here. But I needed a place to find support for my Daycare. Glad I found this forum. Frist a little background. I have not received my license yet. I applied 3 months ago. CA is slow. I got a call two days ago to set up my inspection and it is in just a couple of weeks. But I have started caring for children due to financial reasons. I know it is not good, but not feeding my four kids was worse of the two.

Here is my issue: I had to terminate care of a child and the termination went horrible. The reasons I terminated care are because the dck is 10mths and very needy. He has been sick for 3 weeks and the mom just kept bringing him. He had a very bad ear infection. One of my children is a 9mth old baby. I had reservations about taking on another infant but the DKM really wanted me to take him since she couldn't find good care other places.

After 2 mths in my care it became apparent to me that I couldn't provide the care this child needed and still care for my own children. He was in my care for 50-55 hours per week. With school starting and sports I want to move my daycare to more parttime children. I have twins that are here 2 days a week and are gone by 1:30 or 2:30 everyday, and another 2 year old here only 3 days a week.

The dck I terminated had caught roseola and hadn't been here for three days so I called on Friday to give them a two week notice. I offered them a refund on the three days they missed to soften the blow.

The mom showed up to my house yelling, ranting and cussing. Said horrible things and said she was going to report me to licensing.

I had a feeling she was unstable. Now I know she is. Now I have this sick feeling that licensing is going to show up at my door. But I have already applied I have everything ready. All I need is the inspection. I am wondering how bad it is going to be?

Also, I am worried that the DKM is going to create other problems. Being so new at this I am a little freaked. She threw a piece of folded up paper at my face after barging in my house. What am I exposing my family to?

Any words of advice would be great.

[Zoe]

What are the regulations in your state about taking in kids when you're unlicensed? Were you over the allowed number of children? Because if this dcm reports you it might be a problem for you becoming licensed.

If you are following the rules, then I would call your licensor and tell him/her about what is going on. Sometimes when a parent is terminated they want to "get revenge" and make false claims about you. Giving the licensor a heads up will help you out. Tell the truth about what happened.

[nannyde]

If I'm understanding you correctly you have been operating an illegal day care and are in the process of getting licensed to do legal care.

If that's correct then you have to understand that clients who are willing to hire illegal child care are going to be clients who you have a TON of problems with. You can't have it both ways.

You can't operate illegally and draw in all clients who will behave properly, parent well, and treat you and your home with respect. It isn't going to happen.

So you took the risk and the inevitable happened. Now you will have to answer to licensing before you even get licensed.

The best advice I can give is to be honest with the licensening and take whatever sanctions you have to take.

[mom2many]

I just looked up the Ca regs regarding operating w/out a license. It states that if the Dept. has reason to believe that family child care is being provided w/out a license, the agency shall:

1. Conduct a site visit to determine if this is true and if continued operation will be dangerous to the health and safety of the children in care.

2. Notify the unlicensed provider in writing of the requirements for such licensure.

3. Issue a Notice of Operation in Violation of Law if it is found and documented that continued operation of the family daycare home will be dangerous to the health and safety of the children. Situations endangering the health and safety of the children include, but not limited to:

(A) Evidence of physical or mental abuse.
(B) Children left unattended or left with a minor.
(C) Clear evidence of unsanitary conditions.
(D) Fire safety/fire hazards.
(E) Unfenced or accessible pools or other bodies of water.
(F) Hazardous physical plant.

4. Issue of Notice of Operation in Violation of Law if the unlicensed provider does not apply for a license within 15 working days from the date of notification.

The Dept. shall have the authority to issue an immediate civil penalty pursuant to Section 102393 and Section 1596.891 of the Health and Safety Code which provides:

(1) A person who violates Section 1596.80 of the Health and Safety Code may be liable for an immediate assessment of civil penalties in the amount of $200 per day.

(2) The penalty specified in Section 102357 shall be imposed if the operator of an unlicensed facility refuses to seek licensure or the operator seeks licensure and is denied but continues to operate.

If I'm understanding all of this correctly, I believe since you have already applied and are just waiting on your inspection, they might not implement a fine or shut you down, as long as you pass all of the Health and Safety requirements and have everything else completed...CPR and Health and Safety courses completed.

[cheerfuldom]

I think you should call the licensor and just get going with whatever consequences you may face. As for what this mother did, it was uncalled for but to be honest, you broke the rules and you can't ask for others to follow the rules when you aren't. I understand having to feed your family but you should have figured something else out....now you have to face whatever consequences are there. Nanny is right, you can't expect to find families that respect authority if you yourself are not doing that. This mom was wanting her and her child to be the exception to your rules, but weren't you doing the same thing to the state of CA? Hopefully you learned your lesson and are able to move forward. Its hard starting a daycare and I definitely feel for the predicament.

[Growing1atime]

Yes I have everything ready for licensing. I have my CPR & First Aid, Health and Safety Class. I have completed the Live Scan background check. I have the earthquake kits ready to go. My house is completely safe. They could come today and do an inspection and I would pass. I wish they would!!!

I know I am operating illegally. I took that chance. I guess I didn't really think about it in terms of the type of parents I would get. The other two parents of the kids I have in my care are GREAT! They appreciate everything I do for their children. I think I just have to stock this up to a hard lesson.

[Growing1atime]

I think you should call the licensor and just get going with whatever consequences you may face. As for what this mother did, it was uncalled for but to be honest, you broke the rules and you can't ask for others to follow the rules when you aren't. I understand having to feed your family but you should have figured something else out....now you have to face whatever consequences are there. Nanny is right, you can't expect to find families that respect authority if you yourself are not doing that. This mom was wanting her and her child to be the exception to your rules, but weren't you doing the same thing to the state of CA? Hopefully you learned your lesson and are able to move forward. Its hard starting a daycare and I definitely feel for the predicament.

If I understand you correctly you are saying I deserved to have someone storm into my home with my own children here and have them act the way they did because I offered care for her child with out a license. That suggests that by having a license your childcare is some how safer, better. What does a license really do? They don't monitor your care. They don't monitor your contracts or your menu's or your schedules. My neighbor has had a licensed daycare for 5 years and they just came to her house for the first time a month ago they were there for one hour. They checked to make sure she wasn't over capacity, that she had proper paper work. That was it. How does that have anything to do with the types of parents you get.

I was hoping for more help on how to handle scary dcm's & dcd's but I can see I am only going to be made to feel less than. Really nice forum.

[mac60]

Seriously, because a person is an unlicensed provider does not mean they are a magnet for bad parents/families. In our state you don't have to be licensed, I have in 12 years only ever had 1 family ask if I was, and the dad piped up and said what does it matter, what matters is the person caring for our child. Until you have been in a situation where you had to choose to do something to buy food for the table, or let your kids go hungry, and the big one, waiting for the gov't entities to get off their duff and do their job, none of us have the right to judge others. I know someone right now who has been working on getting licensed/registered for more than 1 year, and everytime she turns around, there is 1 more thing. It is rediculous. This person came for advice, not to be badgered.

[countrymom]

maybe someone will post during the week day, most of us enjoy some kid free time on the weekend (ok, I held a yard sale) most people who get upset, say things they don't mean. I would keep everything you have, any phone messages from the dcm or email messages. She's angry and she's taking it out on you. I would wait for a few days till dcm cools her lid and becomes level headed.

[Unregistered]

I do not agree with anyone deserving this! I also don't agree that being unlicensed means you are setting yourself up to take on horrible clients like this. I was not licensed when I first started my daycare and had excellent and considerate families. One family had both parents whom were doctors and they scrutinized everything, but were extremely happy! The interesting thing was that many parents didn't even care. They knew that being licensed didn't really ensure the quality of care their child was receiving. Look how many states don't even require a license for a certain number of kids in a person's care! I'm not saying its okay to break the law and not follow regulations, but I also don't think anyone who is merely waiting to get things finalized has crossed the line and deserves this type of feedback.

[countrymom]

Seriously, because a person is an unlicensed provider does not mean they are a magnet for bad parents/families. In our state you don't have to be licensed, I have in 12 years only ever had 1 family ask if I was, and the dad piped up and said what does it matter, what matters is the person caring for our child. Until you have been in a situation where you had to choose to do something to buy food for the table, or let your kids go hungry, and the big one, waiting for the gov't entities to get off their duff and do their job, none of us have the right to judge others. I know someone right now who has been working on getting licensed/registered for more than 1 year, and everytime she turns around, there is 1 more thing. It is rediculous. This person came for advice, not to be badgered.

I agree!!!!

[Unregistered]

Ahhh Nannyde - Once again the voice of authority. Or of "badgering". I've never had a parent ask if I am registered. (I am.) I've only had wonderful parents. But somehow magically if I weren't, they'd all be less wonderful? Could you maybe sometime try to actually help the people who are asking questions instead of being so judgmental and so quick to make broad statements which may not even apply to the original question?
OP - I wish you all the best. Hope everything works out well for you.

[cheerfuldom]

I did state that I felt this DCM's behavior was uncalled and did sympathize with your predicament. However, I personally am a big believer in karma. Thats just my own personal thing. I hope you stick around because this forum is very helpful at times but its important to remember that when you put your situations out there for critique or support, you can't control what others will post back. I stand by what I said and you are welcome to disregard it. As for how to avoid crazy parents, there is no full proof way. You did mention you had sort of a bad feeling about this parent so I would say, definitely go with your gut at interviews. You don't have to have a clear reason in order to say no, you don't want them in your daycare. Thats the joy of running your own business. Try a trial period (should be outlined in your contract). For me, if it is not working within two weeks, its not going to work and I go ahead and term them. In my experience, time almost always makes things worse, not better. It depends on the issue but in general, that is how I feel. Again, hope you get this figured out and get your license quickly. Normally, you can attract a higher quality family when you are abiding by the rules and finding families that respect that fact. Good luck!

[sharlan]

I'm afraid that you aren't going to find much sympathy. What you did was illegal, and sadly you are going to have to pay the consequences. It is up to your inspector, but the fines can be up to $200 a day.

Having that paper is more important for your protection than it really is for the parents. When my kids were little, I used both licensed and non licensed, neither one was better than the other.

IMHO, it just wasn't worth it for me to risk it. It took me 5 mos to get my license. My home was ready for inspection, fingerprints were filed, classes taken, etc. the day I turned in my paperwork. I called and told them I was ready for inspection and it still took another 3 mos.

DSS WILL come knocking on your door within 10 days (I believe) of the call. They will not give you any warning. Make sure that your home is spotless and everything is absolutely perfect. Make sure that you have all the proper paperwork complete and signed. Make sure that your roster is complete and updated.

Some of the inspectors are lax, others are hardnosed. I've dealt with both.

[nannyde]

Ahhh Nannyde - Once again the voice of authority. Or of "badgering". I've never had a parent ask if I am registered. (I am.) I've only had wonderful parents. But somehow magically if I weren't, they'd all be less wonderful? Could you maybe sometime try to actually help the people who are asking questions instead of being so judgmental and so quick to make broad statements which may not even apply to the original question?
OP - I wish you all the best. Hope everything works out well for you.

Well at least you can give me that I was CORRECT on the last licensing conversation we had friend.

Are you suggesting that your parents don't have any way of finding out if you are registered without asking you? You don't use that to advertise?

You have only had wonderful parents? How long you been doing this unregistered?

My answer was too broad? Here: I'll be specific: If you are operating illegally as soon as you give a parent a NO they will use the fact that you are illegal against you.