Unfair Licensing Visit- Need Advise Pls

[shanesmomm]

I need help on some concerns and questions I have in regards to a conflict of information between my daycare provider and the employee who conducted her last site visit. I have been using her services for my son, Shane, for almost a year now. Upon her last site inspection she was written up for 4 violations (One was for 1 broken latch on a 10 latch jacuzzi, justified) but it just seemed that he was so annoyed for being kept waiting that he was looking for something to nail her with. Then she was holding my son in her arms (my son is scared to death of strangers, he is 15 months and going through through that stage) when this man was in the house my son was freaking out and crying... the worker said she was holding a girl (?) FALSE and that she put duress on him, my son for her yelling (NOT TRUE). I truly believe that there is a bit of a power play going on and it bothers me as I trust the state to have the best interest of my child at heart, not to use personal feelings when dealing with providers. I understand there are two sides to the story but the information he provided in regards to deficiency four were false.

He was super mad for her not answering the door (she couldnt hear him) and her husband was in the garage with the door open!!

I am going to be accompanying her to this next meeting and I am concerned about the bias. I am finishing up my last semester in law school and I am all about being fair and unprejudiced when it comes to things like this, I have to be when working in Law Enforcement. Any help I can get would be great!!

[youretooloud]

I think this happens often. I also feel like it's a power thing too. Every state has different rules. I get annoyed when someone made a new rule, but they didn't bother to tell us.

I get written up all the time too.. but, not four at once.. and they are always justified, like no plug cover, or no paper towels, or hot water heater too hot.

But, I have a friend who was just written up because there are citrus trees in the front yard, and they have THORNS on them. Well, all citrus trees have thorns.. and why is it her problem if the parents let the kids touch the thorns? And, why do kids need SO much protection from themselves that we can't allow them to find out why touching thorns is not a good idea?

Apparently whoever is inspecting can make up rules as they go along, and it's up to the provider to disprove it.

[Crystal]

California Child Care Advocate....mediates issues like this.

http://ccld.ca.gov/PG491.htm

[Meeko]

In 20 plus years of child care, I have only had one licensor appear to be out to get me...but I know it happens. My advice is for every provider to read and re-read her state rules until she knows them inside and out. I always had perfect inspections and one day the new licensor showed up and wrote me up on 4 violations too. She wouldn't listen when I told her she was wrong. I contacted state HQ and they recinded each and every one of the so-called violations and had a "training moment" with the licensor. Never be scared to stand up for yourself!

I read over the rules regularly and change or put right any tiny thing I think may be out of compliance. It saves so much time and nerves later down the road! The last 7 years have been 100% compliant with the rules.

In a training classI went to, the instructor told us to make sure we know the rules. If a licensor tellsus something we dn't think is right, we should immediately say "Please show me that in the rules manual" If they can't....then then can't write you up.

[blueclouds29]

I've worked in daycare for about 10 years. (3 different daycares due to moving a lot) Anyway, it seems they will NOT give out a 100 %, that they HAVE to find something to complain about. Once i had background music playing in my classroom, Ummm a 'no no' apparently. The music is a distraction from the kids. I never got a 100% and my room was always done by the rules. and it was always something so stupid the marked me off for. *sigh*, glad that's over, now I'm unlicensed watching 3 kids.. That's more like it to me! LOL

[Meeko]

I've worked in daycare for about 10 years. (3 different daycares due to moving a lot) Anyway, it seems they will NOT give out a 100 %, that they HAVE to find something to complain about. Once i had background music playing in my classroom, Ummm a 'no no' apparently. The music is a distraction from the kids. I never got a 100% and my room was always done by the rules. and it was always something so stupid the marked me off for. *sigh*, glad that's over, now I'm unlicensed watching 3 kids.. That's more like it to me! LOL

I guess each state is different....but here they cannot write you up on ANYTHING that isn't clearly written in the rule manual. I'm glad, because letting a licensor make up their own minds is horrible!

[spud912]

I used to work in the regulatory field (did some inspections at child care centers also), and I can tell you that every inspector is different. You will have some inspectors who are more laid back and will let things slide, but the next inspector will bend the rules and write things that are not very reasonable and/or not really a violation. It all depends on the inspector's supervisor to catch things that were out of line and many times the supervisors overlook or don't catch errors. It is unfortunate and we spent a great deal of time brainstorming how to create more uniformity, and there is no easy solution.

I found it very interesting to go from a field that was regulated, to being a regulator, and then back to being regulated. Many of the rules are created because in theory, it sounds like a good idea; but some are just not practical when it comes to real life scenarios.

The only thing I would suggest is to maintain good communication with the regulator and ask at every inspection if they plan on or have changed any of the rules recently. Also, know the code book and address a violation with the inspector's supervisor when it cannot be found in the code book. Many regulatory offices will hold public meetings when they undergo major changes and it is important to attend and voice your opinions! I can't tell you how many public meetings we had where almost nobody from the industry would show up.