|
Remember the nursery rhyme "Humpty Dumpty"??......and all the kings horses
and all the kings men....couldn't put humpty together again. Well, as
painful as it is, no one can ever put our babies back together
again either. No one can mend the broken hearts or open wounds of a trust in a system that failed
No one can replace the lost moments of pleasure and love that the death of a child
leaves, but we can "fight" to prevent other babies from suffering the same
outcome! We can "rally" the "King's Horses and Men" in our
battle. We can bring to the table the strongest of offenses in our war
against abuse, neglect, and unsafe child care licensing conditions by
educating, lobbying and securing the understanding and support of our
nation's law makers and legislature.
I believe and support the postion that the majority of day care providers are
kind, loving and nurturing people, with the sole intent to supply a healthy
and safe environment for our children. When statistics demonstrate that a
minimum of 350 children die every year at the hands of the licensed day
care providers who should be protecting them, however,something needs to be
done.
Licensed Child Care Providers, by virtue of their "license", a governmental
sanction that is perceived as quality, safety, monitoring, standards, and
guidelines, should be a safe haven to take our children. If they are
"LICENSED" they should be qualified, trained and safe. There shouldn't be
any question about what they have been trained for, who they are or what they have been
scrutinized for. Tragically, they aren't, and they never will be until we make "changes" in the
minimum standards for licensing, education and training for these most critical individuals
This must occur at a national level.
Licensing in and of itself, carries with it a "quality stamp". The
Public equates "licensing" with monitoring, controls, quality checks and
rechecks. It is assumed that this EVEN guarantees that the licensed individual
has been reviewed and scrutinized by their licensing agency! By providing no
consistant monitoring system, the U.S. has essentially licensed
our day care providers to KILL! As discussed in the previous articles of this series:
- Collection of day care statistics regarding injuries and deaths
is basically non-existant.
- Only 20 some states even track these statistics
- Of those that track the statistics, only 2 states, TX and MA, track it with any statistical
accuracy.
- Even the American Trauma Society and the Atlanta Center for
Disease Control, do not have tracking systems in place to identify the point
of injury or death at a child care center or home.
- On a national level you can currently identify the time, date, location, type of vehicle,
mechanism, EMS response, hospital response, surgeon response, and approximately 50 other
data points for the motor vehicle accident that occurred in your
neighborhood, but you can't tell if a critically ill child was picked up
at a day care center in this country!
How high does the body count have to go? Day Care/Child
Care Providers need to be targeted. This is a "GROUP" we can
actually do something about! As quickly as possible! We can change their licensing
parameters and exclude the individuals that should not be anywhere near our
children! Doug Barasch in his article in Redbook
Magazine (December of 1998) states that "fortunately this type of tragedy is
RARE". He didn't listen, nor did he investigate the current state of
the states. It isn't rare and the tragedy is happening every
day. Parents aren't responsible here, licensing regulations
are! Until we are all ready to pull up our boot straps and
fight it will continue.
There is an article that was printed in the San Diego Tribune in April 1998, in the wake of
the Suzanne Johnson and Manjit Kaur Bausta child care provider trials that says a great deal
about our system. It's entitled "Who Cares About Day Care?". Mr. Rowe makes a
startling comparison about the amount of monitoring and compliance comittment
given to Water Resources, Gas Station Pumps, Prisons, Dairies and
Restaurants, but not Day Care Providers. Even Tattoo Parlors are inspected more
frequently than day care centers!
In October of 1997 when I had not been able to secure an invitation to the
First Annual Symposium on Quality in Child Care....a packet was hand
delivered to the White House....outlining the current state of the states and
our initial suggestions for impacting the
trauma....(http://www.kierraharrison.com/clinton.html) This packet was also
delivered Federal Express to the members of the Senate SubCommittee on Health
and Human Resources who had sponsored the CIDCARE bill as well as numerous
Nevada political figures. In January of 1998, when Clinton introduced the
National Child Care Act at his State of the Union Address, sections of our
packet were quoted, and yet none of the regulatory issues were addressed.
Continued monitoring of Federal Legislative activities has disclosed nearly
33 pieces of Federal Legislation addressing child care, but not a single one
addresses National Guidelines for licensing, monitoring or regulation. Those
bills that also address Federal Child Care Instillations, attempt to
implement stringent review, but they fail to include the general population
in their regulations.
The bills include everything from tax exemptions for consumers and employers
of consumers, to the providers themselves. The $20.7 billion requested is
primarily earmarked for child care cost subsidies and those are geared to the
very low income financial brackets. The only stipulation outlined in any of
the bills, is that the State must be able to show that they haven't lowered
their licensing standards since 1995! Now let's just take a small
example.....subsidies and title XX monies are being distributed to the State
of California Child Care Licensing Board. By State Law...their child care
referral agencies can recommend child care providers who are not licensed.
This means if someone is operating a home day care center and has less than 4
children, meaning they don't require state licensing, they can get referrals
for those openings without any application fees, inspections, monitoring or
meeting of even state minimum guidelines....a fine example for the
distribution of federal funds....
Let's look at the employer subsidies, those pieces of legislation indicate
that monies are only available to employers for employees who take their
children to providers who are not "living" in the facility in which they are
providing the care.....this means "Centers"....and eliminates approximately
65% of the day care in the country.
There was an attempt with the Julia and Jeremy Bill to regulate Nationally
the responsibility, and accountability of providers. But since there are no
Federal Licensing Regulations, they were forced to default to those "centers"
who have interstate commerce dealings....the large interstate national
centers..only...!
On July 17, 1997, Senator Jefford's Committee, Labor and Human Resources met
to discuss the submission of Senate Bill 1037 "CIDCARE" Creating Improved
Delivery of Child Care: Affordable, Reliable and Educational
(S.1037/H.R.2213). The proposed legislation is a substantial start to
creating an environment for a nurturing child care system. It provides for
incentives for groups, agencies, states and counties to move forward in the
evolution of a very infant industry. The one thing that the CIDCARE Bill does
not provide for however, is the guarantee that minimum standards will be
required by "ALL" states and counties who issue licensure, accreditation, and
certification to "Day Care Operators". The Bill reads under
SEC.2.DEFINITIONS.:
The term accredited child care center means - a center that is accredited, by
a child care credentialing or accreditation entity recognized by a State, to
provide child care to children in the State (except children who a tribal
organization elects to serve through a center described in subparagraph (B)).
The monies being allocated by the CIDCARE Bill can only be used by
"accredited child care centers", but who is making the determination about
the standard for "accreditation"? We already know that as of 1996, a full
year after the standards date outlined by the current legislation, only
seventeen (17) of the fifty (50) states have what are considered to be
"acceptable" regulations and standards. This accounts for only 34% of our
nation's day care center licensing agencies. The cause of this disparity is
the "non-existence" of minimum "federal guidelines or standards". Without a
quality standard to guide and mold the program development at the state
level, the industry will continue to flounder and more children's lives will
be at risk.
Furthermore, by allowing the term "accredited" to be attached to licensed
providers, you instill an even greater level of confidence regarding "SAFETY"
by the parents utilizing those services when in effect you have changed
nothing.
Child Care in this country is in "CRISIS"....CRITICAL CRISIS and until the
general consumer population is willing to accept that and is willing to speak
up and do something about the legislation necessary to correct it.....we will
continue to flounder......!
Because "licensure, accreditation, and government sanction" mean something to
the American public, changes in the current status of "Day Care Licensing"
must occur. Although the cognitive and educational foundation of a day care
curriculum is important, if we are unable to keep our children alive as well
as physically, emotionally and spiritually intact during their stay in "day
care", none of our well-intended efforts are worth the investment. Listed
below you will find some of the minimum regulatory standards that the Kierra
Harrison Foundation has proposed as an amendment to the federally funded
pieces of legislation to secure some measure of safety in the child care
licensing arena. This amendment would mandate the adoption of these
standards, if the states, counties and municipalities were to be made
eligible to receive any federal funding ear-marked for child care or child
care subsidies.
The formation of a permanent Senate Committee - "The Child Welfare Committee"
to achieve the following:
Development and enactment of a "National Child Care Program". This program
would be based on current expertise in the industry and create minimum
guidelines and standards for day care operation. This should include (but is
not limited to) child/provider ratios, environmental and equipment standards,
curriculum and educational standards, licensure application and review
standards, monitoring requirements, reporting processes, 911 response
guidelines, emergency first aid and CPR training requirements, education
requirements for directors, owners, aides and others involved in the system,
up to and including testing of the essential materials and ongoing mandatory
inservicing to relicense. Special steps need to be taken to insure that "safe
and non-recalled equipment is used in the homes and centers as well as "safe
and inspected potentials for danger, such as "fire hazards, appropriately
vented dryers and appliances, etc.....Accreditation for any center or
provider would only be granted if this program's standards were adhered to.
Provide ongoing guidance and education for State, County and local agencies
responsible for the licensing process nationally as well as the over-seer for
the distribution of the Federal Child Care Funds.
Development of a Federally funded "National Data Registry" for use by local
and state licensing agencies to review the substantiated and unsubstantiated
child abuse charges against individuals applying for "child care licensing"
and "child care work cards" This should include a process for monitoring
unsubstantiated charges for abuse. The tracking and trending of suspected
abusive behavior needs to be completed. A process for automatic suspension of
a provider's license should be considered pending investigation of child
abuse charges or any criminal offense by an individual with a current
accredited license. In addition, national e-codes would be implemented at all
receiving sites for statistical collection of point of pick-up for child care
homes and centers.
Develop a mandatory standardized method for investigating criminal background
checks that provides for "nation-wide" investigation of potential provider
criminal records. This system should not be cost prohibitive for licensing
agencies and completion of the checks should be mandated before licenses are
issued. This portion of the guidelines/standards should include "mandatory
exclusion" from licensure for certain criminal offenses. Special provisions
could be made for psychological testing in the event someone with a
suspicious background chooses to apply for day care licensing with a
documented history. This would allow for equity regarding the rehabilitative
potential of individuals. Mandatory drug testing at the time of licensure and
randomly after that.
Development of a statistically sound system for tracking and trending
"occurrences" in day-care nationally to include: Deaths, injuries,
complaints, regulation/accreditation violations and to trigger mandatory
follow-up by officials when a pattern is noted to develop.
Provide for education and training for law enforcement agencies nation wide
regarding the day care industry and need for enforcement of regulation.
Automatic 911 triggers mandating law enforcement response to a "licensed day
care center" 911 calls. Develop a method of granting "enforcement power" to
all individuals employed by and working under the auspices of
licensure/accreditation.
Mandatory liability insurance coverage for all licensed homes and centers.
Develop an educational campaign for parents regarding child care,
accreditation, and safety. This program should begin with hospitals and
organizations providing pre-natal education to parents. Printed materials
should be made available for the basic steps necessary in selecting a "safe
and sound" day care provider. A 1-800 hotline should be established for
questions and answers, reporting, and verbalization of concerns regarding
"Day Care Centers/Homes". This would allow a more consumer oriented system
for day care evaluation and selection.
Develop a child care center/provider rating system much like our current
system for rating restaurants....licensed centers/homes that meet and perhaps
exceed the minimum standards would receive an extremely high rating, allowing
parents to make the determination of what is best for their child.
Although the trigger for my investigation in the Child Care Industry is a
personal and tragic one, the result and outcome of my research is the same,
the industry is in crisis. Millions of children are put in jeopardy daily as
they enter the hallowed halls of Day Care Centers/Homes. Unknowing and
trusting parents, believing that the "licensing system" is protecting them
continue to rely on the existing structure . Tragically, many of them learn
that they are not protected nor will they ever be with the current lack of
minimum standards.
With over 9,000 saved federal and state documents, files and websites I have
the resources to identify the issues. I am willing to share each and every
file and interpretation with anyone who is interested. Until we join forces
to educate and pursue the law makers of our nation the trauma will continue.
I am listing here some current and informative sites that will provide
invaluable information regarding the state of child care in not only the U.S.
but in your own locations. With the immediate issue of "supply and demand"
looming in the faces of our elected officials, the tendancy will be to push
through legislation to increase supply regardless of the consequences.
Dumping of massive amounts of federal $$$$'s into state and county systems
that can't be labeled safe now, will only compound the problems.
For Many Children, Nowhere to Go
http://search.washingtonpost.com/wp-srv/WPlate/1999-09/19/186l-091999-idx.html
CPSC Staff Study of Hazards in Child Care
http://www.cpsc.gov/library/ccstudy.html
BabyCenter/Home Daycare: How Much Will It Cost?
http://www.babycenter.com/refcap/6041.html
State Child Care Profiles
http://nccic.org/statepro.html
NAEYC Accreditation: Accredited Centers
http://www.naeyc.org/accreditation/center_search.asp
Individual States' Child Care Licensure Regulations
http://nrc.uchsc.edu/states.html
|