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"And All the King's Horses and All the King's Men"
Contributed by :
Pamela Rowse, R.N,
of The Kierra Harrison Foundation for Child Care Safety
More in this Series
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

Please join me next month as I present my final installment in this series entitled, "And Justice for All".....in the final article I will outline the "judical injustices" that the families of victims are forced to deal with and once again be victimized by. Our children need protection under the law as stringent at the protection afforded the endangered species list....perpetrators need to know that committing a crime against children is as serious as "injuring or maiming the Spotted Owl or American Burying Beetle".......!
Submitted by:Pamela Rowse, R.N. - Spurred by the tragic murder of her 14 month old Grand daughter, by her licensed day care provider, Pam has applied 26 years of nursing experience to a 26 month search for answers and data regarding the child care industry today.
     In October of 1997, Pam took their campaign to the White House and in January of 1998 the "National Child Care Act" was introduced by the Clinton Administration without licensing and enforcement regulations.
     This issue has taken her to the National Media...with appearances on MSNBC Issues Live, Geraldo Rivera, Maury Povich, and U.S. News and World Report.
     Pam has recently been appointed to the National Advisory Council for the Shaken Baby Alliance, will be functioning as a member of the newly formed Nevada Women's Leadership Council. She continues to work closely with families in all states who are having difficulty with criminal and civil investigation, prosecution and processing of child care injuries and deaths.



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