Featured Article
Death In A Daycare(c)
Contributed by : Pamela Rowse, R.N, of The Kierra Harrison Foundation for Child Care Safety
On March 5th 1997, my 14 month old grand-daughter Kierra Ashlie Danielle
Harrison died following a two day battle to survive a fatal skull fracture
sustained while in the care of licensed day care provider Alicia D.Wegner in
Las Vegas Nevada. Kierra had been in Ms. Wegner's care only two (2) weeks
when we received the frightening phone call that she was being rushed to the
local emergency room. Kierra never regained consciousness and succumbed to
her injuries that were outlined as equivalent to a fall from a second story
window onto concrete. As Kierra laying fighting for her life, which was not
to be granted, I made a promise to her to do everything in my power to
prevent this from happening to another child.
Ms. Wegner was charged with Murder by Child Abuse and indicted by the Clark
County District Court Grand Jury for those charges. In the days that followed
Kierra's death, we painfully learned that Ms. Wegner had been issued her
"license" by the Clark County Child Care Licensing Office in spite of
previous charges of child abuse against her for her own children two (2)
years before.
The shock of this revelation spurred me to initiate a full-scale
investigation into the process of child care licensing and the results proved
to be devastating. As a registered nurse, I have committed my life to meeting
the Healthcare needs of people for the last 26 years, what I learned about
the state of child care licensing in the United States terrified me.
Furthermore, it activated an inherent drive to take action and protect others
from suffering the same or similar trauma that
my
family and I were forced to endure.
"More Tragedy"
Awareness has traditionally spurred cognition. Since Kierra's death the trail
of child care tragedies has opened and poured forth with stories of grief and
pain and horror. The implications and occurrences are national and have no
socio-economic boundaries. Investigations by
U.S. News and World Report
uncovered 76 confirmed deaths in child care in 1996 and this was with only
50% of the states documenting statistics and the process for that statistical
collection was not scientifically established.
In Texas where they recently revamped their reporting system and do collect
detailed data, twenty-two (22) day care deaths and 134 serious injuries were
reported for 1996. By taking the actual deaths in Texas and Massachusetts,
who also does detailed reporting, and projecting them on the per capita
population nationally, the number would be between 240 and 320 per year. When
the national statistics for all American kids between the ages of one (1) and
four (4) dying from accidents is compared to this number the picture becomes
even more terrifying. In 1995 2,260 child deaths were reported and 825 of
those deaths were from motor vehicle collisions alone.
In addition, it is important to remember that these numbers do not even begin
to reflect the children that have been physically and emotionally traumatized
at the hands of their licensed day care providers. One week following
Kierra's death a second child was found to have two skull fractures, one
anterior and the other posterior. The degree of healing found on x-ray
correlated to the date of an incident where the mother had retrieved the
child from the Wegner day care with numerous abrasions and scratches on her
face. The question lies, "how many more were there"?.
The following page
outlines a nail-sketch of the acknowledged and publicized
tragedies, injuries and deaths. This only represents a sampling of the horror that has
invaded the lives of American families following their heart-wrenching decision to enter the
"child care" arena. Lulled into the security that "licensing" means not only
safety, but quality, their mere daily existence has been forever destroyed
from the senseless loss of their most precious beings.
"Background & History"
Child Care has not been historically recognized as an "industry". The process
of caring for children outside of the "home" evolved slowly as the demand for
second incomes increased and mothers of small children were forced to serve
as "heads of household" and "sole providers". In the 1970's less than 50% of
the women in the United States were actively holding positions in the
work-force. That statistic has risen to over 60% in 1997 and is predicted to
be over 75% by the year 2000. This accounts for a devastating 4.6 million
infants, toddlers, and preschool children from every income group spending at
least a part of their day in licensed day care.
With the implemented new welfare reform laws, some 2 million parents (mainly
mothers) formerly on welfare will joined the work force and their children
need care outside the home. Under pressure of welfare reform, many state
legislatures are now scrambling to create new facilities as quickly and
inexpensively as possible. Within three years, three (3) out of four (4)
American women with children under five (5) will be working and need child
care. These numbers are not generated by want or desire to place children in
the care of someone else, but from "need".
"State of the STATES"
Traditionally, the responsibility of "regulating" the child care industry as
fallen on the states and counties. We now know that this approach has proven
to be ineffective in establishing not only "SAFE CARE", but quality care for
our children.
In a recently completed review of day care standards nationwide, the New
York-based Commonwealth Fund, a national foundation working with Yale
University experts, assessed the quality of day care state by state, based on
indicators such as child-adult ratios, programming and care giver
qualifications.
The results uncovered a frightening picture of the state of child care
licensing, regulation and the administration of those regulations nationally.
Of the fifty states, the following was identified:
No state was found to have "GOOD" child care regulations Seventeen (17)
states were found to have "acceptable" regulations Thirty (30) states were
found to have "poor" regulations Four (4) states were found to have &qotno"
regulations in place
With no minimum guidelines or standards to base their regulation development
and enforcement on, states and counties flounder on a daily basis in an arena
where they have no sound expertise. Decisions regarding the day care
licensing process are made with limited consideration as to the ramifications
and repercussions.
Knee-jerk reactions to critical shortages of day-care services such as the
one recently noted in Clark County Nevada, demonstrate the profound lack of
awareness regarding the seriousness of the issues. A growing need for day
care coverage has prompted "The Economic Opportunity Board" to invite anyone
in the valley interested in obtaining a "Home Day Care License" to come into
the office where they will help them with the licensing application process.
In July of this year, the Clark County Child Care Licensing Office was
granted an additional full-time position in an attempt to "fill-in the gap"
in license processing. This position was approved in the wake of Kierra's
traumatic death and the flurry of activity that occurred to correct an
inadequate system for processing and granting of child care licenses. In
spite of the recognized need, the Clark County Commissioners still proposed
legislation mandating licensed day care centers in all of it's casinos. This
was done in an attempt to ease the mounting anger that resulted from the
death of a 7 year old in a casino in Primm NV due to parental neglect.
Passage of that proposed legislation would have added over 400 day care
centers requiring licensing, monitoring and enforcement of already poorly
designed regulations and cause grid-lock in an already over-whelmed licensing
system.
The Nevada State Legislature passed day-care reform this year which provided
tax assistance for employers supplementing employee day care costs. However,
one of the most restrictive of the guidelines is the annual income limit that
was imposed on the "qualified" employee. The assistance only applies to those
individuals with annual salaries of $18,000 a year or less. Nothing in the
legislation addressed licensing or minimum standards in the day care setting,
nor did it address critical safety issues.
In a country where great care is taken to ensure safety and protection
regulations for meat-packing, pesticide controls, endangered mammals, birds,
reptiles, amphibians, fishes, invertebrates and plants, it is appalling to
know that our most precious resource our "children" is over-looked and
dangerously jeopardized. Critical concerns about child care safety have lead
to no action on the part of our federal law makers and enforcers.
Although restaurants are shut-down on a regular basis for even minor hygiene
violations, statistics show that day-care centers in America are rarely
closed. As a standard, licensing authorities work to keep troubled centers
open to prevent gaps in child care coverage. The case of A Child's Place day
care center in Guthrie Oklahoma is a classic example. 415 registered
complaints against the facility prior to little Michael Robinson's death and
the state continued to let them operate. In this case, the statewide
licensing coordinator for the Oklahoma Department of Human Resources stated
her agency had moved to deny the facility its license before the child's
death and were unsuccessful.
By Federal law, violation of the Endangered Species Act of 1973 carries with
it a $100,000 fine and imprisonment of one year for individuals and a
$200,000 fine for organizations. Christine Schwartzberg, the licensed
provider/owner of Chrissy's Kids day-care center in Plantation Florida, was
fined a mere $100 for her numerous day care regulation violations resulting
in Jeremy Fiedelholtz's death. It is impossible for any rational, or
semi-intelligent individual to draw a correlation between the penalties for
the destruction of the American burying beetle and those for the death of a
three month old child. In addition to the penalties imposed, the Endangered
Species Act mandates the following provisions:
- Protection of critical habitat (habitat required for the survival and
recovery of the species
- Creation of a recovery plan for each listed species.
Where in this country do we see even a fraction of this kind of effort being
taken to protect our children?
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