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Of Butchers and Bakers and Candlestick Makers....
Contributed by :
Pamela Rowse, R.N, of The Kierra Harrison Foundation for Child Care Safety
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Note : This article is the second installment, in an ongoing
series on the Child Care Industry in the United States. Each article in the series builds
upon the previous installment. Part 1 of this series
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The Providers/Licensing:
Forty-nine (49) states (exception Maryland) allow day-care providers to care
for four (4) or less children without processing a license. Acceptable
child/provider ratios vary considerably with many states allowing as many as
twelve (12) children, including infants, per care giver. I know of no
individual that has sufficient physical capacity to safely care for twelve
(12) children at one time. Just reference the book written by the mother of
the sextuplets in Iowa....that will give you great perspective.
Even in the states where extensive background investigations are completed
for licensing, the picture is grim. FBI investigations on the average take
ninety (90) days to complete. However, in some instances, they have been known to
take up to one (1) year. Licenses in most states are issued within days or
weeks of the application without any knowledge of the actual convictions and
crimes that may be on record against an individual. A classic example of this
type of failure occurred in Las Vegas in 1994. In December of 1993, a Las
Vegas man applied with the Las Vegas Metropolitan Police Department for a
Child Care Work Card. This gentleman failed to list a 1976 conviction for
"Lewd and lascivious acts against children". This information was finally
obtained in December of 1994 through the FBI background check. His card was
revoked, but only after he had a year of exposure in a day care setting and
other children.
In Clark County child care work cards and licenses for day
care are issued to applicants known to have criminal records. This often occurs if the
convictions are more than five (5) years old, or are for certain nonviolent
offenses. In February of 1995, a woman in Clark County applied for a Child
Care Work Card with a 1980 conviction of attempted murder of a store clerk.
The woman shot the clerk during a dispute that arose when the victim would
not fetch a case of warm beer from the back of the store. The woman had in
addition attempted suicide in 1990 in the presence of police officers. In
March 1995 her card was revoked and an appeal letter submitted for review and
re-issuance. The Director/Owner of "Smart Start" Day Care where this woman
was working submitted a reference letter on her behalf. When interviewed by
the Las Vegas Review Journal regarding the incident the woman stated:
"I didn't know it was that grave," (referring to the murder conspiracy
conviction) "I believe the safety of the kids should come first," she
continued. "But by the same token, if a person has committed a crime and has
paid for the crime, I don't believe the person should be stigmatized for the
rest of their life."
Stigmatized? No, I think anyone would agree that to be an
unfair position. On the other hand, should individuals of this caliber be allowed to care
for our most precious resource? I think the majority of parents in the United
States would say "NO". Although these incidents are local, they occurred in
an area that is at least attempting to screen. With many states not even
utilizing the system currently available to assist in licensing, the National
implications are horrifying.
State Child Abuse Registries refuse to share information
from state to state. This result is that a convicted child abuser can move from one
state to another, establish licensure for child care and perpetuate their
carnage. Unsubstantiated charges against individuals are rarely tracked and
are not registered with the state registries. The case of Kathy Greene in
Windsor Connecticut is a classic example of this.
Investigators for the Raegan McBride case found multiple
complaints of child abuse logged over a 14 year period of time. Accounts of bruises, cigarette
burns, dislocated arms and vicious threats against children, all allegedly
perpetrated by Greene. One boy in Greene's care told investigators that
Greene had thrown him against a washing machine because he had wet his pants.
In 1992 a social worker involved in Greene's case stated "I would not place a
child at Ms. Greene's again," stating that the woman was unable to control
her "rage for authority and power over children". Ms. Greene remained in
business five (5) more years, until Raegan's death.
Unsubstantiated charges, charges without conviction,
never registered in the State Child Abuse Registry and yet this woman was "licensed", sanctioned
by her state and county to "injure, maim and even kill". This incident occurred
in a state with some of the most stringent day care regulations on the books.
Personal rights and the rights of privacy have been
listed as the reason for "non-action and nondisclosure". My question to anyone would be,
"Where are our children's RIGHTS" being protected?" Parents trust that their state and
local officials will provide a "SAFE HABITAT" by regulating and licensing the
people providing child care. We have learned that this is not the case nor
can it be as long as laws, regulations, and enforcement of those laws and
regulations is substandard.
In Nevada, where individuals seeking employment in
the gaming industry must obtain a "gaming card" criminal background checks are scrutinized closely.
Individuals with histories of convictions for larceny, fraud, embezzlement,
and bad checkwriting are excluded from positions that would put them at risk
for repeating violations. Some of the casinos have even started requiring
"credit checks" to ensure that potential gaming employees are not in a
financial situation that would put the "casino money" at risk. Prospective
employees applying for positions at "The Test Site" undergo extreme scrutiny
before a position is offered. Where is this same scrutiny for our children?
Mandatory drug testing is nonexistent in the
"day care industry" and yet, bus drivers, healthcare workers, Olympic and professional
athletes as well as teenagers applying for positions as video clerks are required to submit to
drug testing prior to employment and "the big game". Who's testing our day
care providers?
An American citizen's "Right to Privacy" is inherent,
but when we choose to enter into any realm where other people's "rights" could be jeopardized by
our actions and behaviors and those rights are believed to be ensured by an
individuals licensure or certification, that is where our "Right to Privacy"
should end.
Individuals licensed by their states as cosmetologists,
require approximately 1200 to 1500 hours of training to perform their tasks. A minimum of a high
school education or a GED is mandated to even enter cosmetology school. As a
general rule, there are no states or counties that require a minimum
educational level to obtain a "day care license" and the average required
training is between three (3) to fifteen (15) hours. Most states do not even
mandate this be completed before the license is issued. In our country you
can be fairly comfortable with the thought that the individual doing your
nails or your hair is at least "trained" in his/her field. The same level of
comfort does not exist in the day care industry.
Although ignorance of child care standards does not
negate accountability "neglect", failure to ensure practice of current standards continues to occur
in our "wild west" system. Knowledge of acceptable practice requires
continual updates of changes in available information. A classic example of
"current standards of practice" and failure to adhere to a "higher" standard
of care presents itself with the Fiedelholtz case. The American Academy of
Pediatricians has taken a stand on the positioning of infants during sleep.
Supine positioning has been shown to increase the incidence of SIDS (Sudden
Infant Death Syndrome) and is "NOT" recommended in the care of infants.
Jeremy Fiedelholtz was found dead, lying face down in a pool of vomit and
blood after only two (2) hours of care in his day care center. The woman left
in charge of this infant was not qualified to be there, was there alone with
thirteen (13) children instead of (6) which the center was licensed for and
knew "nothing" of the "standards of practice".
Fear of lost wages, employment, and hardship haunt
parents in this day and age. Reporting of serious concerns regarding the appropriateness of
behavior and occurrences by day care providers is stifled due to genuine apprehension
that their lives could be financially and emotionally impacted by inquiry and
investigation. Few young American families have the luxury of existing with a
single income and even fewer have the financial resources to facilitate
change.
Now think about the money issues, we have home licensed day care
providers complaining about a mere $150 for an inservice update (remember 65% of our kids are
in home licensed day care today) Let's look at the financials. These numbers will frighten you.......
Most of the families seeking day care are paying on the
average of $80 to $125 a week per child. Now, take that figure and multiply it with the
number of kids that home day care providers can care for......
- 4 children........$320 to $500 a week.....$16,400 and $26,000 a year
- 6 children........$480 to $750 a week....$24,960 and $39,000 a year
- 8 children.........$640 to $1,000 a week....$33,280 and $52,000 a year
- 10 children......$800 to $1250 a week....$41,600 and $65,000 a year
What other profession do you know of will give you the
same return on no education, or continuing education? None that I know of. As
a nurse, I spent over $20,000 on my basic education to have the opportunity
to take my state boards (which I paid for) and spend two grueling days
getting my license!!! When I finished, I was truely afforded $3.85 an hour. Now,
of course that was back in 1974, but think about it! To this day, I pay
approximately $100 an hour for the continuing education units that are
required for me to relicense and that doesn't count AHA CPR
certification, AHA Advanced Cardiac Life Support Certification, AHA
Pediatric Advanced Life Support Certification or any of the other basic
requirements to perform my job. 30 hours in 2 years 3,000. I make $45,000 a
year. A far cry from the $65,000 a year that some of our home day
care providers are making and who are entrusted with our most precious
resource, our babies! I endure a grueling background
check; finger printing, state department of justice, FBI and other
scrutinizing, just to get my license! I am subject to random drug
testing and continual performance improvement and quality assurance reviews
for my performance.
I realize that the child care providers who are hired
by centers are only making just above minimum wage. That needs to be changed,
particularly with the current state of available funds, but not until
the regulations change. When a child care worker applying for a
child care work card in the state of Nevada can get that work card with over
10 felony convictions, then we will always have "trouble in river city
my friends".
This is only the "exposed point of the ice berg"
Everything and anything that comes across your scope pertaining to regulation
or licensing must be scrutinized. Everything that smacks of "children's
legal rights" must be scrutinized, and action taken. Remember $20.7
billion in funds, federal funds, and a projected budget excess next year
after the proposed tax break of nearly $100 billion that will be
squandered on "non profit foundations" doing frivilous research on cognitive
issues regarding day care. Let's get them out of day care alive and to
their second birthdays, and then talk about fluff.
We are licensing Day Care Providers and Centers,
a license by virtue of it's definition is:
WEBSTER's UNABRIDGED DICTIONARY:
- a formal permission to do something; especially, authorization by law to
do some specified thing, as, license to marry, practice medicine, hunt, etc.
- a document indicating that such permission has been granted. 3. freedom
to deviate from strict conduct, rule, or practice, generally permitted by
common consent; as poetic license; and instance of such deviation. 4.
excessive, undisciplined freedom, continuing an abuse of liberty
Ahhhhhhhh an "abuse of liberty." Does that phrase ring a bell?
Well since by constitution, our children have "no liberties" or protection under
the law, it will be safe to say that a license to provide day
care is in and of itself a license to "abuse liberties".
Let's look at definition number 3. Freedom to deviate
from strict conduct, rule or practice. Wow, anyone see that happening???? We
aren't talking about minuscule numbers here. Remember, as I have quoted,
over 350 children die in day care every year, and those estimates are low.
Definition number 1 and 2 are pretty self explanatory.
The expectation is that "those with a license will have the ability and potential for providing
the service" and in most circumstances that is true. It's
playing Russian Roulette in this environment. I know that there are
loving and caring day care providers out there, but there are no checks and
balances that mean anything.
Licensing in and of itself.....carries with
it a "quality stamp" The American Public equates "licensing" with monitoring, controls,
quality checks and rechecks and EVEN guarantees that the individual that received that license
has been reviewed and scrutinized by their licensing agency. What the
US has successfully done is "licensed our day care providers to KILL!
Collection of day care statistics regarding injuries and deaths is basically
non-existant, only 20 some states even track it, and of those only 2
states, TX and MA, track it with any statistical accuracy. If you apply
the statistics of those two states to the per capita population across the
country there are a minimum of 350 children that are "KILLED" each year in
child care! Of course this doesn't account for critical injuries.
Excellent and loving child care providers have refused
to step up to the plate and help to regulate their own profession, much like physicians in this
country. Their primary focus has been their lack of support for legislation
mandating continuing education as in the Washington State fiasco last year
where 150 providers stormed the state capital steps protesting a law
mandating hours. Last year this posting was found on one of the child care
provider lists:
"I am a licensed childcare provider in California, and
have a predicament concerning a provider I met "online" who, by her own admission is operating
her childcare facility illegally in a manner which I fear may be putting
children at risk.. Specifically, she is married to a convicted sex offender
who, she says, is not supposed to have any contact with children. Because of
this, she stated that she could not/did not obtain a childcare license. In
other words, this offender is in all probability violating terms of his
parole AND in contact with children, in an unregulated, unlicensed facility."
This woman was chastised by the "other" providers on the
list for even broaching the subject of reporting this crime.
A report from the National Center for Health
Statistics, identified 6,170 cases of child abuse reported nationally with the child
care provider identified as the abuser. A study done by the University of
Colorado in 1997 revealed that of the group of toddlers studied with
identified Abusive Head Trauma almost 18% were inflicted by their day care
provider. When is it going to stop and when can we consider it safe to judge
a "license" as meaning review, scrutiny and investigation?
A state audit of Colorado's childcare system found
several deficiencies that shocked lawmakers in the spring of 1999.
Among the findings:
- Twenty child-care providers with criminal records -- including child abuse
and murder -- slipped by state background checks between 1994 and 1997.
- More than a dozen day-care providers were reported drunk on the job.
- The state was at least three months behind in inspecting a fourth of the 721
day-care providers with the poorest records.
- The botched checks so alarmed lawmakers that they demanded an immediate
review to see if any of those 20 people are still in the day-care business.
"It should make us cringe," said Sen. Tilman Bishop, R-Grand Junction,
chairman of the legislative audit committee. "It's an eye-opener, and it's a
red flag."
Deputy State Auditor Joanne Hill said the 20 people with
criminal backgrounds were found when her staff ran names through the state Judicial Department's
Integrated Colorado On-line Network. They may be day-care providers or living
in a day-care home.
The 20 were not detected in background checks conducted by the
Colorado Bureau of Investigations because that agency's database does not include
information on convictions nor does it include all arrests, auditors said.
Hill said it didn't take auditors long to get the 20 names of people
"convicted of serious crimes, including misdemeanor child abuse, domestic
violence, driving while impaired, drug offenses and 14 felonies, ranging from
forgery to murder."
Remember our system is in crisis, children are placed in jeopardy every day
at the hands of individuals that we as parents assume are safe because they
are licensed! When a 8 year old can be taped to a chair in her child
care center in Omaha Nebraska for 8 hours with her arms strapped over the
back of the chair because of "behavior problems" and nothing is done to
sanction the center, there is a crucial quality and safety issue
brewing. When 5 day care centers can operate with children at risk for
lead poisoning and all of them experiencing rates 40% higher than the
national standard, we are in crisis! When 5 children in day care can
die from strangulation in a portable playpen that has been recalled by the
CPSC we are in critical need of federal mandates and regulation. When a two
year old can die from being crushed under 800 lbs of snow and ice because the
day care owner and operator moved a safety fence to allow for more square
footage for additional children in her center and only face charges of
failure to comply with mandated reporting laws, the situation is grim.....
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Please join us next month for the third installment of this series on child care entitled
"All The Kings Horses and All The Kings Men". This segment will explore the
current legislation, and the massive amount of denial on the part of legislators; White House
and Local representatives (not to mention child care licensing systems, CPS
organizations and state legislators.....!!!)
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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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