Originally Posted by DBug:
Yeah, this case worries me a great deal for that reason -- mandated reporters are screwed. Whether Tammy Larabie should have claimed her two week's pay (which was in her contract) is beside the point. Whether or not she sent letters or texts to the parents is also beside the point.
What it all comes down to is the precedent of someone being penalized for making a report to the CAS. I really think the judge should have just called it even on both sides - no money to Larabie (since they figured she voided her own contract with the whole smoking thing), and no money to the parents.
It doesn't bode well for future cases, that's for sure!
I belong to several other child care forums (2 of them predominantly Canadian) and have learned a lot about the differences between CAS in Canada and CPS in the US but I also learned that a majority of providers in not only her area but all over Canada do not support her and feel
her actions are a terrible injustice to LEGALLY unlicensed child cares.
I disagree that she was penalized
for reporting.
I believe she was penalized for how she handled the entire situation
beforehand.
I believe that she did not see eye to eye with the parents and may have been "worried" about the child but not to the point that she should have called CAS.
I do NOT think her concern was that dire or genuine.
I think that the provider and the family were not a good fit and the provider
and parents had issue with each others behavior(s).
I think the provider called CAS to protect herself not because she was truly concerned about the child.
I believe that is why she lost and why the family was awarded monetary damages.
Had she called because she was truly and genuinely concerned about the child, I do not believe she would have lost.
Originally Posted by DBug:
Whether or not she sent letters or texts to the parents is also beside the point.
I think that was the catalyst in the decision making process.
The letters she sent AFTER the parents withdrew from care are her ONLY proof that she was concerned about the child.
The text messages between the mother and the provider told the story. How many times have you been concerned about a kid, and continually pushed the parent to do something about it or you mentioned it every single time you talked to the parent?
Why would ALL the text messages between them be void of ANY concern?
Don't you find that odd?
If the provider was TRULY concerned or concerned enough to call CAS, why isn't there a single mention of any concern in the day to day back and forth texting?
No e-mails presented, no memos? letters? daily behavior sheets? WHERE was the providers concern?
I find that disturbing.
I've called CPS on a couple families before. Some of them turned out good and some not so good but every.single. one of the families I called about had files with TONS of notes, memos, little post-its and pictures of all the reasons I called.
There was SO much documentation
before I called that I find it impossible to believe this provider didn't have a single piece of proof that she was concerned. (hence the letters)
FWIW~ I'm not trying to argue with you or anyone else about this, I just feel passionately about being a mandated reporter and what that means.
and....I love these kinds of debates...law was my first love.
Before I found myself submerged in curriculums, handbooks, schedules and oh yeah, and all the kids.
