I was not using these boards when this occurred - so not many of you have heard about this. I wrote about it, during the Judge Judy situation - but never made a post about it. This is long, but I am trying to include all details.

Earlier this summer we had a new DCG, who was 6 months old. DCM gave us a few problems, but nothing major - mostly payment issues. She was very ditzy when it came to policies and payment. i.e. paid for the month on a Monday, and on Tuesday asked me if she needed to pay again that day.

DCG was in an exersaucer, and the bigger kids were bouncing a basketball sized rubber ball in the room. It hit the bouncer that DCG was in, but she didn't seem alarmed or distressed - and seemed to be enjoying watching the big kids play. She woke up from her afternoon nap around 3:05, while on the changing table I noticed her eye was a little red underneath, (I took a picture) and ee talked amongst ourselves, and decided it must have been from the ball hitting her (she was also learning how to crawl, so we acknowledged the fact that she may have bumped her eye on a toy - but never alerted us that she was hurt). We went on with our day as usual, and when mom came at 5:35, I showed her the eye (which looked the same as it did at 3:05) and told her about the ball - and that it could have been from crawling also - but that the ball was the only incident that happened to her today - we spent about 4/5 min talking about it. Mom remarked that it looked like a little hickey and said "things happen, its okay". Now I did not fill out an accident report, because it was such a light mark and I really thought nothing of it. My mistake - I know, I know.

The next day at 1:00 pm, DCM texts, and asks "Do you have any idea what happened to DCG's eye ?". So we immediately called her, and asked "didn't we speak about this yesterday ?" She says "yes, but you were a little inconsistent. And now she has two black eyes and abrasions. We asked her to send a picture, because that wasn't what she looked like yesterday when she left. The picture never came. A little communication back and forth, us suggesting that maybe it was an allergic shiner ?!? No response from mom.
my comments: I wasn't inconsistent, I offered another theory since she was learning to crawl, and could have easily bumped her eye on a toy leaving a faint red mark. She had NO abrasions on her face when she left. Abrasions cannot just appear. And it is 20 hours later, and you are just now concerned ?!?

Then came her texts... summarized, they said "I will no longer be bringing DCG to your daycare. I took her for her 6 month checkup, and the Dr. says the abrasions are from hitting something. I don't believe anything bad happened, but since no one can explain to me how this happened - you must not have been watching her close enough. I will pick up her things tomorrow". We responded with, "We told you how this happened at least 3 times. We both witnessed the ball hit her, so all of our eyes were on her. We wish you the best of luck with your future childcare".

The weekend passes, and on Monday our DHS worker and someone from child welfare show up to investigate abuse (since there was a mark on the child) and supervision (since mom said we can't explain her bruises).

We showed them the picture of DCG, each gave statements in private (which once we were finished and given our copies - all said the same thing - since it was the truth). We printed out copies of the text conversation, which show us mentioning that she was hit by a ball (DCM forgot to mention that we had any explanation at all). I could see them were shocked to see that we had proof, that we explained the injury to her mother.
"My thoughts: I can only vouch for what the child looked like when she left daycare, and you have seen a picture of that. I can't be held responsible for what she looked like 20+ hours after leaving daycare. I am not making any assumptions about anything that happened since leaving daycare. But that is not out of the realm of possibility for something to happen under a parents watch, and then have them blame daycare."

Child welfare investigation comes back 4 months later, and says we are cleared of abuse charges.

Today, almost 6 months later, our DHS complaint paperwork comes back and says the complaint of supervision is substantiated. Because child has received an unexplained injury while in daycare. Along, with a "plan of correction" to fill out.

We placed a call to our DHS monitor today, with no call back so far. We have a thousand questions... How can it be "clearly proven" that we were not correctly supervising her, when two adults were in the room with her, and saw the ball hit her ? Our daycare is a 700sq foot sunroom, and the children only leave that room to sleep. So two people are always in that room - therefore if you are in the daycare you are supervised. How can you prove the injury occurred at daycare, when I have a picture of what she looked like when she left daycare - and it is not consistent with the injuries that presented a day later ? And even if we were to accept this decision, I don't understand what in the world we would write for a "plan of correction" ?? SHE WAS CORRECTLY SUPERVISED, I can't think of a darn thing I would do differently.

Obviously there is an appeals process, but Oklahoma DHS is incredibly difficult to stand up against. But I literally don't see how it is possible to say "there is clear evidence" based upon the information we gave them. We had clear, reasonable, and honest explanations for everything. Our current families could care less about what this decision says, they know, trust, and love us and our reputation tells more than this decision ever could. So on that front, it doesn't matter. But to accept this decision, when it clearly not made on fair grounds, is hard to swallow. And if we accept this as substantiated, what if something does happen that is a real issue and involves supervision in the future ? I don't want the fact that we already have one strike on our record to come back and bite us, in the event that there is a real noncompliance with DHS.

If I left anything out, please ask - instead of jumping all over me. Chances are I have an explanation..

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That is just awful.

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I am really sorry you are having to deal with this. I really have no advice. I could end up in a similar situation though. I had a child bite another child on the face a couple of weeks ago. I was in the room when it happened but did not see it with my eyes, only saw the bite mark when I heard crying. But in my state the rule is we have to be able to see and/or hear the kids at all times so I think I am okay. Do you have a rule like that?

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Yes, we have a rule like that. My DHS monitor told us that they were going to/had changed to to having to be able to see them at all times. However, the handbook says see/hear - so that's what I go by (since half the time I know the rules more than my monitor). But even at that, we both saw it. Which is why I don't understand how I could write a plan of correction, and say how we will do it differently... Four eyes in the room... Both were looking at the child when the ball hit the exersaucer. So how does that violate being able to see the children ? I mean that rhetorically, but you can see how that would be frustrating - and that's exactly what I want to ask DHS.

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I don't have any advice either, sorry.

I do think you are right in wanting to talk to someone about it first and have it all explained. I believe I read on here some time ago that agreeing to/signing off on something like this was the same as admitting you were in the wrong, so find out what it all means first.

I'm so sorry this is happening...

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I would appeal this. I would NOT stand for something to be placed on my public record when it is innacurate, damaging to my reputation and threatening to my ability to sustain my business.

Sit down, write out EVERY detail....the incident and the conversation with Mom, as well as the follow-up texts and conversations. Also write up an injury report with a note on it about it being after the fact. Get, in writing, from anyone who witnessed the ball bumping the child, a statement of EXACTLY what they witnessed. Then start the appeals process.

If you can afford it, get an attorney. If you cannot afford it, the local courthouse should have a self-help law library that you can access to help you with your case.

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That's awful, I'm so sorry. A week after I began my daycare I was investigated for improper supervision for no good reason (long story short = crazy dcm). Luckily they found it unsubstantiated but I was devastated and heartbroken just the same. And despite the fact that it was nothing, I still have to have the letter that licensing sent me in my notebook for parents to read, saying that we had an investigation, but it was unsubstantiated. Not really something I would want to see at a potential daycare for *my* child. So I kind of know how you feel, and I still have that thought in the back of my mind every day.

I would wait and talk to your licensing consultant and ask what you should have done in that situation. I mean, people can have daycares without an assistant, and there is no possible way to keep your eyes on every child all day long. Besides the physical impossibility, the dc provider will occasionally need to use the bathroom or prepare food, etc. Some parents, I tell ya. Kids will be kids, accidents happen. What can you do.

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Actually, I believe our daycare insurance will cover attorney's fees. I need to look at that part of the policy. I actually have every detail already from the last investigation. All of it was copied and turned into them. My only hesitation, is they have already seen, heard, & have statements of everything I would be gathering, is is going to make a difference the second time around ?

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I know you know ... I feel your pain. Sometimes it feels like no one listens to reason anymore.

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I'm wondering if the mom didn't like the answer and started another investigation. As long as you have a paper trail and pictures you should be fine.

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Ugh. This kind of thing is so scary. It makes you want to NEVER admit you didn't know what happened.

If you are going to appeal, do it quickly. You may only have a few days to do that before the appeal is blocked. Check with your licensing regs.

Good luck.

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Blessings and well wishes....it's impossible for things to NEVER happen-it's KIDS and stuff happens to kids.

It seems at times there is an intent to get rid of family child care. I'm such an advocate for FCC. I've also owned a larger group center and so, so, so LOVE family care so much more.

I'm glad you took a picture. I know the licensure people are trying to keep kids safe and I'm sure it's a tough job but this type of stuff is so frustrating and it worries me. Praying all goes well for you.

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That's terrible. I dont know what you could have done differently You saw an incident, told the mom about it, and then said, that was the only incident that ocurred, unless while she was crawling she did something that you didnt notice. Im glad you took a picture, so they can see that the bruising wasnt there when she was picked up.

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