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Daycare Center and Family Home Forum>Supervision/2nd Floor
daycare57 09:16 AM 09-12-2015
CCL cited me for a supervision deficiency for being on the 2nd floor of my home during nap time, when a child tipped over sideways in an infant/toddler rocking chair which was sitting on the carpet. She was strapped in and simply twisted her body to grab her pacifier which she had thrown to the floor, and in shifting her weight to grab it, tipped, sustaining 2 bruises. There is no problem with the actual incident, only that I said I was on the 2nd floor when it happened.
Has anyone been cited for supervision for being on a second floor of the home during naptime? The investigator wrote it up as "refused to supervise by going to the 2nd floor of the home..." although I was in auditory range, then, "when she returned later". Doesn't it sound like I left the house?
Any and all comments are welcome as I just don't think this is fair and want to fight it. Please PM if you'd rather not reply online.
Thanks!
Has anyone been cited for supervision for being on a second floor of the home during naptime? The investigator wrote it up as "refused to supervise by going to the 2nd floor of the home..." although I was in auditory range, then, "when she returned later". Doesn't it sound like I left the house?
Any and all comments are welcome as I just don't think this is fair and want to fight it. Please PM if you'd rather not reply online.
Thanks!
Rockgirl 09:21 AM 09-12-2015
Unfortunately, I doubt you would win if you fought this. Most infant/toddler equipment like this state "Do not leave child unattended", and even if it didn't, it sounds like there wasn't proper supervision. I don't sit in the room the entire time my dck's are napping, but they are on mats on the floor, not strapped into a chair. Not trying to be rude here, but the child was left unattended and was injured. I don't think there's anything to fight.
jenboo 09:23 AM 09-12-2015
Why was a child strapped in a chair during nap time?
Febby 09:47 AM 09-12-2015
What do your state's regulations say about supervision?
auntymimi 09:58 AM 09-12-2015
Originally Posted by jenboo:
Why was a child strapped in a chair during nap time?
Why was a child strapped in a chair during nap time?
daycare57 12:57 PM 09-12-2015
She was 1, new to child care, had only ever been with her mom & grandma. She couldn't/wouldn't settle down and go to sleep when I put her in a playpen, so when she fell asleep in the rocker I let her stay in it, and had done so previously for that reason. Had I moved her to her bed after she went to sleep, she would have woken up and started crying all over again, been there, tried that, didn't work for any of us!
Supervision is basically based on age of child, your experience with child, layout of home, physical proximity & visual and/or auditory awareness.
She was 1, new to the world of children & me, including my home, which is all an open floor plan, I was 15 feet from the balcony that overlooked her in the living room, which means I was clearly in range to hear her. Inspectors have always told me that as long as no door is closed between me & the child, it was fine. I don't live in a large home, about 2100 sq feet on 2 floors. I am not allowed to care for children on the 2nd floor, but nowhere does it say I am not allowed to go there.
Supervision is basically based on age of child, your experience with child, layout of home, physical proximity & visual and/or auditory awareness.
She was 1, new to the world of children & me, including my home, which is all an open floor plan, I was 15 feet from the balcony that overlooked her in the living room, which means I was clearly in range to hear her. Inspectors have always told me that as long as no door is closed between me & the child, it was fine. I don't live in a large home, about 2100 sq feet on 2 floors. I am not allowed to care for children on the 2nd floor, but nowhere does it say I am not allowed to go there.
Play Care 02:16 PM 09-12-2015
Originally Posted by daycare57:
She was 1, new to child care, had only ever been with her mom & grandma. She couldn't/wouldn't settle down and go to sleep when I put her in a playpen, so when she fell asleep in the rocker I let her stay in it, and had done so previously for that reason. Had I moved her to her bed after she went to sleep, she would have woken up and started crying all over again, been there, tried that, didn't work for any of us!
Supervision is basically based on age of child, your experience with child, layout of home, physical proximity & visual and/or auditory awareness.
She was 1, new to the world of children & me, including my home, which is all an open floor plan, I was 15 feet from the balcony that overlooked her in the living room, which means I was clearly in range to hear her. Inspectors have always told me that as long as no door is closed between me & the child, it was fine. I don't live in a large home, about 2100 sq feet on 2 floors. I am not allowed to care for children on the 2nd floor, but nowhere does it say I am not allowed to go there.
Most states have very strict rules about where the provider can be during day care as well as what the children can sleep on/in. She was 1, new to child care, had only ever been with her mom & grandma. She couldn't/wouldn't settle down and go to sleep when I put her in a playpen, so when she fell asleep in the rocker I let her stay in it, and had done so previously for that reason. Had I moved her to her bed after she went to sleep, she would have woken up and started crying all over again, been there, tried that, didn't work for any of us!
Supervision is basically based on age of child, your experience with child, layout of home, physical proximity & visual and/or auditory awareness.
She was 1, new to the world of children & me, including my home, which is all an open floor plan, I was 15 feet from the balcony that overlooked her in the living room, which means I was clearly in range to hear her. Inspectors have always told me that as long as no door is closed between me & the child, it was fine. I don't live in a large home, about 2100 sq feet on 2 floors. I am not allowed to care for children on the 2nd floor, but nowhere does it say I am not allowed to go there.
If what you are saying is true, and your state doesn't have those regulations, you *may* have a leg to stand on. That said, you need to go through your states *written* regulations to make sure that what you say is, in fact, the regulation. I think most providers on here will be shocked because what you are saying you were allowed to do is not allowable where most of us are.
And a lot of times we find some licensors say things are allowed/not allowed when the written regulation is different.
For future reference, children should never be put in any type of "device" (ie swings, car seats, rockers, bouncey seats etc) at naps - and a 1 yo is almost surely too big for most of that type of equipment anyway. In most states only cribs, pack and plays or mats/cots can be used for naps. As you see, they can easily twist about, which causes a strangulation hazard. Thankfully the child only had minor bruising, because it could have been worse.
jenboo 04:00 PM 09-12-2015
Originally Posted by daycare57:
She was 1, new to child care, had only ever been with her mom & grandma. She couldn't/wouldn't settle down and go to sleep when I put her in a playpen, so when she fell asleep in the rocker I let her stay in it, and had done so previously for that reason. Had I moved her to her bed after she went to sleep, she would have woken up and started crying all over again, been there, tried that, didn't work for any of us!
Supervision is basically based on age of child, your experience with child, layout of home, physical proximity & visual and/or auditory awareness.
She was 1, new to the world of children & me, including my home, which is all an open floor plan, I was 15 feet from the balcony that overlooked her in the living room, which means I was clearly in range to hear her. Inspectors have always told me that as long as no door is closed between me & the child, it was fine. I don't live in a large home, about 2100 sq feet on 2 floors. I am not allowed to care for children on the 2nd floor, but nowhere does it say I am not allowed to go there.
I'm almost positive letting a child sleep anywhere but in an approved crib or pack and play is illegal in every state.She was 1, new to child care, had only ever been with her mom & grandma. She couldn't/wouldn't settle down and go to sleep when I put her in a playpen, so when she fell asleep in the rocker I let her stay in it, and had done so previously for that reason. Had I moved her to her bed after she went to sleep, she would have woken up and started crying all over again, been there, tried that, didn't work for any of us!
Supervision is basically based on age of child, your experience with child, layout of home, physical proximity & visual and/or auditory awareness.
She was 1, new to the world of children & me, including my home, which is all an open floor plan, I was 15 feet from the balcony that overlooked her in the living room, which means I was clearly in range to hear her. Inspectors have always told me that as long as no door is closed between me & the child, it was fine. I don't live in a large home, about 2100 sq feet on 2 floors. I am not allowed to care for children on the 2nd floor, but nowhere does it say I am not allowed to go there.
Rockgirl 01:20 PM 09-12-2015
It's very dangerous to allow a child to sleep strapped in a seat. Or to leave them unattended in a seat at all.
Crystal 01:58 PM 09-12-2015
What state are you in?
I am in California. I have a two story home and because I am large capacity, am not allowed to use the upstairs for care. I am also not allowed to leave children unattended while I take a break upstairs while they nap. I am also not allowed to leave a child strapped in to ANYTHING except for during meal times or if they are AWAKE in a swing.
I would not fight this violation. You left a one year old unattended in a rocking chair, strapped in while sleeping. Although it also sounds to me like she wasn't actually sleeping as you said she bent over to pick up her pacifier, which is how she sustained the injury. She should have been properly supervised and she should not have ben strapped in to a rocking chair to sleep.
What have the parents said about it?
I am in California. I have a two story home and because I am large capacity, am not allowed to use the upstairs for care. I am also not allowed to leave children unattended while I take a break upstairs while they nap. I am also not allowed to leave a child strapped in to ANYTHING except for during meal times or if they are AWAKE in a swing.
I would not fight this violation. You left a one year old unattended in a rocking chair, strapped in while sleeping. Although it also sounds to me like she wasn't actually sleeping as you said she bent over to pick up her pacifier, which is how she sustained the injury. She should have been properly supervised and she should not have ben strapped in to a rocking chair to sleep.
What have the parents said about it?
Rockgirl 07:32 AM 09-15-2015
I think this is why the violation will still stand:
Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child’s care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child’s needs. The caregiver must intervene when necessary to ensure children’s safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.
Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child’s care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child’s needs. The caregiver must intervene when necessary to ensure children’s safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.
crazydaycarelady 08:09 AM 09-15-2015
I think the OP has a problem with the wording. I doubt she "refused" to supervise, she was just upstairs, and "came back later" does make it seem like she left the house.
daycare57 10:40 AM 09-15-2015
What kind of rocker advertises as safe for a 1 year old child to sleep in? You must be talking about a rocker that's not a rocking chair and more of a bouncy seat? I've never heard of one made for a child so old. It's also rare for a company to say sonething is safe for sleep (except cribs) these days since its sets them up for liability if a child dies
It is a Fisher Price, Infant to Toddler rocker: From their website: "It’s a reclining infant seat with a fold-out kickstand—great for feeding baby. Adjust the seat upright so baby's movements create rocking motion—with stimulating toys and music to enjoy. For naptime, you can remove the toy bar and switch on calming vibrations. And as your child grows, it becomes a toddler rocking chair!" from the FP website.
I do know how accidents happen: when things are used incorrectly, such as not strapping a child properly in the apparatus, especially a 5 point system which can cause strangulation. I'm not sure how a child strapped in around her abdomen and legs correctly would be able to squirm out. I've never had that happen in my day care, and I've been registered since 1984 and am a mother of a 41 year old son. Carelessness is normally the reason for an accident.
Was the toddlers wishes being considered? She was strapped in a chair which leads me to believe she didn't want to be in the chair voluntarily.
She had already fallen asleep in the rocker, so I let her sleep, she was a year old and "voluntarily"? I didn't put her in there while she was screaming, kicking, saying she didn't want to go.
I would think the rules are quite clear that a child is supposed to be placed in a crib, portable crib or on a mat for rest and that no other device is allowed for sleep.
I am not sure how you are reading the rule to say that an infant must be in a crib at naptime.
However, you were cited for supervision not use of equipment. I think the regulation about a child's right not to be constrained covers this but see how it might not be clear to some.
"• The AAP recommends that the wishes of children, regardless of their ages, should always be respected with regard to physical contact and their comfort/discomfort with it. If a child indicates that he or she does not wish to be held or comforted, even “friendly contact” with a child should be avoided."
Is this what you mean by right to not be constrained? That is not at all what this says, it says that if a child doesn't want to be held or talked to, leave them alone.
You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.
I did hear her cry, just gave her a few minutes to resettle and thought she had when she stopped crying after a few minutes. My point is I could have been on the 1st floor closer to her and she still would have tipped, it was an unforseeable accident.
sleep positioning devices
This means items such as to keep a child in position in the crib, not an apparatus.
I'm not trying to harp on you, just wanted to let you know why anything other than a crib, portable crib or mat isn't allowed for sleep in most states.
And that's why I showed the Minimum Standards for Texas.
It is a Fisher Price, Infant to Toddler rocker: From their website: "It’s a reclining infant seat with a fold-out kickstand—great for feeding baby. Adjust the seat upright so baby's movements create rocking motion—with stimulating toys and music to enjoy. For naptime, you can remove the toy bar and switch on calming vibrations. And as your child grows, it becomes a toddler rocking chair!" from the FP website.
I do know how accidents happen: when things are used incorrectly, such as not strapping a child properly in the apparatus, especially a 5 point system which can cause strangulation. I'm not sure how a child strapped in around her abdomen and legs correctly would be able to squirm out. I've never had that happen in my day care, and I've been registered since 1984 and am a mother of a 41 year old son. Carelessness is normally the reason for an accident.
Was the toddlers wishes being considered? She was strapped in a chair which leads me to believe she didn't want to be in the chair voluntarily.
She had already fallen asleep in the rocker, so I let her sleep, she was a year old and "voluntarily"? I didn't put her in there while she was screaming, kicking, saying she didn't want to go.
I would think the rules are quite clear that a child is supposed to be placed in a crib, portable crib or on a mat for rest and that no other device is allowed for sleep.
I am not sure how you are reading the rule to say that an infant must be in a crib at naptime.
However, you were cited for supervision not use of equipment. I think the regulation about a child's right not to be constrained covers this but see how it might not be clear to some.
"• The AAP recommends that the wishes of children, regardless of their ages, should always be respected with regard to physical contact and their comfort/discomfort with it. If a child indicates that he or she does not wish to be held or comforted, even “friendly contact” with a child should be avoided."
Is this what you mean by right to not be constrained? That is not at all what this says, it says that if a child doesn't want to be held or talked to, leave them alone.
You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.
I did hear her cry, just gave her a few minutes to resettle and thought she had when she stopped crying after a few minutes. My point is I could have been on the 1st floor closer to her and she still would have tipped, it was an unforseeable accident.
sleep positioning devices
This means items such as to keep a child in position in the crib, not an apparatus.
I'm not trying to harp on you, just wanted to let you know why anything other than a crib, portable crib or mat isn't allowed for sleep in most states.
And that's why I showed the Minimum Standards for Texas.
Cat Herder 11:06 AM 09-15-2015
Originally Posted by daycare57:
that's why I showed the Minimum Standards for Texas.
Do you really want to be a minimum standards provider? (rhetorical only, think gym coach pep talk)that's why I showed the Minimum Standards for Texas.
Listen to what these daycare veterans are trying to tell you.
Mats, cots or ASTM approved cribs only, please.
You must be on the same floor with the children during operational hours. Most of us have this same rule.
It is for the best. Really, really.
nanglgrl 11:46 AM 09-15-2015
Originally Posted by daycare57:
What kind of rocker advertises as safe for a 1 year old child to sleep in? You must be talking about a rocker that's not a rocking chair and more of a bouncy seat? I've never heard of one made for a child so old. It's also rare for a company to say sonething is safe for sleep (except cribs) these days since its sets them up for liability if a child dies
It is a Fisher Price, Infant to Toddler rocker: From their website: "It’s a reclining infant seat with a fold-out kickstand—great for feeding baby. Adjust the seat upright so baby's movements create rocking motion—with stimulating toys and music to enjoy. For naptime, you can remove the toy bar and switch on calming vibrations. And as your child grows, it becomes a toddler rocking chair!" from the FP website.
It says in the description that as the baby grows it becomes a toddler rocking chair. To me it's clear that means that the redlining seat can be used to soothe your baby to sleep as an infant but once it's switched to a toddler rocking chair it's not used for sleep it's used as a chair.
I do know how accidents happen: when things are used incorrectly, such as not strapping a child properly in the apparatus, especially a 5 point system which can cause strangulation. I'm not sure how a child strapped in around her abdomen and legs correctly would be able to squirm out. I've never had that happen in my day care, and I've been registered since 1984 and am a mother of a 41 year old son. Carelessness is normally the reason for an accident.
In my opinion this chair was used incorrectly. The squirming could cause it to tip and cause bruises like in your case or could cause entrapment and suffocation if it tips. You've never had it happen...yet..we all have things that haven't happened yet but it doesn't mean they can't happen. I've read numerous posts over the years about children able to squirm out of car seats, booster seats, high chairs etc. You know how it is, you've been doing this a long time, there's always that ONE child.
You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.
I did hear her cry, just gave her a few minutes to resettle and thought she had when she stopped crying after a few minutes. My point is I could have been on the 1st floor closer to her and she still would have tipped, it was an unforseeable accident.
I consider this to be a foreseeable accident, actually I would have seen the danger as much greater than a few bruises. I understand that didn't. I don't understand why you weren't able to see the possible danger but hope after reading all of these posts that you do.
sleep positioning devices .
What kind of rocker advertises as safe for a 1 year old child to sleep in? You must be talking about a rocker that's not a rocking chair and more of a bouncy seat? I've never heard of one made for a child so old. It's also rare for a company to say sonething is safe for sleep (except cribs) these days since its sets them up for liability if a child dies
It is a Fisher Price, Infant to Toddler rocker: From their website: "It’s a reclining infant seat with a fold-out kickstand—great for feeding baby. Adjust the seat upright so baby's movements create rocking motion—with stimulating toys and music to enjoy. For naptime, you can remove the toy bar and switch on calming vibrations. And as your child grows, it becomes a toddler rocking chair!" from the FP website.
It says in the description that as the baby grows it becomes a toddler rocking chair. To me it's clear that means that the redlining seat can be used to soothe your baby to sleep as an infant but once it's switched to a toddler rocking chair it's not used for sleep it's used as a chair.
I do know how accidents happen: when things are used incorrectly, such as not strapping a child properly in the apparatus, especially a 5 point system which can cause strangulation. I'm not sure how a child strapped in around her abdomen and legs correctly would be able to squirm out. I've never had that happen in my day care, and I've been registered since 1984 and am a mother of a 41 year old son. Carelessness is normally the reason for an accident.
In my opinion this chair was used incorrectly. The squirming could cause it to tip and cause bruises like in your case or could cause entrapment and suffocation if it tips. You've never had it happen...yet..we all have things that haven't happened yet but it doesn't mean they can't happen. I've read numerous posts over the years about children able to squirm out of car seats, booster seats, high chairs etc. You know how it is, you've been doing this a long time, there's always that ONE child.
You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.
I did hear her cry, just gave her a few minutes to resettle and thought she had when she stopped crying after a few minutes. My point is I could have been on the 1st floor closer to her and she still would have tipped, it was an unforseeable accident.
I consider this to be a foreseeable accident, actually I would have seen the danger as much greater than a few bruises. I understand that didn't. I don't understand why you weren't able to see the possible danger but hope after reading all of these posts that you do.
sleep positioning devices .
My responses are in red. I agree with other posters who said if you feel you should fight it then do. Personally the only thing I'd fight is the usage of the word "refused", if that. If you fight this and win Texas Could decide to adjust their regulations so everything is spelled out word for word and offers no interpretation which I'm starting to see as an awesome thing. If you fight it and lose they might do the same. They may even go the direction other states have went in and not allow any use of bouncy seats, swings or other baby equipment and cite people if they are even found on the premises. I've always thought these regs were restrictive and unnecessary but am now able to see why they exist. When I read regulations that list appropriate sleeping equipment I don't then need the regulations to say what is considered inapproprite because I would consider anything not listed as appropriate to be inappropriate. I understand this isn't how everyone thinks though and sadly maybe more regulation is the direction we need to head.
daycare57 11:52 AM 09-15-2015
Originally Posted by nanglgrl:
What kind of rocker advertises as safe for a 1 year old child to sleep in? You must be talking about a rocker that's not a rocking chair and more of a bouncy seat? I've never heard of one made for a child so old. It's also rare for a company to say sonething is safe for sleep (except cribs) these days since its sets them up for liability if a child dies
It is a Fisher Price, Infant to Toddler rocker: From their website: "It’s a reclining infant seat with a fold-out kickstand—great for feeding baby. Adjust the seat upright so baby's movements create rocking motion—with stimulating toys and music to enjoy. For naptime, you can remove the toy bar and switch on calming vibrations. And as your child grows, it becomes a toddler rocking chair!" from the FP website.
It says in the description that as the baby grows it becomes a toddler rocking chair. To me it's clear that means that the redlining seat can be used to soothe your baby to sleep as an infant but once it's switched to a toddler rocking chair it's not used for sleep it's used as a chair.
I do know how accidents happen: when things are used incorrectly, such as not strapping a child properly in the apparatus, especially a 5 point system which can cause strangulation. I'm not sure how a child strapped in around her abdomen and legs correctly would be able to squirm out. I've never had that happen in my day care, and I've been registered since 1984 and am a mother of a 41 year old son. Carelessness is normally the reason for an accident.
In my opinion this chair was used incorrectly. The squirming could cause it to tip and cause bruises like in your case or could cause entrapment and suffocation if it tips. You've never had it happen...yet..we all have things that haven't happened yet but it doesn't mean they can't happen. I've read numerous posts over the years about children able to squirm out of car seats, booster seats, high chairs etc. You know how it is, you've been doing this a long time, there's always that ONE child.
You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.
I did hear her cry, just gave her a few minutes to resettle and thought she had when she stopped crying after a few minutes. My point is I could have been on the 1st floor closer to her and she still would have tipped, it was an unforseeable accident.
I consider this to be a foreseeable accident, actually I would have seen the danger as much greater than a few bruises. I understand that didn't. I don't understand why you weren't able to see the possible danger but hope after reading all of these posts that you do.
sleep positioning devices
My responses are in red. I agree with other posters who said if you feel you should fight it then do. Personally the only thing I'd fight is the usage of the word "refused", if that. If you fight this and win Texas Could decide to adjust their regulations so everything is spelled out word for word and offers no interpretation which I'm starting to see as an awesome thing. If you fight it and lose they might do the same. They may even go the direction other states have went in and not allow any use of bouncy seats, swings or other baby equipment and cite people if they are even found on the premises. I've always thought these regs were restrictive and unnecessary but am now able to see why they exist. When I read regulations that list appropriate sleeping equipment I don't then need the regulations to say what is considered inapproprite because I would consider anything not listed as appropriate to be inappropriate. I understand this isn't how everyone thinks though and sadly maybe more regulation is the direction we need to head.
YES i AM SURE TEXAS WILL CHANGE THE LAW BECAUSE I CAUSED A CHILD TO SUFFER 2 BRUISES!! WHERE DO YOU ALL COME FROM THAT YOU ARE HOLIER THAN THOU???? I HAVE NO PROBLEM WITH CRITICS BUT YOU ALL JUST BLASTED ME ABOUT THE CHAIR WHICH WAS NOT AN ISSUE. MY MISTAKE AFTER YOUR MEMBER LET A CHILD DIE. IT WASN'T ME!!!What kind of rocker advertises as safe for a 1 year old child to sleep in? You must be talking about a rocker that's not a rocking chair and more of a bouncy seat? I've never heard of one made for a child so old. It's also rare for a company to say sonething is safe for sleep (except cribs) these days since its sets them up for liability if a child dies
It is a Fisher Price, Infant to Toddler rocker: From their website: "It’s a reclining infant seat with a fold-out kickstand—great for feeding baby. Adjust the seat upright so baby's movements create rocking motion—with stimulating toys and music to enjoy. For naptime, you can remove the toy bar and switch on calming vibrations. And as your child grows, it becomes a toddler rocking chair!" from the FP website.
It says in the description that as the baby grows it becomes a toddler rocking chair. To me it's clear that means that the redlining seat can be used to soothe your baby to sleep as an infant but once it's switched to a toddler rocking chair it's not used for sleep it's used as a chair.
I do know how accidents happen: when things are used incorrectly, such as not strapping a child properly in the apparatus, especially a 5 point system which can cause strangulation. I'm not sure how a child strapped in around her abdomen and legs correctly would be able to squirm out. I've never had that happen in my day care, and I've been registered since 1984 and am a mother of a 41 year old son. Carelessness is normally the reason for an accident.
In my opinion this chair was used incorrectly. The squirming could cause it to tip and cause bruises like in your case or could cause entrapment and suffocation if it tips. You've never had it happen...yet..we all have things that haven't happened yet but it doesn't mean they can't happen. I've read numerous posts over the years about children able to squirm out of car seats, booster seats, high chairs etc. You know how it is, you've been doing this a long time, there's always that ONE child.
You weren't able to intervene since you were on a different floor. You were only able to react to the problem not stop it from happening.
I did hear her cry, just gave her a few minutes to resettle and thought she had when she stopped crying after a few minutes. My point is I could have been on the 1st floor closer to her and she still would have tipped, it was an unforseeable accident.
I consider this to be a foreseeable accident, actually I would have seen the danger as much greater than a few bruises. I understand that didn't. I don't understand why you weren't able to see the possible danger but hope after reading all of these posts that you do.
sleep positioning devices
My responses are in red. I agree with other posters who said if you feel you should fight it then do. Personally the only thing I'd fight is the usage of the word "refused", if that. If you fight this and win Texas Could decide to adjust their regulations so everything is spelled out word for word and offers no interpretation which I'm starting to see as an awesome thing. If you fight it and lose they might do the same. They may even go the direction other states have went in and not allow any use of bouncy seats, swings or other baby equipment and cite people if they are even found on the premises. I've always thought these regs were restrictive and unnecessary but am now able to see why they exist. When I read regulations that list appropriate sleeping equipment I don't then need the regulations to say what is considered inapproprite because I would consider anything not listed as appropriate to be inappropriate. I understand this isn't how everyone thinks though and sadly maybe more regulation is the direction we need to head.
daycare57 10:11 AM 09-15-2015
Originally Posted by Rockgirl:
I think this is why the violation will still stand:
Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child’s care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child’s needs. The caregiver must intervene when necessary to ensure children’s safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.
You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy. I think this is why the violation will still stand:
Supervising children at all times means the primary caregiver or substitute caregiver and assistant caregivers are accountable for each child’s care. This includes responsibility for the ongoing activity of each child, appropriate visual and/or auditory awareness, physical proximity, and knowledge of activity requirements and each child’s needs. The caregiver must intervene when necessary to ensure children’s safety. In deciding how closely to supervise children, the caregiver must take into account:
(1) Ages of the children;
(2) Individual differences and abilities;
(3) Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and risks.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
Unregistered 10:14 AM 09-15-2015
Originally Posted by daycare57:
You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
No one is questioning your intentions. I do NOT think you intentionally allowed her to get hurt but she did. You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
You yourself just said, you "assumed" she was sleeping again but did not go back in to see if that was the case or not. That IS not proper supervision according to your regulations. No matter what your intentions were/are.
Comfort of the child IS important but not if safety is compromised in the process and in this case it was.
All it takes is a few minutes. All it takes is once. All it takes is one person to assume.
Safety rules in my opinion should never be questioned, bent, waived or ignored. No matter the reasons.
Cat Herder 10:19 AM 09-15-2015
Different child, different provider, same excuse, same scenario.
I feel like we just did this yesterday.
Only the thread was called "Car seat death".
I feel like we just did this yesterday.
Only the thread was called "Car seat death".
daycare57 11:42 AM 09-15-2015
Originally Posted by cat herder:
different child, different provider, same excuse, same scenario.
I feel like we just did this yesterday. Only the thread was called "car seat death".
wow, this is crazy!!!!!!different child, different provider, same excuse, same scenario.
I feel like we just did this yesterday.
Only the thread was called "car seat death".
Blackcat31 11:09 AM 09-15-2015
Originally Posted by daycare57:
You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
Licensing rules trump what you feel is bestYou must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
You did not go to her.
You assumed.
She got hurt.
You failed to properly supervise.
End of story. NO MATTER what your intentions were.
Unregistered 11:19 AM 09-15-2015
You are darn lucky that child didn't die. You weren't supervising. You were not even within eye sight. What if the child slipped out of its rocker and instead of hitting its head it strangled on the straps. Not much to hear when someone is strangling to death. You need to wake up and get with the program. The children need to be within your eyesight, hearing, and reach at all times. With your thought of being within earshot ok .. I could hook up a monitor and listen to it on my cell phone while I am outside or down the street.
You were wrong and lucky nothing more serious happened.
You were wrong and lucky nothing more serious happened.
daycare57 11:46 AM 09-15-2015
Originally Posted by Unregistered:
You are darn lucky that child didn't die. You weren't supervising. You were not even within eye sight. What if the child slipped out of its rocker and instead of hitting its head it strangled on the straps. Not much to hear when someone is strangling to death. You need to wake up and get with the program. The children need to be within your eyesight, hearing, and reach at all times. With your thought of being within earshot ok .. I could hook up a monitor and listen to it on my cell phone while I am outside or down the street.
You were wrong and lucky nothing more serious happened.
i AM IN SHOCK THAT YOU ALL THINK A CHILD CAN DIE WHEN PROPERLY STRAPPED IN A SEAT, i DID NOT PUT A CHILD IN A CLOSET TO DIE!!!! You are darn lucky that child didn't die. You weren't supervising. You were not even within eye sight. What if the child slipped out of its rocker and instead of hitting its head it strangled on the straps. Not much to hear when someone is strangling to death. You need to wake up and get with the program. The children need to be within your eyesight, hearing, and reach at all times. With your thought of being within earshot ok .. I could hook up a monitor and listen to it on my cell phone while I am outside or down the street.
You were wrong and lucky nothing more serious happened.
I POSTED THE RULES FOR INFANTS AND YOU ALL WANT TO THINK DEATH...
MOST OF YOU ARE WAY OFF BASE, TO THE OTHERS WHO HAVE NOT CUT ME DOWN, THANK YOU!!
daycare57 11:54 AM 09-15-2015
Originally Posted by unregistered:
you are darn lucky that child didn't die. You weren't supervising. You were not even within eye sight. What if the child slipped out of its rocker and instead of hitting its head it strangled on the straps. Not much to hear when someone is strangling to death. You need to wake up and get with the program. The children need to be within your eyesight, hearing, and reach at all times. With your thought of being within earshot ok .. I could hook up a monitor and listen to it on my cell phone while i am outside or down the street.
You were wrong and lucky nothing more serious happened.
and what if......i must be in eyesight??? Within reach??? Are you crazy???you are darn lucky that child didn't die. You weren't supervising. You were not even within eye sight. What if the child slipped out of its rocker and instead of hitting its head it strangled on the straps. Not much to hear when someone is strangling to death. You need to wake up and get with the program. The children need to be within your eyesight, hearing, and reach at all times. With your thought of being within earshot ok .. I could hook up a monitor and listen to it on my cell phone while i am outside or down the street.
You were wrong and lucky nothing more serious happened.
nannyde 12:13 PM 09-16-2015
Originally Posted by daycare57:
You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
How do you know she was reaching for a pacifier when she tipped over if you weren't in the room?You must live in Texas? But the rule is vague on #2, and my reply to that is the fact that the child was new to day care at 1 year old. Old enough to realize she is in a totally different situation which she doesn't understand, without Mommy. Her mother had told me to do as I saw best, and my reply was that I always want children in that situation to have a little extra TLC. I want that child to fall in love with me and feel comfortable. If she saw me walk away, she would scream and disturb the other kids. Same thing at drop off and at pick up, nap time, meal time. She took alot of love and caring, but was improving. So, if she fell asleep in the rocker I left her there, knowing she was safe and happy.
Layout of home, open to living room where she was, via a balcony, and we live in a safe area. So where is the violation of supervision? There isn't one. The child cried, I didn't go to her immediately, she stopped in a few minutes and I assumed she was sleeping again, which she was since she had reached for her pacifier and was again content. She had 2 bruises which showed up hours later. She was not in an unsafe situation, it was an accident. I am sorry I didn't check on her when she cried for those few minutes but I wasn't being mean or intentionally not going to her for any reason other than she usually cried, and loudly.
Rockgirl 09:29 AM 09-15-2015
§747.2405 What furnishings and equipment must I provide for toddlers?
Medium-High Medium -High
Medium
Medium
Subchapter I, Basic Care Requirements for Toddlers December 2010
Furnishings and equipment for toddlers must include at least the following:
(1) Age-appropriate nap or rest equipment;
----------
I know there used to be a regulation against children napping on a sofa...not sure if it's still in effect or not. But I doubt they consider a seat with a seat belt age-appropriate nap equipment. I am not trying to nit-pick--I'm really not. It's just that the child was left unattended and was injured. If you feel strongly that the violation was unfair, by all means, fight it, I just don't believe you will win, since an injury resulted.
Medium-High Medium -High
Medium
Medium
Subchapter I, Basic Care Requirements for Toddlers December 2010
Furnishings and equipment for toddlers must include at least the following:
(1) Age-appropriate nap or rest equipment;
----------
I know there used to be a regulation against children napping on a sofa...not sure if it's still in effect or not. But I doubt they consider a seat with a seat belt age-appropriate nap equipment. I am not trying to nit-pick--I'm really not. It's just that the child was left unattended and was injured. If you feel strongly that the violation was unfair, by all means, fight it, I just don't believe you will win, since an injury resulted.
littletots 10:11 AM 09-15-2015
I've read your original post and the entire thread. You asked our opinion. Most agreed you were in violation. However, you seem to feel you should fight the write up. So follow your gut. I'd be interested to hear an update.
Rockgirl 10:19 AM 09-15-2015
Originally Posted by littletots:
I've read your original post and the entire thread. You asked our opinion. Most agreed you were in violation. However, you seem to feel you should fight the write up. So follow your gut. I'd be interested to hear an update.
I totally agree. I won't quote any more regs....OP, do what you feel is right.I've read your original post and the entire thread. You asked our opinion. Most agreed you were in violation. However, you seem to feel you should fight the write up. So follow your gut. I'd be interested to hear an update.
Rockgirl 12:10 PM 09-15-2015
We can have up to 12 in Texas, depending on the type of license/registration and ages of children.
I believe the poster who mentioned the law could change was saying that because of areas that seem vague. Maybe it really should be more clearly stated--that's how I took the previous poster's comment.
I believe the poster who mentioned the law could change was saying that because of areas that seem vague. Maybe it really should be more clearly stated--that's how I took the previous poster's comment.
Blackcat31 07:53 PM 09-15-2015
Originally Posted by daycare57:
CCL cited me for a supervision deficiency for being on the 2nd floor of my home during nap time, when a child tipped over sideways in an infant/toddler rocking chair which was sitting on the carpet. She was strapped in and simply twisted her body to grab her pacifier which she had thrown to the floor, and in shifting her weight to grab it, tipped, sustaining 2 bruises. There is no problem with the actual incident, only that I said I was on the 2nd floor when it happened.
Has anyone been cited for supervision for being on a second floor of the home during naptime? The investigator wrote it up as "refused to supervise by going to the 2nd floor of the home..." although I was in auditory range, then, "when she returned later". Doesn't it sound like I left the house?
Any and all comments are welcome as I just don't think this is fair and want to fight it. Please PM if you'd rather not reply online.
Thanks!
So out of curiosity I wondered if anyone else had a similar situation like this and if so how it was handled... I was unsure of how your state managed their appeals process for providers with citations as each state has their own regulations so I Googled some questions and key words. CCL cited me for a supervision deficiency for being on the 2nd floor of my home during nap time, when a child tipped over sideways in an infant/toddler rocking chair which was sitting on the carpet. She was strapped in and simply twisted her body to grab her pacifier which she had thrown to the floor, and in shifting her weight to grab it, tipped, sustaining 2 bruises. There is no problem with the actual incident, only that I said I was on the 2nd floor when it happened.
Has anyone been cited for supervision for being on a second floor of the home during naptime? The investigator wrote it up as "refused to supervise by going to the 2nd floor of the home..." although I was in auditory range, then, "when she returned later". Doesn't it sound like I left the house?
Any and all comments are welcome as I just don't think this is fair and want to fight it. Please PM if you'd rather not reply online.
Thanks!
Because of a few specifc statements you made I believe I came across your actual licensing citation. Because this information is public, it becomes part of the searchable data base for anyone to read or see.
Based on what I read, I don't really feel you are being 100% honest about the entire situation and based on your reaction to the less supportive posts above, I have to wonder.
nannyde 08:07 PM 09-15-2015
Originally Posted by Blackcat31:
So out of curiosity I wondered if anyone else had a similar situation like this and if so how it was handled... I was unsure of how your state managed their appeals process for providers with citations as each state has their own regulations so I Googled some questions and key words.
Because of a few specifc statements you made I believe I came across your actual licensing citation. Because this information is public, it becomes part of the searchable data base for anyone to read or see.
Based on what I read, I don't really feel you are being 100% honest about the entire situation and based on your reaction to the less supportive posts above, I have to wonder.
Yup. It wasn't that hard to find. So out of curiosity I wondered if anyone else had a similar situation like this and if so how it was handled... I was unsure of how your state managed their appeals process for providers with citations as each state has their own regulations so I Googled some questions and key words.
Because of a few specifc statements you made I believe I came across your actual licensing citation. Because this information is public, it becomes part of the searchable data base for anyone to read or see.
Based on what I read, I don't really feel you are being 100% honest about the entire situation and based on your reaction to the less supportive posts above, I have to wonder.
Op could you post the actual citation please?
laundrymom 10:43 AM 09-16-2015
Originally Posted by nannyde:
Yup. It wasn't that hard to find.
Op could you post the actual citation please?
Yup. It wasn't that hard to find.
Op could you post the actual citation please?
Well. I'm not
Looking for the right thing I guess.
Crystal 10:48 AM 09-16-2015
So, I have a couple of questions.
How long were you upstairs?
What is the floorplan of your home like that allows you to see in to the room where the child was while you were upstairs on a balcony?
How much brusing did the child actually sustain, and specifically, where were the bruises?
How long were you upstairs?
What is the floorplan of your home like that allows you to see in to the room where the child was while you were upstairs on a balcony?
How much brusing did the child actually sustain, and specifically, where were the bruises?
Cat Herder 10:52 AM 09-16-2015
Originally Posted by laundrymom:
Well. I'm not
Looking for the right thing I guess.
If it is the one I read from texas, there was a 1.5 hour lapse before toddler was up-righted or checked on after flipping over. Well. I'm not
Looking for the right thing I guess.
Now, this may not be the right OP, but the timing of the filing is about right.
If that was not the OP, that explains why they were looking for this type of thing to begin with.
BabyMonkeys 11:51 AM 09-16-2015
Originally Posted by Cat Herder:
If it is the one I read from texas, there was a 1.5 hour lapse before toddler was up-righted or checked on after flipping over.
Now, this may not be the right OP, but the timing of the filing is about right.
If that was not the OP, that explains why they were looking for this type of thing to begin with.
How would they know it had been 1.5 hours before she was up-righted? If it is the one I read from texas, there was a 1.5 hour lapse before toddler was up-righted or checked on after flipping over.
Now, this may not be the right OP, but the timing of the filing is about right.
If that was not the OP, that explains why they were looking for this type of thing to begin with.
nannyde 11:54 AM 09-16-2015
Originally Posted by Cat Herder:
If it is the one I read from texas, there was a 1.5 hour lapse before toddler was up-righted or checked on after flipping over.
Now, this may not be the right OP, but the timing of the filing is about right.
If that was not the OP, that explains why they were looking for this type of thing to begin with.
We would know if it was the same provider if she offered to give us their words in the citation. The key phrases she uses are identical BUT the details are WAY WAY more specific in the citation I am reading. If it is the one I read from texas, there was a 1.5 hour lapse before toddler was up-righted or checked on after flipping over.
Now, this may not be the right OP, but the timing of the filing is about right.
If that was not the OP, that explains why they were looking for this type of thing to begin with.
I could copy and paste BUT I am trying to give the OP a chance to do so herself.
Rockgirl 12:22 PM 09-16-2015
Was this self-reported by the provider? I haven't searched for it yet.
nannyde 12:27 PM 09-16-2015
Originally Posted by RockgirI:
Was this self-reported by the provider? I haven't searched for it yet.
Possibly. The incident occurred the day before the investigation on the citation I found.Was this self-reported by the provider? I haven't searched for it yet.