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Daycare Center and Family Home Forum>Pulled Son Out of Daycare Due to Safety Issues - Contract Question
Unregistered 01:04 AM 05-10-2016
This is in California. The home daycare my son attends had an inspection last month that found a couple of severe issues for which it received citations - Chemicals accessible to kids, as well as 2 employees with no background check or CPR training.

The inspector issued a report of all the findings. The report stated that all parents need to be provided with a copy of that report. However, the daycare never mentioned that report to me and definitely didn't give me a copy of it (obviously it did not want me to know).

I happened to check the public licensing website today (over one month after the report) and was very alarmed by it, so I pulled my son out of the daycare immediately.

Anyway my question is, the contract I signed when I enrolled my son there requires a 1 month notice when pulling out. But given the circumstances, would the daycare still be able to require me to pay for that one month for example by taking me to small claims court? Would I be able to say that the daycare was not upholding its responsibilities of providing a safe environment and abiding by regulations, even though that's not explicitly written in the contract?
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laundrymom 02:27 AM 05-10-2016
Did you find out the details from provider?
Here that could mean I had windex on the counter or shampoo in the shower.
Or that the background check was late for some reason. .
I would expect you to adhere to contract.
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Unregistered 02:40 AM 05-10-2016
Originally Posted by laundrymom:
Did you find out the details from provider?
Here that could mean I had windex on the counter or shampoo in the shower.
Or that the background check was late for some reason. .
I would expect you to adhere to contract.
The regulations say that staff must have a background check and cpr training before working at the daycare. There is no "late". The provider was fined $1000 for that according to the report. And the provider never told me about the report, I found out about it myself from the licensing website, even though the report indicates that a copy MUST be provided to the parent.

So surely that some sort of negligence on the provider that would allow me to breach the contract?
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laundrymom 04:15 AM 05-10-2016
I would still hold you to contract. Unless there's something in it to specifically address the issue. Also, that is a licensing reg. Correct? Is there a place in the contract between you and provider saying you will be notified of any licensing issues? If not I would guess it's not something enforceable with your contract but rather between provider and licensing.
I realize that they didn't tell you but that's getting pretty nit picky. Especially since its public information.

In the future maybe ask providers to specifically include the things you want in a contract or make your own and hire a nanny?
Then you have more control over the policies.
I don't see anything in your post saying your child was mistreated or neglected. I only see you being upset because of a licensing report. Which is understandable. You can get upset but that doesn't mean you get out of your contractual obligations.
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Thriftylady 04:36 AM 05-10-2016
I agree with the others, unless there was a specific clause in the contract, you owe this and it will hold up in court. The chemicals could have been as simple as an empty tube of toothpaste in the trash! Sometimes states get slow on background checks and that isn't the providers fault they still have to stay in compliance on ratios. As far as the CPR perhaps it was in progress or it could have been that the employee had it, and the proof was misplaced.

If you had talked to the provider, you may have been able to clear up something that was silly. Because much of this is. Also some things are reportable to parents, others are not, usually when they are the provider has to have parents sign that they are aware?

My next question is how do you know it has been a month since a call to licensing? Did you make that call? If so why?
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childcaremom 04:54 AM 05-10-2016
Originally Posted by Unregistered:
This is in California. The home daycare my son attends had an inspection last month that found a couple of severe issues for which it received citations - Chemicals accessible to kids, as well as 2 employees with no background check or CPR training.

The inspector issued a report of all the findings. The report stated that all parents need to be provided with a copy of that report. However, the daycare never mentioned that report to me and definitely didn't give me a copy of it (obviously it did not want me to know).

I happened to check the public licensing website today (over one month after the report) and was very alarmed by it, so I pulled my son out of the daycare immediately.

Anyway my question is, the contract I signed when I enrolled my son there requires a 1 month notice when pulling out. But given the circumstances, would the daycare still be able to require me to pay for that one month for example by taking me to small claims court? Would I be able to say that the daycare was not upholding its responsibilities of providing a safe environment and abiding by regulations, even though that's not explicitly written in the contract?
Does it have to be stated in the contract that a daycare will following licensing regulations? I mean, for a licensed daycare, isn't that stating the obvious? If licensing states that when a provider is cited that they must notify their enrolled families, why does that also need to be written in a contract? (aside: not familiar with any legalities so please be gentle with me if I am completely off base) My contract states that I will provide a safe environment but I guess that is open to interpretation, as well.

Op, I would have a conversation with your provider to find out exactly what went on. Maybe it was something "simple" (for lack of better term) as far as the chemicals go. I think the wording of the citation sounds scary but until you ask, you are just going to be guessing. As for the employees not being up to date, maybe they were in progress, maybe it was overlooked. To me this would be a huge issue. Again, talk to your provider. As a parent, I do feel that these are valid concerns. Valid enough to pull out of a legally binding contract? I don't know. I would have a chat with a lawyer.

Good luck. I do feel it is imperative that the parents are able to trust their providers. I would have that chat with your provider and lawyer and take it from there.
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Thriftylady 05:00 AM 05-10-2016
Originally Posted by childcaremom:
Does it have to be stated in the contract that a daycare will following licensing regulations? I mean, for a licensed daycare, isn't that stating the obvious? If licensing states that when a provider is cited that they must notify their enrolled families, why does that also need to be written in a contract? (aside: not familiar with any legalities so please be gentle with me if I am completely off base) My contract states that I will provide a safe environment but I guess that is open to interpretation, as well.

Op, I would have a conversation with your provider to find out exactly what went on. Maybe it was something "simple" (for lack of better term) as far as the chemicals go. I think the wording of the citation sounds scary but until you ask, you are just going to be guessing. As for the employees not being up to date, maybe they were in progress, maybe it was overlooked. To me this would be a huge issue. Again, talk to your provider. As a parent, I do feel that these are valid concerns. Valid enough to pull out of a legally binding contract? I don't know. I would have a chat with a lawyer.

Good luck. I do feel it is imperative that the parents are able to trust their providers. I would have that chat with your provider and lawyer and take it from there.
I very much agree with the bolded. And while I agree that it shouldn't have to be in the contract that licensing rules will be followed, I also think that licensing rules are so vague sometimes that even we as providers have a hard time understanding them sometimes, that reading them on a website can be a nightmare. I have never lived in a place where I was required to notify parents of licensing issues (I never had major ones), so everyplace is different. It could depend on what it is even. I don't know the reg in question so who knows. But speaking to the provider before pulling would be so important here.
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Blackcat31 05:28 AM 05-10-2016
I think you would still be obligated to pay the month notice period.

If the child care was truly endangering your child the state would not have issued them written citations but would instead have shut them down.
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nannyde 06:00 AM 05-10-2016
Parent provided copy could simply mean posting the notice in a parent accessible area such as a bulletin board at the front entrance. It may not mean physically handing you a copy.

Not having cpr training for some of the staff may he fineable but not a severe deficiency. Also if they complied immediately to correction then proving them unsafe a month later would be tough.

People make mistakes.

The dangerous chemicals could be sunscreen or something the staff didn't know should be locked away.

I think your chances are slim.
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Leigh 06:41 AM 05-10-2016
I agree that your chances of winning in court are probably pretty slim. And, since the childcare was cited and fined, any danger to the children has likely been corrected. Many citations are for things that the provider didn't realize were violations and are immediately corrected when the provider becomes aware. As mentioned, even sunscreen could have been the citation for chemicals-setting it on the floor while rubbing it on the skin of one child could be seen as dangerous to others, even though it's still under the control of the adult. Some inspectors are crazy nit picky, and what THEY see wrong isn't necessarily what parents would see wrong.

It sounds to me like you were looking for an excuse to leave without notice, and you took it. Two employees not having CPR is a big deal, but not such a big deal if the center has 15 other employees who are trained. And, it's possible that their certifications were recently expired. I've been trained on CPR since childhood, but if I didn't update that piece of paper, I'd be cited, even though I can prove that I have the skills.

I'm sorry, but I think you'd be wasting your time and money in court (you'll get stuck with paying fees when you lose, on top of your paid notice period). The best I think you could do is try to work out a settlement with the center, though, knowing their likelihood of winning in court, they may not be willing.
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sharlan 06:41 AM 05-10-2016
This provider needs to be reported for not following licensing regs.

When you receive a citation, you must post a copy of the LIC809 on the front door during daycare hours for 30 days. You also must have a parent sign a LIC9224 stating that they received a copy of the citation. That form must be kept in the child's file.

As far as getting your money back, that all depends on your contract. Going to small claims is a gamble. I've heard of both sides winning.
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MunchkinWrangler 07:21 AM 05-10-2016
Your contract is still enforceable. The wording used on these citations is pretty vague. Some licensors will be more specific others won't. I guess my question would be....did you communicate this to your provider? Or did you just pull and expect to stick it to her? I refuse to go parading with pitchforks because like laundrymom said they could have been very minor things. If this were in process of being remedied and evaluated by licensing this could have been communicated by the provider and if the question was asked to her personally. You are also free to contact licensing as well to have them elaborate further. But sounds like she didn't get that chance....
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spedmommy4 07:28 AM 05-10-2016
Originally Posted by sharlan:
This provider needs to be reported for not following licensing regs.

When you receive a citation, you must post a copy of the LIC809 on the front door during daycare hours for 30 days. You also must have a parent sign a LIC9224 stating that they received a copy of the citation. That form must be kept in the child's file.

As far as getting your money back, that all depends on your contract. Going to small claims is a gamble. I've heard of both sides winning.
Sharlan is absolutely correct. Failure to follow this was another violation on the part of this provider. Licensing would have explained the obligation to distribute and get signed copies of the violations signed for each child's file.

In California, there is no "late" for background checks. One an employee is background checked, they stay in the system forever. This means the provider knowingly hired people without checking to see if they were safe to work around kids. This would be a serious issue for me as a parent too.

If OP checked her file prior to selecting her and it was good, and then came across this, it's going to be a good argument for failure to continue to meet the standard of care that she thought she was getting when entering into the original contract with the provider.

ETA: you can call licensing and get additional details on the violations, to make a more a more informed decision on how to proceed.
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Unregistered 07:35 AM 05-10-2016
To the OP: You did the right thing by pulling your son out. I wouldn't want to place my daughter in any daycare that allows un-background checked staff near her or is careless about chemicals (if it was found in a random inspection, this might have been a recurring issue). Plus not revealing the report to you despite required is shady; provider should have discussed the report with you and promised to fix things.

As for the money; Given the circumstances I don't think the daycare should require it from you. If they do take you to small claims court, you can show the report to the judge and try to convince him the daycare was in breach for not providing a safe environment as it is supposed to. May go either way, depending on the judge and the arguments
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Snowmom 07:52 AM 05-10-2016
Have you talked to the licensed provider regarding this?
That's really where you should start.
Just be honest and say you found this information that you're very uncomfortable with, which is why you pulled your child from their care.
Instead of trying to find loopholes to avoid paying fees, maybe you will be able to come to an agreement together.
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mommyneedsadayoff 07:52 AM 05-10-2016
Did you like your daycare prior to finding out about this report? Were there other issues already in your mind and this was the last straw? Did you speak with them about the report and what actually happened?
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sharlan 08:20 AM 05-10-2016
Originally Posted by Unregistered:
To the OP: You did the right thing by pulling your son out. I wouldn't want to place my daughter in any daycare that allows un-background checked staff near her or is careless about chemicals (if it was found in a random inspection, this might have been a recurring issue). Plus not revealing the report to you despite required is shady; provider should have discussed the report with you and promised to fix things.

As for the money; Given the circumstances I don't think the daycare should require it from you. If they do take you to small claims court, you can show the report to the judge and try to convince him the daycare was in breach for not providing a safe environment as it is supposed to. May go either way, depending on the judge and the arguments
California is a VERY gray state. Everything depends on the analyst and his/her mood for the day. The chemicals could have been the wrong brand of hand soap in the bathroom, shampoo in the shower, an empty tube of toothpaste in the trashcan, dishsoap on the counter, diaper cream on the table, etc. ANYTHING that says "keep out of the reach of children" is can be classified as a chemical.

As for background checks, that is an absolute must and the provider knew that.

Only one person has to have their CPR. It is not required for the assistants.
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Unregistered 10:29 AM 05-10-2016
I agree with spedmommy4

I think the fact that the daycare hired staff without background check to work near children is ground enough for terminating. Like another poster said, judge will have to rule on that but you have a good case.

Also not sure why so many people are defending the daycare when it was trying to hide the report from the parents. If it said "parents must get a copy", then parents must get a copy. Parents need to know about this to make informed decisions on their kids. Not all parents know they can check licensing website. Had the daycare provider gone to OP and said "here is your copy of the report we got. I apologize about the cleaning supplies left near the table, I was just sanitizing the other day and forgot to put them away...and I will be more strict about who I hire from now on" or something like that then maybe I could see the daycare's side. But trying to hide it just made it worse.
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Unregistered 10:37 AM 05-10-2016
Originally Posted by Unregistered:

Also not sure why so many people are defending the daycare ...
Because she posted in the Daycare Owner/Operator forum. Had she posted in the Parent/Guardian forum, reactions would be opposite and they had probably even told her she can sue the daycare for negligence
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mommyneedsadayoff 10:42 AM 05-10-2016
Originally Posted by Unregistered:
I agree with spedmommy4

I think the fact that the daycare hired staff without background check to work near children is ground enough for terminating. Like another poster said, judge will have to rule on that but you have a good case.

Also not sure why so many people are defending the daycare when it was trying to hide the report from the parents. If it said "parents must get a copy", then parents must get a copy. Parents need to know about this to make informed decisions on their kids. Not all parents know they can check licensing website. Had the daycare provider gone to OP and said "here is your copy of the report we got. I apologize about the cleaning supplies left near the table, I was just sanitizing the other day and forgot to put them away...and I will be more strict about who I hire from now on" or something like that then maybe I could see the daycare's side. But trying to hide it just made it worse.
Were they trying to hide the report or did they post it in a parent accessible area? As others said, it is public information, so I don't know that I can confirm one way or another that they are hiding it.
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MunchkinWrangler 10:52 AM 05-10-2016
I guess my response was due to the fact that just because the provider had a citation doesn't mean that makes a contract void. I don't see any evidence of the OP regarding communication with the provider. Does the OP know who the employees are, were they hired randoms, family, the homeless guy down the street etc. I would assume that OP was introduced to these people, as for the background check, yes I absolutely would be a little miffed about it but if it was my mom most people wouldn't care about the background check. The CPR training is only required if they are left alone with the children from what I understand so that topic is void.

I guess I wish there was more info otherwise all I'm hearing is "I didn't give proper notice but the provider is bad so that means I don't have to follow the rules." In other worlds, backstabbing the provider. If the OP trusted the provider enough to use her services I don't understand the turn around. I just feel like I'm not getting the whole story on this one.
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Unregistered 11:01 AM 05-10-2016
Assuming the situation is as described by OP, both sides may have a case since they both didn't go by the rules; Daycare failed to give parents copy of report as required by law/regulations, and Parents failed to give notice. So you're both even I think

But if it does get to Small Claims a judge will look at all the facts and then decide. I don't think anybody here can give you a conclusive answer since we can't look at the whole picture.

Good luck OP however it turns out
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sharlan 11:11 AM 05-10-2016
Originally Posted by mommyneedsadayoff:
Were they trying to hide the report or did they post it in a parent accessible area? As others said, it is public information, so I don't know that I can confirm one way or another that they are hiding it.
I am not defending either the provider or the parent.

The citation must be posted on the front door AND the parents must sign a form stating that they read the citation. A copy of both must be in the child's file. The provider was noncompliant in not doing both.

It is public information BUT California just started doing this last year and most people - providers and parents are not aware of it. Also, you must have the exact name in order to look up a daycare. Some go by Blah Blah Daycare and others Blah Blah Childcare.
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sleepinghart 12:12 PM 05-10-2016
Originally Posted by Unregistered:
The regulations say that staff must have a background check and cpr training before working at the daycare. There is no "late". The provider was fined $1000 for that according to the report. And the provider never told me about the report, I found out about it myself from the licensing website, even though the report indicates that a copy MUST be provided to the parent.

So surely that some sort of negligence on the provider that would allow me to breach the contract?
(^^bolding^^ by me)
~I just wonder if that means that "parents shall be provided a copy, a paper copy, upon request" or "parent must receive, or is entitled, to a copy upon request". ..I mean since the full report is up and accessible for everyone to see on the website and all anyway.
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spedmommy4 12:34 PM 05-10-2016
Originally Posted by sleepinghart:
(^^bolding^^ by me)
~I just wonder if that means that "parents shall be provided a copy, a paper copy, upon request" or "parent must receive, or is entitled, to a copy upon request". ..I mean since the full report is up and accessible for everyone to see on the website and all anyway.
The regulation states that providers must give parents a copy even if parents don't request it. It adds insult to injury in some cases but I believe the intent is to make sure parents are educated about the quality of care they are choosing.
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thrivingchildcarecom 12:53 PM 05-10-2016
You are so right! GRAY is actually the best way to put it. I have a family member who has a child care too. She was once sited for having a jar of Vasoline under the counter in her bathroom. And you know how its written up "violating rights of a child".

I think people truly forget that for many providers this is the first time we have been in business for ourselves. Isolated at home for the most part, our on the job training is actually over time and after being exposed to many different circumstances. In California, we have over 80+ regulations to follow at our child care. Even though we are obligated to follow these rules, there can be occasions when something gets missed. Especially when you consider we live in our businesses along with our family members as well.

Somethings raised here could be valid concerns, but I would hope for my parent clients to give me the respect to at least be up front and converse with me before jumping to conclusions and ending our relationship.
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renodeb 01:11 PM 05-10-2016
It is the responsibility of the provider to make sure the background checks went through, no employee should have contact with kids until they pass. CPR is a once every two year thing here (no exceptions)
That being said, unless there was a specific clause in the contract that provider can hold you to it.
Deb
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sharlan 01:19 PM 05-10-2016
Originally Posted by sleepinghart:
(^^bolding^^ by me)
~I just wonder if that means that "parents shall be provided a copy, a paper copy, upon request" or "parent must receive, or is entitled, to a copy upon request". ..I mean since the full report is up and accessible for everyone to see on the website and all anyway.
No, parents MUST be given a copy of the report and also sign a statement that they RECEIVED the copy. Violations must also be posted on the front door during all daycare hours.

This provider was trying to hide the violations, IMHO. She failed to post the inspection, she failed to give parents a copy of it, and she failed to have the parents state that they had received a copy.

I am not sure if the entire report is on the website or not. It is something relatively new to CA and not everyone is aware of it.
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sharlan 01:29 PM 05-10-2016
Originally Posted by sharlan:
No, parents MUST be given a copy of the report and also sign a statement that they RECEIVED the copy. Violations must also be posted on the front door during all daycare hours.

This provider was trying to hide the violations, IMHO. She failed to post the inspection, she failed to give parents a copy of it, and she failed to have the parents state that they had received a copy.

I am not sure if the entire report is on the website or not. It is something relatively new to CA and not everyone is aware of it.

Ok, I just pulled up my license and this it what it shows....

Type A Citation: 1
Type B Citation: 1

One or more citations may be under appeal and/or may have been corrected. Contact the State Licensing Office for more information.


It does not show what the citation is for. My Class A was for 2 tomato plants. My Class B was because I didn't have my fire drill log available. I forgot where I had put it. I found it and faxed it in 10 mins after my analyst left.
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CityGarden 02:04 PM 05-10-2016
If the state found items worthy of shutting DCP down for any period of time (two days, two weeks, two months, etc) I think you would be able to show a court that the provider breached the contract by not honoring their end by providing care and causing you to make alternate arrangements. Because this is a month later and you happened to check the licensing site it could become a he said / she said case in court and ultimately most courts rule based on jurisdiction, facts, and contracts.

DCP can say they put a copy of said item in child's bag/ in the parent folder / posted it / emailed a link...... do you have proof they did not?

From Sharlan....
"When you receive a citation, you must post a copy of the LIC809 on the front door during daycare hours for 30 days. You also must have a parent sign a LIC9224 stating that they received a copy of the citation. That form must be kept in the child's file."

If this statement from Sharlan is correct and the provider cannot show you signed said form that would be one form of proof ---- still that would be a license violation not a matter for the court to rule on as it is out of their jurisdiction. Also know a judge could elect to toss any testimonial related to licensing as irrelevant since ultimately the state did not close the daycare (for even an hour) and there is likely no mention of that as a means to void the financial contract you signed. You removing your child so abruptly does provide a financial burden on the provider and will likely create a monetary loss due to not providing proper notice so DCP will have damages ---- not to mention the potential loss of earnings from taking time off work to file and to attend court for both the DCP and yourself. I don't mean to seem negative but court is always a gamble...

All that said, I feel for you. If my child were in a situation where I felt uncomfortable for any reason I would pull them and I would honor my contract as well. I would honor the contract because it would still likely cost me less than going to court or trying to get out of the contract would.
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CityGarden 02:10 PM 05-10-2016
Originally Posted by Blackcat31:
I think you would still be obligated to pay the month notice period.

If the child care was truly endangering your child the state would not have issued them written citations but would instead have shut them down.
I agree with this an expanded on it in my post above. I would move my child if I felt the need for any reason but I would still honor my financial obligation and protocol. Even if my child no longer attended I would pay give 30 days notice for the spot (even though my child was not there) and move on with life.

Originally Posted by sharlan:
This provider needs to be reported for not following licensing regs.

When you receive a citation, you must post a copy of the LIC809 on the front door during daycare hours for 30 days. You also must have a parent sign a LIC9224 stating that they received a copy of the citation. That form must be kept in the child's file.

As far as getting your money back, that all depends on your contract. Going to small claims is a gamble. I've heard of both sides winning.
I did not realize that was the case in California but if that is the case it could be reported to licensing it would not be the jurisdiction of a small claims judge.

Originally Posted by sharlan:
Ok, I just pulled up my license and this it what it shows....

Type A Citation: 1
Type B Citation: 1

One or more citations may be under appeal and/or may have been corrected. Contact the State Licensing Office for more information.


It does not show what the citation is for. My Class A was for 2 tomato plants. My Class B was because I didn't have my fire drill log available. I forgot where I had put it. I found it and faxed it in 10 mins after my analyst left.
I have pulled other providers licenses in California and some a quite detailed. All I have seen with violations list what the violation was ---- maybe yours is not because it is pending.

Also is there any appeal for you? I would hope you could appeal in your situation.
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Unregistered 02:19 PM 05-10-2016
Originally Posted by Unregistered:
Because she posted in the Daycare Owner/Operator forum. Had she posted in the Parent/Guardian forum, reactions would be opposite and they had probably even told her she can sue the daycare for negligence
Indeed. I am a parent and I am surprised by some of the comments above. Remind me not to enroll my child in any of your daycares if you think hiring someone with no background/criminal/child abuse check is no big deal and that the parent should keep their kids in the daycare and/or pay for an extra month after the provider failed to follow that step and to report it to the parent.

The contract is money for "care". If the provider failed to provide a safe environment then her part in the contract was breached regardless of the wording.

My advice: Should the daycare provider threaten to take you to court, counter-sue for negligence. As a parent, any provider letting employees who are not background-checked near my kids is negligence as far as I'm concerned. I'm sure any reasonable judge will agree.
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CityGarden 02:26 PM 05-10-2016
Originally Posted by CityGarden:
All that said, I feel for you. If my child were in a situation where I felt uncomfortable for any reason I would pull them and I would honor my contract as well. I would honor the contract because it would still likely cost me less than going to court or trying to get out of the contract would.
An example of this, I signed a lease for a furnished office space this year and it was terrible they would not let me pay in a method I could easily write off as a business expense (paypal via friends and family instead of business), they left items that were unwanted and far beyond what I considered a furnished office (food in the fridge, old paperwork in the file cabinets, etc.) these were things I did not expect that were presented after I signed the lease --- I still paid the rent for the 10 months (the entire term of the lease) which just ended my obligation to that this month. It sucked, I hated paying for something that I ultimately did not utilize but really it was what I agreed to. An option of 30 days notice to be out of the contract is much less than a lease (like I had on the office space) or an annual contract (which is what I require in my preschool program)
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sharlan 02:29 PM 05-10-2016
Originally Posted by CityGarden:
I agree with this an expanded on it in my post above. I would move my child if I felt the need for any reason but I would still honor my financial obligation and protocol. Even if my child no longer attended I would pay give 30 days notice for the spot (even though my child was not there) and move on with life.



I did not realize that was the case in California but if that is the case it could be reported to licensing it would not be the jurisdiction of a small claims judge.



I have pulled other providers licenses in California and some a quite detailed. All I have seen with violations list what the violation was ---- maybe yours is not because it is pending.

Also is there any appeal for you? I would hope you could appeal in your situation.
Mine was in 2012. There was no appeal because they were legitimate citations under our regs. Tomato plants are considered poisonous.
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Unregistered 02:52 PM 05-10-2016
Aren't those inspections preformed like once a year or something? If they found those issues during a random inspection, most likely this has been going on for a while, and in that day they happened to get "caught".

I'm with the other parent, that letting employees work with children without following proper procedure and getting them background-checked is a big no-no

I wouldn't worry about the daycare suing you since that would surely backfire for the daycare - ie if licensing found out they did not supply copies of the report to the parents they could get more fines and the license be put on probation
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Thriftylady 02:57 PM 05-10-2016
Originally Posted by Unregistered:
Aren't those inspections preformed like once a year or something? If they found those issues during a random inspection, most likely this has been going on for a while, and in that day they happened to get "caught".

I'm with the other parent, that letting employees work with children without following proper procedure and getting them background-checked is a big no-no

I wouldn't worry about the daycare suing you since that would surely backfire for the daycare - ie if licensing found out they did not supply copies of the report to the parents they could get more fines and the license be put on probation
This inspection was due to a complaint according to the OP who knew about the complaint and was looking for the report. The OP never answered the questions we asked, which leads me to believe that the OP made a complaint to get out of paying. If you are going to make a complaint, you should have already removed your child BEFORE you make the complaint. If it is bad enough for a complaint it is to bad for you to leave your child. And in my county in Ohio, licensed providers get 4 unannounced visits per year.
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Unregistered 03:01 PM 05-10-2016
Originally Posted by Thriftylady:
This inspection was due to a complaint according to the OP who knew about the complaint and was looking for the report. The OP never answered the questions we asked, which leads me to believe that the OP made a complaint to get out of paying. If you are going to make a complaint, you should have already removed your child BEFORE you make the complaint. If it is bad enough for a complaint it is to bad for you to leave your child. And in my county in Ohio, licensed providers get 4 unannounced visits per year.
You got this mixed up with another thread

https://daycare.com/forum/showthread.php?t=82676

Here, the OP was saying they went to the licensing website and found those violations, there was no complaint initiated by the OP
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Thriftylady 03:14 PM 05-10-2016
Originally Posted by Unregistered:
You got this mixed up with another thread

https://daycare.com/forum/showthread.php?t=82676

Here, the OP was saying they went to the licensing website and found those violations, there was no complaint initiated by the OP
Originally Posted by :
This is in California. The home daycare my son attends had an inspection last month that found a couple of severe issues for which it received citations - Chemicals accessible to kids, as well as 2 employees with no background check or CPR training.

The inspector issued a report of all the findings. The report stated that all parents need to be provided with a copy of that report. However, the daycare never mentioned that report to me and definitely didn't give me a copy of it (obviously it did not want me to know).

I happened to check the public licensing website today (over one month after the report) and was very alarmed by it, so I pulled my son out of the daycare immediately.
I take this to mean the OP knew about the inspection a month ago.
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spedmommy4 05:36 PM 05-10-2016
Originally Posted by Unregistered:
Indeed. I am a parent and I am surprised by some of the comments above. Remind me not to enroll my child in any of your daycares if you think hiring someone with no background/criminal/child abuse check is no big deal and that the parent should keep their kids in the daycare and/or pay for an extra month after the provider failed to follow that step and to report it to the parent.

The contract is money for "care". If the provider failed to provide a safe environment then her part in the contract was breached regardless of the wording.

My advice: Should the daycare provider threaten to take you to court, counter-sue for negligence. As a parent, any provider letting employees who are not background-checked near my kids is negligence as far as I'm concerned. I'm sure any reasonable judge will agree.
I may get flamed here but I agree with this. When I had my kids in after school childcare programs, I chose licensed because I knew the staff had to pass background checks. I would be furious if I found out the person or business I entrusted to care for my children wasn't taking that regulation seriously.

My opinion is based on personal experience. When my kids were younger we had the option to go with a much more expensive licensed facility or an unlicensed club. The unlicensed after school club facility (we didn't choose) ended up being shut down because they hired a sex offender, and one of the kids was abused. Background checks aren't a guarantee of safety but they are mandatory in our business for a reason.

The licensing issue and contract aren't necessarily separate. Some parents, myself included, always choose licensed care because we view it as safer, higher quality, etc. When the provider didn't follow the regulations and then failed to notify about the citations, she stopped providing the standard of care OP signed up for. A judge may or may not agree but I would certainly argue it.
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Thriftylady 05:59 PM 05-10-2016
Originally Posted by spedmommy4:
I may get flamed here but I agree with this. When I had my kids in after school childcare programs, I chose licensed because I knew the staff had to pass background checks. I would be furious if I found out the person or business I entrusted to care for my children wasn't taking that regulation seriously.

My opinion is based on personal experience. When my kids were younger we had the option to go with a much more expensive licensed facility or an unlicensed club. The unlicensed after school club facility (we didn't choose) ended up being shut down because they hired a sex offender, and one of the kids was abused. Background checks aren't a guarantee of safety but they are mandatory in our business for a reason.

The licensing issue and contract aren't necessarily separate. Some parents, myself included, always choose licensed care because we view it as safer, higher quality, etc. When the provider didn't follow the regulations and then failed to notify about the citations, she stopped providing the standard of care OP signed up for. A judge may or may not agree but I would certainly argue it.
I am not going to "flame" you. But I have seen some licensed providers who gave far worse care than some unlicensed ones (including myself). Licensing only does so much the rest is up to the parents to make sure things are as they think they should be or choose another provider. Now if the rule for background checks was broken, that is a big deal, but if the state was being slow in getting them redone (if they are redone yearly or whatever) then that is the states fault. Just not submitting them or getting them done, there is no excuse for if they were required. As far as the chemicals in reach, that is so vague. I mean someone could have set down a box of baby wipes when they got distracted when licensing came in. Without knowing the facts, it is unfair to judge.
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spedmommy4 07:48 PM 05-10-2016
Originally Posted by Thriftylady:
I am not going to "flame" you. But I have seen some licensed providers who gave far worse care than some unlicensed ones (including myself). Licensing only does so much the rest is up to the parents to make sure things are as they think they should be or choose another provider. Now if the rule for background checks was broken, that is a big deal, but if the state was being slow in getting them redone (if they are redone yearly or whatever) then that is the states fault. Just not submitting them or getting them done, there is no excuse for if they were required. As far as the chemicals in reach, that is so vague. I mean someone could have set down a box of baby wipes when they got distracted when licensing came in. Without knowing the facts, it is unfair to judge.
I completely agree with you. There are good and awful people taking care of kids in licensed, licensed exempt, and centers. I don't know about other states but here, home providers can be licensed or "trust lined." (License exempt but still background checked)

Unlike other states I've lived in, here you only get your background checked once and then you stay in the system forever. I know other places, like Oregon, it's every few years.

As a business owner, I guess I just can't imagine knowingly hiring someone who wasn't background checked. Too much liability there.

Now, it could by that the provider was stuck with no help and called her cousin or mom in to help in an emergency but if that was the case she should have explained it to the parents. It could have avoided this whole situation.
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Play Care 03:09 AM 05-11-2016
Originally Posted by spedmommy4:
I may get flamed here but I agree with this. When I had my kids in after school childcare programs, I chose licensed because I knew the staff had to pass background checks. I would be furious if I found out the person or business I entrusted to care for my children wasn't taking that regulation seriously.

My opinion is based on personal experience. When my kids were younger we had the option to go with a much more expensive licensed facility or an unlicensed club. The unlicensed after school club facility (we didn't choose) ended up being shut down because they hired a sex offender, and one of the kids was abused. Background checks aren't a guarantee of safety but they are mandatory in our business for a reason.

The licensing issue and contract aren't necessarily separate. Some parents, myself included, always choose licensed care because we view it as safer, higher quality, etc. When the provider didn't follow the regulations and then failed to notify about the citations, she stopped providing the standard of care OP signed up for. A judge may or may not agree but I would certainly argue it.


In this case the provider seems to be required by law/regulations to notify parents of the citations.
I suspect they didn't because of the lack of background checks. IMO, that is a BIG deal.

My feeling has always been that at least with licensed care there is a chance the provider will be "found" out before a tragedy. In this case, the parent realized the provider had at least one serious citation and was able to make an informed decision.
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Thriftylady 04:59 AM 05-11-2016
Originally Posted by spedmommy4:
I completely agree with you. There are good and awful people taking care of kids in licensed, licensed exempt, and centers. I don't know about other states but here, home providers can be licensed or "trust lined." (License exempt but still background checked)

Unlike other states I've lived in, here you only get your background checked once and then you stay in the system forever. I know other places, like Oregon, it's every few years.

As a business owner, I guess I just can't imagine knowingly hiring someone who wasn't background checked. Too much liability there.

Now, it could by that the provider was stuck with no help and called her cousin or mom in to help in an emergency but if that was the case she should have explained it to the parents. It could have avoided this whole situation.
Having one background check last forever seems odd to me. A lot can happen in a year, or five.
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sleepinghart 05:22 AM 05-11-2016
Originally Posted by spedmommy4:
The regulation states that providers must give parents a copy even if parents don't request it. It adds insult to injury in some cases but I believe the intent is to make sure parents are educated about the quality of care they are choosing.

~Oh, okay; thanks. In that document form LIC 9224, what is a "conference"? Is this just another way of saying any "visit" or any "citation", etc. or is a conference some kind of specialized meeting?


"Copy of licensing documents pertaining to a conference conducted by a local licensing agency management
representative and the licensee of this child care center/family child care home in which issues of noncompliance are
discussed
."
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Play Care 05:29 AM 05-11-2016
Originally Posted by Thriftylady:
Having one background check last forever seems odd to me. A lot can happen in a year, or five.
In my State (and I suspect others)if a provider/employee/family member is arrested licensing must be notified. Thankfully I haven't been in that position, but I imagine depending on the outcome of the case the provider may lose their license or in the case of an employee they can be fired.
It's all about checks and balances.
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