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Old 09-12-2015, 09:16 AM
daycare57 daycare57 is offline
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Default Supervision/2nd Floor

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!
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Old 09-12-2015, 09:21 AM
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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.
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Old 09-12-2015, 09:23 AM
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Why was a child strapped in a chair during nap time?
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Old 09-12-2015, 09:47 AM
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What do your state's regulations say about supervision?
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Old 09-12-2015, 09:58 AM
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Quote:
Originally Posted by jenboo View Post
Why was a child strapped in a chair during nap time?
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Old 09-12-2015, 12:57 PM
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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.
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Old 09-12-2015, 01:20 PM
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It's very dangerous to allow a child to sleep strapped in a seat. Or to leave them unattended in a seat at all.
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Old 09-12-2015, 01:58 PM
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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?
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Old 09-12-2015, 02:16 PM
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Quote:
Originally Posted by daycare57 View Post
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.
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.
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Old 09-12-2015, 02:21 PM
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Just live and learn. Don't strap a child in at nap time again, and don't leave unattended.

Hopefully this next week will be much better!
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Old 09-12-2015, 02:40 PM
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If a child falls asleep in anything other than an approved sleep device (crib, cot or pac n play) I must move them to an approved sleeping device. I can upstairs while all children are sleeping if I check every 15min and if I can hear them. But I couldn't leave a child in a swing or bouncer to sleep.
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Old 09-12-2015, 03:10 PM
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As provider we have to often times do more work instead of what's easy. Problem solving by trying different (safe) methods is something you could learn from this incident.
I'm going to sound harsh but in this case you deserve a deficiency. I don't think leaving a child unsupervised while strapped in a chair was very responsible and could have led to much dire consequences than a few bruises. An 18 month old died in my area because he was strapped in an infant car seat and left unattended. You said you could hear the child but the problem is if the child started to strangle she wouldn't be able to make a sound. So being able to hear her was no protection whatsoever.
That said, I hope you don't take this an mean spirited. I also hope you register and join the board. You will gain a wealth of information, ideas and new ways to solve problems including strategies to use with the non-napping/screaming child.
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Old 09-12-2015, 04:00 PM
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Quote:
Originally Posted by daycare57 View Post
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.
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Old 09-12-2015, 05:58 PM
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Quote:
Originally Posted by jenboo View Post
I'm almost positive letting a child sleep anywhere but in an approved crib or pack and play is illegal in every state.
PNPs aren't even legal in my state. Infants have to sleep in crib and children 1+ have to sleep on a cot, mat, or in a bed.
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Old 09-13-2015, 04:32 AM
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Quote:
Originally Posted by jenboo View Post
I'm almost positive letting a child sleep anywhere but in an approved crib or pack and play is illegal in every state.
The OP said CCL, I'm wondering if she's even from the U.S.? I know Canadian providers have fewer regulations than we do and don't need the trainings many of us have to take (ie: safe sleep)

I know some find it hard to believe, but many, many people do not realize how dangerous it is for children to sleep in "devices" especially when those items are marketed for sleep.
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Old 09-13-2015, 08:24 AM
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Originally Posted by Play Care View Post
The OP said CCL, I'm wondering if she's even from the U.S.? I know Canadian providers have fewer regulations than we do and don't need the trainings many of us have to take (ie: safe sleep)

I know some find it hard to believe, but many, many people do not realize how dangerous it is for children to sleep in "devices" especially when those items are marketed for sleep.
I think by CCL she meant Child Care Licensing or Community Care Licensing. That's what it is called here in Cali.
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Old 09-15-2015, 06:57 AM
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Default Texas Minimum Standards for Infants

Sorry not to reply sooner, but to clarify, I live in Texas. I have cut and pasted most of the rules we have in our minimum standards for Infant Care. I'll post the supervision rule in a few minutes. Basically I wanted you all to see that there is absolutely nothing in our standards that says an infant cannot sleep in any type of infant or toddler seat. I am very sad to hear of deaths in infant devices and honestly cannot understand how they happen. I have been registered with the state since 1984 with no major deficiencies or injury reports, ever. My nephew died of SIDS when I was 13 so I don't have to tell you all how that changed my perspective of a child's life. His brother died at 16 in a car accident and my step-nephew died at 8 in an ATV accident. Sadly the accidents were preventable, so I am determined to avoid any type of accident here. The rocker Ella was in is designed for infants and toddlers. Her feet did not touch the floor and the rocker is designed to tilt back. The ads for it say an infant or toddler can use it to sleep, and as you will see below, there is no rule at all saying I cannot use it at nap time.
I appreciate the comments and hope this clears up some of the questions.
I was cited for supervision, being on the 2nd floor, not anything to do with where she was or that she was in the rocker.

Texas Minimum Standards
Subchapter H, Basic Care Requirements for Infants

§747.2301 What are the basic care requirements for infants?
Basic care for infants must include:
(1) Individual attention given to each child including playing, talking, cuddling, and holding; (2) Holding and comforting a child who is upset;
(3) Prompt attention given to physical needs, such as feeding and diapering; (4) Talking to children as they are fed, changed, and held, such as naming objects, singing, or saying rhymes; and (5) Ensuring objects less than 1 and 1/4 inches in diameter are kept out of the reach of children younger than three years.
• Objects, materials and toys less than 1 and ¼ inches in diameter can be stored in places where children of certain age groups may not have access to them.
• 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.

747.2303 How must I arrange the space where I care for infants?
The room arrangement of the infant care area must:
(1) Make it possible for caregivers to see and/or hear infants and be able to intervene when necessary; (2) Include safe, open, floor space for floor time play; (3) Have cribs far enough apart so that one infant may not reach into another crib; and (4) Provide caregivers enough space to walk and work between cribs, cots, and mats.
Infants need calm environments away from the stimulation of older children. This also reduces the risk of infectious respiratory diseases. Placing cribs far enough apart to prevent one child from reaching into the crib of another child protects the safety of the infants. This spacing also reduces the likelihood of transmission of infectious respiratory diseases spread by large droplets generated by a sneeze or cough, and can be effective in controlling the spread of other infectious diseases in the child care environment.

747.2305 What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following: (1) An individual crib for each non-walking infant; (2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant; (3) A sufficient number of toys to keep the children engaged in activities. Recommendation: A chair or rocker allows the caregiver to hold, rock, comfort, talk, sing, and read to infants in an intimate, nurturing manner. It also provides a place for a mother to breastfeed her child.

747.2307 Must the equipment I use for infants be equipped with safety straps?
If you use high chairs, swings, strollers, infant carriers, rockers, and bouncer seats or similar types of equipment, they must be equipped with safety straps that must be fastened whenever a child is using the equipment.

§747.2309 What specific safety requirements must my cribs meet?
(a) All cribs must have: (1) A firm, flat mattress that snugly fits the sides of the crib. The mattress must not be supplemented with additional foam material or pads; (2) Sheets that fit snugly and do not present an entanglement hazard; (3) A mattress that is waterproof or washable; (4) Secure mattress support hangers, and no loose hardware, or improperly installed or damaged parts; (5) A maximum of 2 3/8 inches between crib slats or poles; (6) No corner posts over 1/16 inch above the end panels; (7) No cutout areas in the headboard or foot board that would entrap a child’s head or body; (8) Drop gates, if present, which fasten securely and cannot be opened by a child; and (9) Documentation that each crib meets the applicable federal rules at Title 16, Code of Federal Regulations, Parts 1219 or 1220, concerning “Safety Standards for Full-Size Baby Cribs” and “Safety Standards for Non-Full-Size Baby Cribs,” respectively, or documentation that each crib is a medical device listed and registered with the U.S. Food and Drug Administration. (b) You must sanitize each crib when soiled and before another child uses the crib. (c) You must never leave a child in a crib with the drop gate down.
• Research shows more babies die in incidents involving cribs than with any other piece of nursery equipment.
• If a soda can fits easily between the slats on a crib, the slats are too wide.
• A mattress is too loose if there are more than two finger widths between the edge of the mattress and the crib side.
• Cribs manufactured before 06/28/2011 may not meet the safety standards established by the Consumer Product Safety Commission (CPSC).
• Documentation that you may use to verify your crib is in compliance with CPSC regulations includes the certificate of compliance, registration card, or tracking label. You may request this documentation from the manufacturer or retailer.
• The certificate of compliance is a document that describes the crib and whether the crib complies with 16 CFR 1219 or 16 CFR 1220. The certificate includes the contact information for the importer or domestic manufacturer and the testing lab. It also lists the date and location of manufacture and testing.
• The registration card is a postage-paid form provided by the crib manufacturer. The card includes the manufacturer's name and contact information, model name, model number, and the date of manufacture.
• The tracking label is attached to the crib and contains basic information such as the date of manufacture and the source of the crib.
• You may find additional guidance on obtaining supporting documentation for your cribs on the CPSC website at http://www.cpsc.gov.
• In order to maintain the required documentation for each crib consider developing a system to easily tie the required documentation to the appropriate crib. Examples may include photographs of each crib attached to the documentation or a tracking sheet that includes information such as the date of purchase, manufacturer and model number, date of manufacture, and what documentation is on file (certificate of compliance, tracking label, or registration card).
• A crib that meets the definition of “device” in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 201(h)) is subject to regulation by the Food and Drug Administration (FDA), not CPSC.

§747.2311 Are mesh cribs or port-a-cribs allowed?
Yes. Non-full-size, portable, or mesh-side cribs are allowed, but some additional safety requirements must be followed:
(1) You must use non-full-size, portable, or mesh-side cribs according to the manufacturer’s recommendations. These cribs must also have: (A) A minimum height of 22 inches from the top of the railing to the mattress support at its lowest level;(B) Mesh openings that are 1/4 inch or less; (C) Mesh which is securely attached to top rail, side rail, and floor plate; and (D) Folded sides that securely latch in place when raised; (2) You must never leave a child in a mesh-sided crib with a side folded down.

§747.2315 Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics, must not be used in your child-care home: (1) Baby walkers;(2) Baby bungee jumpers;(3) Accordion safety gates;(4) Bean bags, waterbeds, and foam pads used as sleeping equipment; and (5) Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.
• Baby walkers present a hazard due to risk of falls down stairs or steps, and tipping over thresholds or carpet edges. They provide infants accessibility to potentially hot surfaces such as oven doors, heaters, and fireplaces; containers of hot liquids such as coffee, soup, or cooking oils; dangling appliance cords; poisonous plants, hazardous substances, and buckets, toilets, or other containers of water.
• Baby bungee jumpers are not appropriate for use in a group setting. A caregiver, alone with children of mixed ages to supervise, would not be able to provide the one-on-one supervision this type of equipment requires, if they are to be used safely.
• Accordion gates with large V-shaped openings along the top edge and diamond shaped openings between the slats present entrapment and entanglement hazards resulting in strangulation, choking, or pinching to children who try to crawl through or over the gate.
• Examples of items that present a choking hazard for infants and toddlers include coins, balloons, safety pins, marbles, Styrofoam © and similar products, and sponge, rubber, or soft plastic toys.
• Studies on SIDS support eliminating soft bedding materials, sleep positioning devices, and stuffed toys used for children under twelve months.

747.2317 What activities must I provide for infants?
Activities for infants must include at least the following: (1) Daily opportunities for outdoor play as weather permits; (2) Opportunities to explore outside the crib or other confining equipment multiple times during each day;(3) Opportunities for reaching, grasping, pulling up, creeping, crawling, and walking in a safe, clean, uncluttered area;(4) Opportunities for visual stimulation through nonverbal communication. Examples of age-appropriate equipment include large pictures of faces and familiar objects, simple, soft, washable books and toys, unbreakable mirrors or mobiles attached to cribs visible from the baby’s position, and brightly patterned crib sheets;(5) Opportunities for auditory stimulation. Examples of age-appropriate equipment or activities include verbal communication, soothing music, and musical or sounding toys;(6) Opportunities for sensory stimulation. Examples of age-appropriate equipment include surfaces, fabrics, textured toys, or washable dolls, and toy animals; (7) Opportunities for small-muscle development. Examples of age-appropriate equipment or activities include busy boxes, rattles, teethers, grasping toys, shaking or squeezing toys, or cloth toys; and (8) Opportunities for large-muscle development. Examples of age-appropriate equipment or activities include blankets or quilts for floor time, crib and play gyms, variety of light-weight balls, or pillows or supportive equipment for those learning to sit up.
A chance to play outdoors every day helps keep children healthy. Fresh air in a large space contains fewer germs. Outdoor play also provides a wider variety of opportunities for sensory stimulation through sounds, smells, and textures and is supported by the National Association for the Education of Young Children (NAEYC).


§747.2323 Must I provide a regularly scheduled nap,time for infants?
Yes. Each infant must have a nap period that: (1) Allows the infant to maintain his or her own pattern of sleeping and waking periods; and (2) Allows the caregiver to supervise the infant according to §747.1503 of this title (relating to What does Licensing mean be “supervise children at all times”?).

§747.2325 How long are infants allowed to remain in their cribs after awakening?
An infant may remain in the crib or other confining equipment for up to 30 minutes after awakening, as long as the infant is content and responsive.
Exploring outside of the crib gives infants freedom of movement, which cannot be met in swings, infant carriers, strollers, or otherwise physically limiting equipment.

747.2327 Are infants required to sleep on their backs?
Infants not yet able to turn over on their own must be placed in a face-up sleeping position, unless the child’s parent presents written documentation from a health-care professional stating that a different sleeping position is allowed or will not harm the infant.
• Sudden Infant Death Syndrome (SIDS), the sudden and unexplained death of an infant, is the major cause of death in babies between 1 and 4 months old. After 30 years of research, scientists still cannot find a cause for SIDS; however, research has found the risk of SIDS may be reduced by placing a healthy infant on his or her back to sleep.
• If the infant was born with a birth defect, often spits up after eating, or has a breathing, lung or heart problem, a doctor or nurse may recommend a different sleep position to use.
• Providing “tummy time” several times each day is important because it prepares infants for the time when they will be able to slide on their bellies and crawl. The caregiver needs to stay near and closely supervise the infant during tummy time.

§747.2328. May I swaddle an infant to help the infant sleep?
No. You may not lay a swaddled infant down to sleep or rest on any surface at any time.

§747.2329 If an infant has difficulty falling asleep, may I cover the infant’s head or crib?
No. Infants must not have their heads, faces, or cribs covered by items such as blankets, linens, or clothing at any time.

§747.2331 Must I share a daily report with parents for each infant in my care?
No, you are not required to provide a daily written report to the child’s parent.
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Old 09-15-2015, 07:17 AM
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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.
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Old 09-15-2015, 07:32 AM
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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.
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Old 09-15-2015, 07:43 AM
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• 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.

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.




(1) Make it possible for caregivers to see and/or hear infants and be able to intervene when necessary;

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.


747.2305 What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following: (1) An individual crib for each non-walking infant; (2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant;

While you may have had a crib, cot or bed for her you weren't utilizing it which would probably lead the inspector to think you didn't have the proper equipment. In addition there are sp civic rules for cribs, mats and portable cribs which elude to them being the only thing allowed for young children to sleep in. Of course they don't say that specifically though.


§747.2315 Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics, must not be used in your child-care home: (1) Baby walkers;(2) Baby bungee jumpers;(3) Accordion safety gates;(4) Bean bags, waterbeds, and foam pads used as sleeping equipment; and (5) Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.

747.2323 Must I provide a regularly scheduled nap,time for infants?
Yes. Each infant must have a nap period that: (1) Allows the infant to maintain his or her own pattern of sleeping and waking periods; and (2) Allows the caregiver to supervise the infant according to §747.1503 of this title (relating to What does Licensing mean be “supervise children at all times”?).


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. 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.
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Old 09-15-2015, 07:53 AM
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You said you don't understand how deaths in infant devices happen. When children are too large for a device or are in a device not suited for sleep they can use their weight to manipulate the device more than a smaller child. They can tip the device causing themselves to be trapped under it, they can wiggle enough that they reposition themselves in the device making the positioning straps come in contact with their necks causing them to strangle. When they're too old for a device they can get their arms under straps and cause strangulation just by trying to get out of the device. There are so many things that can happen when a child is restrained in a device and left without visual supervision.

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.
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Old 09-15-2015, 08:09 AM
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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.
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Old 09-15-2015, 09:14 AM
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Originally Posted by jenboo View Post
I'm almost positive letting a child sleep anywhere but in an approved crib or pack and play is illegal in every state.
The only regulations my state has for sleeping is in regards to a child UNDER age 12 months. Over 12 months and I can let them sleep on the sofa if I wanted.
Children 12 months and older are also considered toddlers not infants here.
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Old 09-15-2015, 09:28 AM
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I'm sorry this happened to you but I fully believe you were not supervising properly as the child was able to lose her pacifier, twist and try hard enough to reach it and then tip over before you saw it or noticed it. I don't think you "refused" to provide supervision so I don't agree with the wording of your citation but I agree that proper supervision was not used.

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Originally Posted by daycare57 View Post
747.2305 What furnishings and equipment must I have available for the infants?
Furnishings and equipment for infants must include at least the following: (1) An individual crib for each non-walking infant; (2) An individual crib, cot, bed, or mat that is waterproof or washable for each walking infant.
The regulations say a crib, a cot, a bed or a mat. It does not say a rocker chair or any other infant device.


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Originally Posted by daycare57 View Post
747.2307 Must the equipment I use for infants be equipped with safety straps?
If you use high chairs, swings, strollers, infant carriers, rockers, and bouncer seats or similar types of equipment, they must be equipped with safety straps that must be fastened whenever a child is using the equipment..
I interpret the above as equipment used while the child is awake not sleeping. Using straps for napping would not be acceptable from my understanding.


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Originally Posted by daycare57 View Post
§747.2315 Are specific types of equipment prohibited for use with infants?
Yes. The following list of equipment, identified as unsafe for infants by the Consumer Product Safety Commission and the American Academy of Pediatrics, must not be used in your child-care home: (1) Baby walkers;(2) Baby bungee jumpers;(3) Accordion safety gates;(4) Bean bags, waterbeds, and foam pads used as sleeping equipment; and (5) Soft or loose bedding, such as blankets, sleep positioning devices, stuffed toys, quilts, pillows, bumper pads, and comforters, must not be used in cribs for children younger than 12 months of age.
Was the rocker chair she was in made of foam or foam pads?
If so the regulations above say you cannot use it.
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Old 09-15-2015, 09:29 AM
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§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.
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Old 09-15-2015, 10:11 AM
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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.
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.
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Old 09-15-2015, 10:11 AM
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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.
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Old 09-15-2015, 10:14 AM
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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 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.
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Old 09-15-2015, 10:19 AM
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Originally Posted by littletots View Post
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.
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Old 09-15-2015, 10:19 AM
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Different child, different provider, same excuse, same scenario.

I feel like we just did this yesterday. Only the thread was called "Car seat death".
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Old 09-15-2015, 10:40 AM
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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.
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Old 09-15-2015, 11:06 AM
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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)

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.
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Old 09-15-2015, 11:09 AM
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Originally Posted by daycare57 View Post
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 best
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.
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Old 09-15-2015, 11:19 AM
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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.
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Old 09-15-2015, 11:42 AM
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Originally Posted by cat herder View Post
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!!!!!!
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Old 09-15-2015, 11:46 AM
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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.

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Old 09-15-2015, 11:46 AM
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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!!!!
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!!
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Old 09-15-2015, 11:47 AM
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wow, this is crazy!!!!!!
Explain how.
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Old 09-15-2015, 11:49 AM
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wow, this is crazy!!!!!!
All of us here agree. So glad you do too.
Now, let's move past how lucky you were that the toddler sleeping in a rocking chair didn't die and figure out a way to get them to sleep daily on an approved safe sleep environment. :-)

Any suggestions, veteran providers?
I suggest placing her to sleep each time on her back. While still awake. Hand her her paci if needed and walk away.
Next?
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Old 09-15-2015, 11:52 AM
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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!!!

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Old 09-15-2015, 11:53 AM
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These directions straight from the manufacturer of the chair explain part of what you did in clear detail. I'm just surprised they only cited you for improper supervision.
I don't think anyone on here is trying to be mean. We are trying to tell you that you made a mistake, you asked our opinion. We've all made mistakes. In this forum we try our best to use the advice of others not to make mistakes or to avoid making them in the future.
If you don't want to grow and learn from this experience we can't make you.
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Old 09-15-2015, 11:54 AM
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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!!!
No Member Here Let A Child Die.
Calm down. Accept the advice you're being given.

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Old 09-15-2015, 11:54 AM
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I agree not comparable, but I would let it go at this point because doesn't sound like you'd win. I looked at those and still looks inappropriately small for a 1 yr old, and probably goes by weight. Why the child tipped over sounds like.

If you have to go to the bathroom etc. I would say the pnp is a much better choice. I've had things happen when I was right there, but you really want to not take any chances. So what if you have a violation, don't think it's the end of the world.
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Old 09-15-2015, 11:54 AM
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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???
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Old 09-15-2015, 11:56 AM
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these directions straight from the manufacturer of the chair explain part of what you did in clear detail. I'm just surprised they only cited you for improper supervision.
I don't think anyone on here is trying to be mean. We are trying to tell you that you made a mistake, you asked our opinion. We've all made mistakes. In this forum we try our best to use the advice of others not to make mistakes or to avoid making them in the future.
If you don't want to grow and learn from this experience we can't make you.
don't want to grow & learn?????? Your advice has been nasty
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Old 09-15-2015, 11:56 AM
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and what if......i must be in eyesight??? Within reach??? Are you crazy???
Sight and sound for me for the last 12 years. If I can do it, anyone can. Yes. Sight and sound from drop off of the first to pick up of the last. I'm licensed for 10. I keep 10. Every day.
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Old 09-15-2015, 12:00 PM
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No Member Here Let A Child Die.
Calm down. Accept the advice you're being given.
Look below in this thread, a member let a child die by placing them in a closet strapped improperly so it strangled. So everyone assumes I am lucky my child didn't die...really?? And what advice, a couple people said don't fight it, but most posts are just cutting me down like I'm totally stupid and not nearly as smart as they are. Had they stayed on track and not started about a child dying in a chair, I wouldn't have gotten upset!!

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Old 09-15-2015, 12:02 PM
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Sight and sound for me for the last 12 years. If I can do it, anyone can. Yes. Sight and sound from drop off of the first to pick up of the last. I'm licensed for 10. I keep 10. Every day.
Well, we are not allowed to have 10, so there must be something wrong in your state and as soon as one of your kids gets a bruise the law will be changed to less kids....really, that's what I was told!
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Old 09-15-2015, 12:03 PM
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Look below in this thread, a member let a child die by placing them in a closet strapped improperly so it strangled. So everyone assumes I am lucky my child didn't die...really?? And what advice, a couple people said don't fight it, but most posts are just cutting me down like I'm totally stupid and not nearly as smart as they are. Had they stayed on track and not started about a child dying in a chair, I wouldn't have gotten upset!!
It wasn't a member here that had the child die in the closet. There was a discussion about that provider, but it wasn't one of our members.

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Old 09-15-2015, 12:03 PM
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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!!!
Yes there are a few holy rollers on here who think their poo doesn't stink. Fact is more then a few have had violations, not that big of a deal. I don't think any member let a child die, there was a tragic accident that shouldn't have happened but that's another thread.

Ignore the less then cordial, all we can do is try to have the safest environment possible, and try to foresee unsafe conditions. I'm pretty sure many if not most have made a mistake or two.

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Old 09-15-2015, 12:03 PM
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First deep breaths.

I said we just talked about this same TOPIC yesterday. Letting a toddler sleep strapped in a chair.

Not a judgement, a fact. Millions of people still do it. It is not good. The education needs to get out there.

I am not holier than thou. I am a mother whose baby laid dead in the back room, alone, of a child care providers home for 4 hours until she noticed.

I am a childcare provider who now likes to teach this Topic

It was not a judgement. It was a statement. One that I say here a couple hundred times a year.

Show of hands who have read it from me in the last 5 years...
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Old 09-15-2015, 12:06 PM
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Well, we are not allowed to have 10, so there must be something wrong in your state and as soon as one of your kids gets a bruise the law will be changed to less kids....really, that's what I was told!
I'm allowed 12 actually. But limit myself to 10. :-)
I really hope OP takes some advice and possibly a safe sleep course. If she feels she truly didn't misuse the rocker maybe a letter to manufacturer for clarification would help everyone.
Have a great day ladies (and Dave) see you tomorrow. We are off to make nature collages.
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Old 09-15-2015, 12:07 PM
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first deep breaths.

I said we just talked about this same topic yesterday. Letting a toddler sleep strapped in a chair.

Not a judgement, a fact. Millions of people still do it. It is not good. The education needs to get out there.

I am not holier than though. i am a mother whose baby laid dead in the back room, alone of a child care providers home for 4 hours until she noticed.

i am a childcare provider who now like to teach this topic

it was not a judgement. It was a statement. One that i say here a couple hundred times a year.

Show of hands who have read it from me in the last 5 years...
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Old 09-15-2015, 12:08 PM
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First deep breaths.

I said we just talked about this same TOPIC yesterday. Letting a toddler sleep strapped in a chair.

Not a judgement, a fact. Millions of people still do it. It is not good. The education needs to get out there.

I am not holier than though. I am a mother whose baby laid dead in the back room, alone of a child care providers home for 4 hours until she noticed.

I am a childcare provider who now like to teach this Topic

It was not a judgement. It was a statement. One that I say here a couple hundred times a year.

Show of hands who have read it from me in the last 5 years...
this is the only hand I could find!
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Old 09-15-2015, 12:08 PM
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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!!!
Take a deep breath! I know you are getting upset because you feel you did nothing wrong and providers on here are not agreeing with you. The reason is not to bash you or make it out that you are a bad provider. It is to protect you in the future. You said you ave been doing daycare since the 80's and there have been hundreds of new regulations implemented since them. Some are insane and irrational and some are there because a provider like many of us here had the worst possible outcome from something that seems harmless, so the new rules are implemented to prevent future similar situations. This forum is not against you. This forum is supportive of all providers and just want what is best, because some of these crazy things that have happened over the years by providers not following regulations make the rest of our jobs sooo much harder in the long run.

Please do not take it personally and just take it as a learning experience. If the baby falls asleep in the rocker, pick her up and put her in a crib. If she cries, so be it, but even the smallest little error in judgement or use of convenience versus safety an forever change you rlife and the life of a daycare parent. We don't want that to happen to you or anyone else, so even though you are feeling ganged up on, I really encourage you to stay aart of this forum and read through the archives on this similar topic and you will understand why many of us feel the violation was warranted. You are not a bad provider and your intentions were pure, but the violation is an indication that you will need to change a small part of how you do things and it is as simple as putting baby on her back in bed for naps versus the rocker. Best of luck to you and keep us posted on how it all turns out!

Last edited by Blackcat31; 09-15-2015 at 12:12 PM.
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Old 09-15-2015, 12:10 PM
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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.
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Old 09-15-2015, 12:19 PM
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don't want to grow & learn?????? Your advice has been nasty
My advice has been truthful. I think you're more upset because you didn't get the answer that you desired and are maybe starting to understand why you were cited.
There have been several "ah ha" moments for me on these boards. Suggestions I would have never thought of but should have, wonderful suggestions I would have never even considered and wouldn't have the resources come up with on my own.
You asked for advice and you got it. When several people try to nicely explain to you why you're in the wrong but you continue to give excuses some people are going to take it up a notch and not try to be as nice about why you're in the wrong. Especially when it concerns safety and safe sleep practices.
Now that you have been shown that the manufacturers directions clearly say that the restraint system is not supposed to be used when the child is able to climb in and out of the rocker and that the recline isn't supposed to be used once they can sit up unassisted I hope you're able to see why you were cited.
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Old 09-15-2015, 02:35 PM
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Read up on POSITIONAL ASPHYXIA.

I'm 61 and started babysitting at 12. I've always had a baby on my hip since then. I've had an in-home daycare for over 30 years. I'm very guilty of letting babies sleep in swings, car seats, bouncers, etc over the years. My 19 yo granddaughter slept in her infant seat a lot due to sinus issues when she was a tiny infant, under her dr's advice. My grandson's dr said to NEVER allow him to sleep in an infant car seat unless it was in a moving vehicle, swing, or stroller. We assumed it was because he was so tiny. I had never heard of positional asphyxia until I started reading here a few years ago. I no longer allow sleeping anywhere but a PNP for infants, toddlers sleep where I can see them at all times. Older kids sleep on mats in the playroom, but I have a camera and watch.

We live and learn. You felt what you were doing was safe. I probably would have felt the same way years ago. There is no way that I would go upstairs and leave a sleeping child downstairs anymore.
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Old 09-15-2015, 02:49 PM
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What bothers me more than anything is that you heard her wake up and didn't check on her. I am in Texas and only care for infants myself. I have two of those rockers plus a variety of other equipment. I wouldn't leave my babies unattended in anything except a crib. What if the baby quieted down because she choked to death when you thought she went to sleep. This story could have a tragic ending. I would let it be a lesson.
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Old 09-15-2015, 02:59 PM
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You are so lucky that you didn't have a death. A one year old is not an infant by seat standards and you are so lucky she didn't get entrapped in the harness and die. Obviously she was able to overturn it. There are numerous cases across the US and Canada where a one year old has died being strapped into seats and overturned them. The first day of daycare is the riskiest for death and the first week. You don't know the kid and it's skill set. You don't know what they can do.

Take the citation and thank the lord you aren't in jail right now with a manslaughter charge. If you have so much experience you should know how crazy dangerous what you did is. You need to educate yourself on deaths in.child care and positional asphyxiation.

You are the luckiest provider I know.
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Old 09-15-2015, 03:02 PM
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http://m.kcci.com/news/baby-seat-str...-care/35198576
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Old 09-15-2015, 03:05 PM
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http://m.richmond.com/news/local/cen....html?mode=jqm
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Old 09-15-2015, 04:59 PM
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You are so lucky that you didn't have a death. A one year old is not an infant by seat standards and you are so lucky she didn't get entrapped in the harness and die. Obviously she was able to overturn it. There are numerous cases across the US and Canada where a one year old has died being strapped into seats and overturned them. The first day of daycare is the riskiest for death and the first week. You don't know the kid and it's skill set. You don't know what they can do.

Take the citation and thank the lord you aren't in jail right now with a manslaughter charge. If you have so much experience you should know how crazy dangerous what you did is. You need to educate yourself on deaths in.child care and positional asphyxiation.

You are the luckiest provider I know.


I'm sure that you must feel attacked by the strong criticism you are receiving. However, consider it a gift. I bet you never make that mistake again. By posting here you learned something that may very well save the life of a baby in your care.
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Old 09-15-2015, 05:02 PM
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First deep breaths.

I said we just talked about this same TOPIC yesterday. Letting a toddler sleep strapped in a chair.

Not a judgement, a fact. Millions of people still do it. It is not good. The education needs to get out there.

I am not holier than though. I am a mother whose baby laid dead in the back room, alone of a child care providers home for 4 hours until she noticed.

I am a childcare provider who now like to teach this Topic

It was not a judgement. It was a statement. One that I say here a couple hundred times a year.

Show of hands who have read it from me in the last 5 years...
I am so sorry you went through that. My heart breaks for you. I can't imagine. Hopefully your story will make providers think twice about doing something that seems so harmless, that can actually be deadly.
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Old 09-15-2015, 07:31 PM
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Originally Posted by cat herder View Post
first deep breaths.

I said we just talked about this same topic yesterday. Letting a toddler sleep strapped in a chair.

Not a judgement, a fact. Millions of people still do it. It is not good. The education needs to get out there.

I am not holier than though. i am a mother whose baby laid dead in the back room, alone of a child care providers home for 4 hours until she noticed.

i am a childcare provider who now like to teach this topic

it was not a judgement. It was a statement. One that i say here a couple hundred times a year.

Show of hands who have read it from me in the last 5 years...
👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻
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Old 09-15-2015, 07:41 PM
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Sight and sound for me for the last 12 years. If I can do it, anyone can. Yes. Sight and sound from drop off of the first to pick up of the last. I'm licensed for 10. I keep 10. Every day.
I've worked in several states... many were sight & sound and I have been licensed for 7 at the highest (here it's 4 because I do babies only) - I still have everyone of my babies in same room with me to this day.
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Old 09-15-2015, 07:42 PM
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Old 09-15-2015, 07:53 PM
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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.

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.
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Old 09-15-2015, 08:07 PM
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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.

Op could you post the actual citation please?
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Old 09-16-2015, 10:43 AM
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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.
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Old 09-16-2015, 10:48 AM
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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?
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Old 09-16-2015, 10:52 AM
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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.

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.
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Old 09-16-2015, 11:51 AM
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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?
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Old 09-16-2015, 11:54 AM
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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.

I could copy and paste BUT I am trying to give the OP a chance to do so herself.
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Old 09-16-2015, 12:00 PM
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How would they know it had been 1.5 hours before she was up-righted?
You got me. I asked myself the same question while reading.

I would HOPE the inspector didn't just sit there with a stop watch Can you imagine?

Again, this may not be the same case.
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Old 09-16-2015, 12:02 PM
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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.

I could copy and paste BUT I am trying to give the OP a chance to do so herself.
Now I'm even more curious. PM?
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Old 09-16-2015, 12:06 PM
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I think I found the one everyone is referring to except this child was injured a lot more than a couple of bruises and the citation states something to the effect that the provider heard the child crying but since it wasn't a distress cry she didn't check on the child. This report also says 1.5 hours and going to the second floor, maybe it wasn't the same provider but it's sure pretty coincidental.
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Old 09-16-2015, 12:10 PM
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I hope OP responds. I sure hope she knows we are only trying to help.
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Old 09-16-2015, 12:11 PM
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I am trying to give the OP a chance to do so herself.
Sorry.

Backing out.
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Old 09-16-2015, 12:13 PM
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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?
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Old 09-16-2015, 12:16 PM
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Originally Posted by Cat Herder View Post
Sorry.

Backing out.
Lol. Me too. I've actually lost sleep because of this. Worried about the use of this chair. Ugh. Hiding for a while.
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  #82  
Old 09-16-2015, 12:17 PM
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Originally Posted by daycare57 View Post
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.
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Originally Posted by nanglgrl View Post
I think I found the one everyone is referring to except this child was injured a lot more than a couple of bruises and the citation states something to the effect that the provider heard the child crying but since it wasn't a distress cry she didn't check on the child. This report also says 1.5 hours and going to the second floor, maybe it wasn't the same provider but it's sure pretty coincidental.
Wondering how a provider would know a child's cry if they were new to care?

I have a little guy that I am still getting to know and he is here daily M-F and has been since early Spring.
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Old 09-16-2015, 12:18 PM
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Sorry.

Backing out.
No worries Cat. I was just imploring the OP to clarify the citation. Texas is one of the State's I'm quite familiar with. Their searchable database is easily searched and the phrases she used in the first post are only found in one citation. That citation has an identical story but it is way way more specific.
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Old 09-16-2015, 12:22 PM
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Was this self-reported by the provider? I haven't searched for it yet.
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Old 09-16-2015, 12:27 PM
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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.
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Old 09-16-2015, 12:29 PM
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No worries Cat. I was just imploring the OP to clarify the citation. Texas is one of the State's I'm quite familiar with. Their searchable database is easily searched and the phrases she used in the first post are only found in one citation. That citation has an identical story but it is way way more specific.
I did the same search. I wanted to give the benefit of the doubt. I remember how horribly worded some of those things can be.

Back in the day I had one that said "toxic chemical in reach of children". I was mortified, convinced I'd lose all my clients because of the terror mongering language of the citation.

Truth: I answered the door with a wet baby in my arms, fresh out of the tub after a "blowout". Water still draining. On the ledge of the tub was still the bottles of Johnson's head to toe and baby oil. I had no potty trainers enrolled at the time, infants only.

Baby oil is considered a toxic chemical. I did not know that until I saw the citation. Drama citations happen.
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Old 09-16-2015, 02:40 PM
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I did the same search. I wanted to give the benefit of the doubt. I remember how horribly worded some of those things can be.

Back in the day I had one that said "toxic chemical in reach of children". I was mortified, convinced I'd lose all my clients because of the terror mongering language of the citation.

Truth: I answered the door with a wet baby in my arms, fresh out of the tub after a "blowout". Water still draining. On the ledge of the tub was still the bottles of Johnson's head to toe and baby oil. I had no potty trainers enrolled at the time, infants only.

Baby oil is considered a toxic chemical. I did not know that until I saw the citation. Drama citations happen.
My sis' first citation (she's had 2 in 22 years), was "failure to report the death or injury of a child"

Kiddo boinked head playing, sis kept an eye on him, mom came shortly afterwards (it happened after nap). Told mom, said he was acting fine, but mom said "well, I'll just take him by the doc's on the way home and see what he thinks". Doc said "no problem..nothing to do..he's fine".

Because mom sought "medical advice", even though the medical advice was "nothing's wrong", she SHOULD have sent in an injury report (we only report injuries that required a doctor's advice, others are just logged).

My sister accidently "self reported" this when her licenser came by a few weeks later, and they cited her. Ok, whatever, but this was when parents still had to call licensing to check records, and they would NOT give details. Only the citation. So...failure to report the death or injury of a child!

Luckily for her, no one ever actually called to check her record, apparently.
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Old 09-16-2015, 02:52 PM
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My sis' first citation (she's had 2 in 22 years), was "failure to report the death or injury of a child"

Kiddo boinked head playing, sis kept an eye on him, mom came shortly afterwards (it happened after nap). Told mom, said he was acting fine, but mom said "well, I'll just take him by the doc's on the way home and see what he thinks". Doc said "no problem..nothing to do..he's fine".

Because mom sought "medical advice", even though the medical advice was "nothing's wrong", she SHOULD have sent in an injury report (we only report injuries that required a doctor's advice, others are just logged).

My sister accidently "self reported" this when her licenser came by a few weeks later, and they cited her. Ok, whatever, but this was when parents still had to call licensing to check records, and they would NOT give details. Only the citation. So...failure to report the death or injury of a child!

Luckily for her, no one ever actually called to check her record, apparently.
Yikes. I'm thinking those should be separate.
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