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Daycare Center and Family Home Forum>Does This Scare Anyone Else?
KDC 08:07 AM 05-02-2014
10 years ago, a daycare provider was found guilty of killing a baby due to shaken baby syndrome. She was given a 20 yr. sentence. She was just released due to new evidence that the baby had a pre-existing condition. The evidence was so strong it was convincing enough for a judge to over rule the original sentence. She is now free. Her children were 7 and 14... now 14 & 28. She's lost 10 whole years with her children. The DCP's lost their child forever. The whole thing makes me mad/sad. I know this is a *freak* scenario and plenty of daycare providers have wonderful careers, but it kind of scares me how much liability falls onto our shoulders, and what could really be at stake.

http://www.northwestern.edu/newscent...ill-probe.html
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Blackcat31 08:10 AM 05-02-2014
That is EXACTLY why I will only take infants of current families that I KNOW.

It is also why I am quick to suggest termination for those babies that cry ALOT because usually by the time a provider posts, she has already reached the end of her limit and rather than try to make things work for a $, I'd rather they termed and didn't put themselves in the position to ever appear or become that stressed out.

Yes, articles/stories like that remind me everyday why it's important to have a good honest open relationship with the families you work with.
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Maria2013 08:56 AM 05-02-2014
yes it scare me, a lot!
...but I've already quit SA, I can't stop infants too!.... besides, there are several other scenarios, ( involving kids of all ages) that scare me as well, when it comes to this business, so all I can do is continue doing the best I can and cross my fingers that nothing that drastic will ever happen to me
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NoMoreJuice! 09:01 AM 05-02-2014
Besides the fact that I simply am not cut out to cater to infants, and the capacity table, this is a HUGE motivating factor in my only accepting kids over 18 months. I used to watch infants, and the first few weeks I would stare at them the whole time they slept for fear of SIDS happening on my watch! I worried all the time, and what happened to that provider (because of that provider? don't know the deets) gives me nightmares.

Kudos to all of you who have the delicate nurturing and patience it requires to care for babies!
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craftymissbeth 09:09 AM 05-02-2014
There was a provider in the next county over from me who had a baby die from SIDS maybe a year or two ago. The provider was clearly at fault because she napped the baby on a comforter... but what gets me is the parents supposedly knew about the nap issues from the very beginning and apparently were afraid for their child the whole time. The provider left the baby in a water soaked diaper from swimming and the parents picked him up like that and he had a severe rash from it. The parents sued the provider and won, but aren't pursuing the money because the provider has no way to pay it.

The parents are now pushing to pass a law requiring all Kansas providers in my state to carry liability insurance.

I know these two situations are different, but it scares me so much that parents aren't held accountable for their decisions. If a parent feels weird about something I do and feel their child is in danger then they need to be running from me as fast as they can, kwim? Not just waiting to see if something bad happens.
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Play Care 09:18 AM 05-02-2014
It terrifies me! I watched a program a while back about how easy it is to confuse common child hood accidents and shaken baby (older infants crawling and bang their heads, young toddlers trying to climb on chairs and falling off, etc) as well as pre-existing conditions, etc.
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LadyK8 09:22 AM 05-02-2014
Wow! This definitely scares me.

I'm in the midst of interviewing a family with a 3-month old. If they enroll, I will not be taking anymore babies.
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Christina72684 09:29 AM 05-02-2014
We have 4 babies under a year, and they do require a lot of work, but we are extra careful with them. Last year a 2yr old boy went into a room used for napping only (not supposed to go in there otherwise), was in there maybe 30 seconds, and came out with his mouth bleeding. We have no clue what he swallowed and he doesn't talk very well so he couldn't tell us. He ended up having to have surgery to fix his throat bc whatever he swallowed scratched it.

Just goes to show that all kids can get hurt and we have to keep a close eye out on all of them.
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daycarediva 09:37 AM 05-02-2014
Originally Posted by NoMoreJuice!:
Besides the fact that I simply am not cut out to cater to infants, and the capacity table, this is a HUGE motivating factor in my only accepting kids over 18 months. I used to watch infants, and the first few weeks I would stare at them the whole time they slept for fear of SIDS happening on my watch! I worried all the time, and what happened to that provider (because of that provider? don't know the deets) gives me nightmares.

Kudos to all of you who have the delicate nurturing and patience it requires to care for babies!
This exactly.

I had a screamer baby, and termed immediately the day I needed to leave the room to calm down.

I WILL NOT put myself, my family and my career at risk. I have a VERY HIGH liability policy in place, that covers me even IF I am at fault. I do everything I can think of to cover my butt, because accidents happen to the best of parents/providers.

I follow Tripp Halstead on facebook. He was playing at daycare and a tree branch fell from a tree and crushed his skull. He survived, but his long term prognosis isn't great. His parents knew it was an accident and did not sue his daycare, in fact, they still keep in touch and visit her/the kids.

Now I have my trees checked and trimmed each spring, just in case. AND we also don't play outside in the back near our trees when it's windy.
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midaycare 09:39 AM 05-02-2014
I have more of a preschool setting, so parents of the 18 month month and above naturally seek me out. I'm not sure that I could handle infants and doing a preschool.

But yeah ... that scares me!
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KiddieCahoots 09:41 AM 05-02-2014
My trouble'd family that I've posted about a lot were an accident waiting to happen. Many health issues that the parents were in complete denial about.
During the initial interview, I noticed they couldn't sit still with the baby, or the baby would fuss and cry.
Baby started child care at 3 months old. Right from the get go I had problems getting the baby to eat. Could only get baby to eat 2oz. a day in a 6 hour time period. Baby would scream, arch back, spit up, try to suck, then turn head away and continue screaming. I figured Reflux! My own children had it. Mom was nursing and didn't believe there to be any problem other than her diet. For six months this went on, a healthy baby born at 8lbs, gradually slipped into the 5% for height and weight. Finally when the day care children were starting to put their hands over their ears and yell "stoooppppp" when baby cried, I told the parents something had to be done, or I would terminate. Baby got on reflux medication and was a different baby.
Unfortunately feeding issues continued with table foods, reverse tongue movements, and choking frequently, due to effects of reflux. EI was assigned for 8 months. After EI discharged, child regressed and started choking again.
Stressed the safety issue again, told them to work on strengthening simple informal learning, or we could no longer work together.
They turned around and left stating I could no longer keep their child safe.
After working and helping this family with Reflux, choking, and several other health issues that I proved to be correct about, over and over again.
They turned it all around onto me. So....yes! This really concerns me too.
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countrymom 10:39 AM 05-02-2014
sometimes i wonder if parents should be charged also. There is a big thing in ontario where a child died in a homedaycare that had 25 children (we are to only have 5) and the ministry knew, the health inspectors all knew because they went to the home multiple times. But the parents kept bringing the child back.

apparently the child died because it was fed bad food, which the health inspector knew. The problem was the provider was european and spoke russian and would cook her style food and care was cheap. And yes they had that many kids in the home, and the home looked run down to boot. But none of the neighbours ever said anything. Also they have had 5 or 7 dogs too.

now the ministry wants to have a law, its a mess. But it boils down to the fact that the people that were suppose to protect the child never did their job and now the rest of us are paying the price.

yes accidents happen, but how many times do we wonder if we can't handle all the crying how do parents do it without snapping or the over medicating. Do you ever wonder if parents bring their kids all ready broken.
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TwinKristi 11:30 AM 05-02-2014
Originally Posted by craftymissbeth:
There was a provider in the next county over from me who had a baby die from SIDS maybe a year or two ago. The provider was clearly at fault because she napped the baby on a comforter... but what gets me is the parents supposedly knew about the nap issues from the very beginning and apparently were afraid for their child the whole time. The provider left the baby in a water soaked diaper from swimming and the parents picked him up like that and he had a severe rash from it. The parents sued the provider and won, but aren't pursuing the money because the provider has no way to pay it.

The parents are now pushing to pass a law requiring all Kansas providers in my state to carry liability insurance.

I know these two situations are different, but it scares me so much that parents aren't held accountable for their decisions. If a parent feels weird about something I do and feel their child is in danger then they need to be running from me as fast as they can, kwim? Not just waiting to see if something bad happens.
Is this Bryce Mosier's case? I follow them on Facebook and often wonder if the provider was on here or if anyone knew her. Karin's Kids I guess?

https://m.facebook.com/photo.php?fbi...75777959168629

While his death was labeled as SIDS by the coroner, who had no knowledge of the conditions in which he was left (face down on a blanket in heat) she was found responsible for his death in a civil suit. SIDS is a broad term and this was not SIDS. He was neglected and died of asphyxia from unsafe sleep practices.
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craftymissbeth 11:43 AM 05-02-2014
Originally Posted by TwinKristi:
Is this Bryce Mosier's case? I follow them on Facebook and often wonder if the provider was on here or if anyone knew her. Karin's Kids I guess?

https://m.facebook.com/photo.php?fbi...75777959168629

While his death was labeled as SIDS by the coroner, who had no knowledge of the conditions in which he was left (face down on a blanket in heat) she was found responsible for his death in a civil suit. SIDS is a broad term and this was not SIDS. He was neglected and died of asphyxia from unsafe sleep practices.
Yes that's who I was referring to. And yes, the provider was negligent, like I said above. But who in the world continues to take their child to a daycare that they KNOW is putting them in dangerous situations?

And no, I don't know her, but she lives 30 minutes from where I live and she's no longer a provider.
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NightOwl 01:15 PM 05-02-2014
I just posted a thread related to this called I'm ready to share my story.
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Mom2TLE 01:34 PM 05-02-2014
I am following a blog right now about a mom whose baby stopped breathing who was accused of shaking her. It's pretty religious and she is updating what happened week by week but it makes me worry, it could happen to anyone.
http://thebriareffect.blogspot.com/?m=1
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Kabob 02:03 PM 05-02-2014
After attending the new SUIDS and AHT classes and hearing the horror stories from other providers...I just have no desire to take infants for a long time if ever. I probably will lose families over it in the future but it's just not worth the stress. Every infant I've dealt with has been difficult due to parents lying about routine, feedings, sleeping, illness, medications, etc. Just not worth it...
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cheerfuldom 08:09 PM 05-02-2014
gah. I am possibly starting a newborn end of this summer. That said, I am REALLY careful about safe sleep practices and I only have one child under 12 months at a time....this baby will actually be the only one under about 15 months when/if he starts so I feel like I do have the time and attention to dedicate to him. I also have a small ratio of children.

But yes, the liability scares me. I had one mom put her special needs toddler (wasnt even crawling well yet) face down on a pillow in a pnp in my home. She wanted to put him down for nap and it was a crazy day so I said yes without thinking. checked on him right after she left and ahhhh! scared the crap out of me. I don't understand how a parent thinks putting a giant pillow inside of a pnp and putting their special needs child (fairly severe with physical and mental delays) FACE DOWN on a pillow to sleep. It was bigger than a regular bed pillow too. She grabbed it off my daughters bed. Anyway, yeah the liability is huge and it is stressful to keep kids at all. Anything can happen at any time. I had a daycare child break her arm this year and I feel bad saying it but I was SOOOO relieved it didnt happen here that that relief overwhelmed any pity I had for her upon hearing the news.
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Mom of 4 11:25 AM 05-03-2014
Originally Posted by craftymissbeth:
There was a provider in the next county over from me who had a baby die from SIDS maybe a year or two ago. The provider was clearly at fault because she napped the baby on a comforter... but what gets me is the parents supposedly knew about the nap issues from the very beginning and apparently were afraid for their child the whole time. The provider left the baby in a water soaked diaper from swimming and the parents picked him up like that and he had a severe rash from it. The parents sued the provider and won, but aren't pursuing the money because the provider has no way to pay it.

The parents are now pushing to pass a law requiring all Kansas providers in my state to carry liability insurance.

I know these two situations are different, but it scares me so much that parents aren't held accountable for their decisions. If a parent feels weird about something I do and feel their child is in danger then they need to be running from me as fast as they can, kwim? Not just waiting to see if something bad happens.
Where I live, if a parent states they felt something off about a caregiver AND continued to bring the child to care, the parent also is at fault and can get their child removed from the home and an investigation, if not taken away for poor judgment. If a parent states they thought things were fine, that's hard to prove that he/she was negligent, but for those parents who KNEW something was wrong, no way.

An old friend of mine who also was a provider won a case. Her DCG fell down and hit her head on an entertainment center corner, needing stitches. The mother said she knew this woman was "unfit provider" and tried to sue her. The judge actually asked the mother why she would leave her child in care with what she perceived as to be an unfit dcp? The mother said "I had no one else" (not a defense, btw). Upon examination of all medical evidence, and the DCP's story, it was ruled an accident and NOT negligence. (The kid simply tripped on something and fell down, could happen to ANYONE). The DCP could have turned around and sued the parents for slander/libel, but she didn't. This was a parent of a child my friend had for YEARS.

After the hearing, the MOM was investigated for neglect since her testimony stated she left her child with someone SHE believed UNFIT because she had no one else. I don't know what happened to her after that, but it goes to show at least our state knows that parents SHOULD be held liable for stuff like that. Even though the DCP was not at fault for anything, the fact was, the state questioned the mother's judgment.

All states should do that.
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llpa 02:59 PM 05-03-2014
Originally Posted by daycarediva:
This exactly.

I had a screamer baby, and termed immediately the day I needed to leave the room to calm down.

I WILL NOT put myself, my family and my career at risk. I have a VERY HIGH liability policy in place, that covers me even IF I am at fault. I do everything I can think of to cover my butt, because accidents happen to the best of parents/providers.

I follow Tripp Halstead on facebook. He was playing at daycare and a tree branch fell from a tree and crushed his skull. He survived, but his long term prognosis isn't great. His parents knew it was an accident and did not sue his daycare, in fact, they still keep in touch and visit her/the kids.

Now I have my trees checked and trimmed each spring, just in case. AND we also don't play outside in the back near our trees when it's windy.
I follow Tripp on fb too and it has changed the way we play outside as well.
I do not take infants under 12 mos just because the liability scares me so much.
It's no guarantee tho. Anything can happen no matter how careful you are.
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drseuss 03:21 PM 05-03-2014
Stories like this make me think back, and realize how much my thought process has evolved since starting in this profession. Save for a four-year hiatus, I have been providing child care in a professional capacity since 1997. Back then, I honestly never thought that SIDS was something that could happen on MY watch, or even to my own children. I was pregnant for the first time in 1997. When my kids were babies, I didn't worry that much about SIDS. In my early years as a provider, I didn't worry much about SIDS. And I sure the hell didn't think in terms of MY liability. WOW. This is coming from one of the world's biggest worry warts ever. SIDS just wasn't 'on my radar' of things to fret about.

Fast forward a few years, and our state requires classroom training for SIDS prevention. When I took my last course, the instructor told us that SIDS is something that happens far more often than people realize. It happens on the watch of the child care provider more than people hear about. It happens. That discussion was awfully thought-provoking.

The small probability that this could happen in my home is enough to scare the daylights out of me. I do take babies, but I am considering phasing out of that. People around here are so desperate to find good care for their babies, though, and once they are toddlers (2), it becomes much easier to find child care. So for me, anyway, I've got a waiting list with babies/pregnancies on it, and openings for children 2 and over.

Age, experience, etc. has taught me quite a bit about how unfair life is and how people operate when in crisis. All of this scares me. Almost enough to scare me away from what I do. The reason I started and the reason I still do this is that I know how serious the need for quality child care is, and I know how rare it is to find really high quality care. When I studied ECE in college and observed every manner of ECE environment, I knew exactly what I had to do. And that was child care. Scary? Yep. Most important profession ever? Totally yes. Not for sissies.
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KiddieCahoots 08:23 PM 05-03-2014
This whole liability discussion is going to keep me up at night.

I find it bad enough that dcp's can file bogus claims that will stay on your record, just filed as, "non findings".

And real accidents unfortunately happen, which is scary enough.

But SIDS.....and hearing from others what can happen

I, like drseuss, have the waiting list with babies only. Now I'll be investing in one or two of those monitors....Snuza?
Does anybody have a specific name brand they recommend? And how long are they good for?
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KidGrind 08:36 AM 05-04-2014
Originally Posted by countrymom:
Do you ever wonder if parents bring their kids all ready broken.
My friend had a parent try to drop of DCG with a fresh injury. Usually a lagger, that morning he literally handed her the people and left. Seconds later, my friend noticed the injury and called him back immediately.

She believes he was going to try to blame it on her. She termed.
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Second Home 06:36 AM 05-05-2014
My sister also runs a daycare . A few years ago she had an infant in her care . The baby went home one night and died in his sleep . It was ruled a sids death , very scary and sad .
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mountainside13 08:13 AM 05-05-2014
Originally Posted by daycarediva:
This exactly.

I had a screamer baby, and termed immediately the day I needed to leave the room to calm down.

I WILL NOT put myself, my family and my career at risk. I have a VERY HIGH liability policy in place, that covers me even IF I am at fault. I do everything I can think of to cover my butt, because accidents happen to the best of parents/providers.

I follow Tripp Halstead on facebook. He was playing at daycare and a tree branch fell from a tree and crushed his skull. He survived, but his long term prognosis isn't great. His parents knew it was an accident and did not sue his daycare, in fact, they still keep in touch and visit her/the kids.

Now I have my trees checked and trimmed each spring, just in case. AND we also don't play outside in the back near our trees when it's windy.
I follow Tripp too!!

The liability is scary! I worry a lot and I am very careful but even so something could happen in just a few seconds.
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Tags:liability, shaken baby syndrome, wrongly convicted
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