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Daycare Center and Family Home Forum>False Accusations By Termed DCM And State Comes To My Door
Bella9 06:40 PM 03-26-2013
hello everyone! I am new to the forum and have really loved reading the posts. Has anyone here had a termed dcf that made formal complaints against you to the state licensing office? I termed a family last week after they started showing up late nearly daily, paying late, etc and dcm made up a laundry list of fictitious complaints about my daycare home and turned me in on it.

State showed up today to investigate her lies. Nothing was founded, my investigator was disgusted by this dcm, but I am wondering is there any way to protect against this and have any of you had this happen?
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snbauser 06:52 PM 03-26-2013
Unfortunately there usually isn't a lot you can do to prevent a vindictive parent from calling other than to make sure you follow all the rules and regulations. The other thing is when you have a parent like that you should call and give your licensor a heads up that they may get a call. Although they typically have to come out anytime there is a complaint made, when they hear from you first, they know what is going on ahead of time.
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blandino 06:57 PM 03-26-2013
https://www.daycare.com/forum/showthread.php?t=55734


This happened to us last summer. Once I talked to my licensor, she explained why it was "substantiated". Because I am positive the little girls injuries did not occur with us, I kep throwing out possibilities. Like maybe she was crawling and hit her face on a toy, or maybe when the ball hit her it pushed the exersaucer toys into her face. Because I said all those possibilities, they said it was a violation of the supervision rules, since I wasn't sure what actually happened. So I should have kept my mouth shut and not offered any probable solutions, and said that due to the timeframe - that the child's injuries did not occur at the daycare.
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Unregistered 07:10 PM 03-26-2013
I had a similar situation a couple of years ago and learned from it.

First, any time you think a family is upset about something give your licensor a head's up and tell your side of the story right away.

Second, document any conversations about the child's development, behavior issues, injuries, etc. I have the parents sign all Injury Reports and keep a copy in the child's file so they can never say I didn't tell them.
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Play Care 05:33 AM 03-27-2013
Originally Posted by Unregistered:
I had a similar situation a couple of years ago and learned from it.

First, any time you think a family is upset about something give your licensor a head's up and tell your side of the story right away.

Second, document any conversations about the child's development, behavior issues, injuries, etc. I have the parents sign all Injury Reports and keep a copy in the child's file so they can never say I didn't tell them.

Call your licesnor and give the condensed version - I had to term a family for x,y,z, after I termed accusations were made, so you may get a call.

Originally Posted by :
So I should have kept my mouth shut and not offered any probable solutions, and said that due to the timeframe - that the child's injuries did not occur at the daycare.
And this! Never, ever "offer" info. I think many people think if they just explain their side then everything will be okay or people will understand when the truth is the more you say, the more rope you give to hang yourself.
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Springdaze 05:48 AM 03-27-2013
happened to me, too. yes, it can end up being unsubstantiated, but its still in your record, which stinks. I had a lady try to say that I was taking her kids for a walk when I didnt have permission and she found out because one of her kids bus drivers, he was special needs, saw me walking with kids. None were hers, it would have been impossible for me to walk with them. She also said I had no hot water and let her kid fall asleep in a pnp without a sheet. which he did, but whoopy! and it had happened months before and she didnt care until we decided it wasnt a good fit! She also came back a week after she left and said her 1 yo had ringworm the size of a softball on his leg and he must have got it from my house. um, takes a while for it to get that big and YOUR his mother, you didnt see it? no one else had it, so i dont know what to tell ya!
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Texasjeepgirl 05:57 AM 03-27-2013
2002..
I had a client leave with NO NOTICE.. had a PAST DUE BALANCE...
Payment is usually required on Friday.. in ADVANCE...
she had 2 children..missed a Friday.. didn't pay for the following week..
Missed Monday.. but called..
I mentioned payment..
yes.. tomorrow..
Came in Tuesday.. can I pay you on FRIDAY?
I was a softie back then... said sure..
didn't charge any late fee...
kids came all week till Thursday.. then guess what.. absent on Friday again..
surprise surprise...
Called on Sunday and said.. not returning...
I mentioned payment.. yes..
I'll come by and pay..
Back then I did not charge 2 week deposit..
I said.. AND.. you owe the 2 week notice payment.. so balance is blah blah...
Never saw or heard from her again..
(This was the FINAL STRAW that started me charging a 2 week deposit)
I sent REGISTERED letter for balance..
stated that I would collect..
About a week goes by...
STATE shows up at my door.. says they are there to investigate children
'having accidents' while in my care..
I said.. Accidents? what sort of 'accidents'..
Well the complaint was vague... just that children have allot of 'accidents' while here in your care..
I said.. hmm.... interesting..
I can show you all my enrollment records.. have had all of these children for awhile now... have only lost 1 client.. 2 children.. left owing large unpaid balance.. showed records...
showed copy of certified letter...
she (the investigator) smiled... asked me a few more basic questions..
and.. said.. well. you know we do have to investigate all alegations..
I said.. I do understand..

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Blackcat31 06:33 AM 03-27-2013
Here any time anyone calls and makes a complaint it warrants a visit from licensing. Even if it was just someone being mean and wanting to start something.

What I do to protect myself is document. Document EVERYTHING...even the things you don't view as an issue or things about a parent that you consider "golden" as even the golden ones will tarnish if they feel they have been wronged.

I keep written logs of ALL interaction between myself and a parent. All correspondence to a parent is required to be acknowledged by the parent so I KNOW they received the info and/or understand it and have no questions.

When I e-mail parents anything, they are required to respond to confirm the above. I then save each e-mail reply in a folder for each family.

If I am ever needing to term someone, I call my licensor FIRST before terming to give her a head's up.

I am lucky to live in an area where my licensor is easily accessible and always in support of the providers in my community.
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crazydaycarelady 07:12 AM 03-27-2013
Yes, this happened to me (in the worst possible way!)

I had a disagreement with a family over my taking Fridays off one summer (the dcd did not even work Fridays!) They called the state and reported that my 10yo son asked their just turned 2yo daughter to "suck his pee-pee handle!" I had never even heard that phrase before!

Of course the state came and of course it was unfounded. I LOVED the fact that when the state came I had 2 of dcgs cousins in care, one also a 2yo girl. Even their own family didn't buy their complaints!

Never-the-less this was a VERY stressful episode. We got a lawyer and sent a letter to the state stating that if they needed any further information to contact the lawyer. I DID NOT want them talking to my son about this drivel!

I did learn a HUGE lesson though. On the 2nd day of care for this family I knew I didn't want to do business for them anymore, yet I continued for 2 years (because I had their relatives who had recommended me!) Never again! I go with my gut from now on!
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Meeko 07:17 AM 03-27-2013
I just termed a parent for being snotty due to me telling her she couldn't bring her kids because they were over 30 days past due on their shots.

I termed her in my driveway the second she got snarky. I walked in the house and called my licensor.

That way, he'll already have a heads up if she decides to cause any trouble. She may not, but it never hurts to be proactive.
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Angelsj 05:58 AM 03-28-2013
I had a child tell me, "I am going to tell my mom you squeezed my neck!" because I walked him to time out (gently btw, he didn't really even fight the walk, he was just yelling at me the whole time.)

I termed them that day. There were MANY other issues with this family. He did tell his mom, and she reported it.
I had already spoken to my licensor about the whole thing. She visited, nothing was found, life moved on.
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jenn 06:55 AM 03-28-2013
I had a family leave last year that I knew left angry. They were only here about a month.

Their son fell of an outdoor scooter and scratched his ear. It was a small scratch, no first aid needed. Dad picked him up, it was mentioned and off they went. Mom called later to say that the boy said he fell down the stairs (we don't have any in the child care area) and I told him to go to time out when he got hurt. She said his whole ear was swollen and bruised. By a miracle, it was healed the next morning, scratch and all.

They were also mad because I locked my door during the day and they couldn't just walk in. This is my house! One day at pick up (about 2 hours earlier than their normal pick up time), they had to wait a couple of minutes before I answered the door. I was changing a diaper.

At drop off time the first week they told me that DCB had separation anxiety so dad would just plan on staying for the first hour or so everyday. um...no.

I documented everything. Every interaction where they questioned me or complained was written down. I just had a sense that they would be ones to cause problems.

When they left, I called and let my inspector know to expect a call. Never heard a word.
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Bella9 05:07 AM 03-29-2013
Yesterday, Child Protective Services showed up at my door to investigate an 'íncident' at my daycare home!! I think it was more nonsense from this disgruntled parent. All was proven unfounded, but it was still stressful. I am so sick of the invasion of my privacy and now feel that my family is vulnerable to any lies that a parent wants to create. I had to answer questions for 45 mins about something that happened, we discovered, when these children were not even in my care, but were still on my property. I was in the house, door shut and they were outside leaving already. I am getting out of the daycare business at the end of this summer and cannot wait for that day! It is so frustrating to provide what I consider to be excellent, go above and beyond, care to my dc kids only to be treated with suspicion, lies, and innuendo. Fortunately, my other families are excellent, excellent parents who love their children and treat me with great respect and courtesy. I can't help but feel that this bad parent has run me out of the daycare business, but at the same time I am not willing to put my own family in a vulnerable position. Do any of you feel that your family is unprotected against such stuff?? and how do you handle this??
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Bella9 05:17 AM 03-29-2013
My licensor is accessible, but not supportive at all. She looks hard for anything she can find to cite me for non-compliance. If she cannot find something, she spends time 'warning' me to make sure I do ________ fill in with anything! So far, I have only been cited because my daughter turned 18, and the sheriff's office has been so slow sending her fingerprints in that my paperwork is not up to date. I had them done in time and have no control over how long they take to reach the child care office, but she didn't care and cited me anyway. It would be so nice to have a supportive licensing agent. How much time do you spend documenting? Is it a daily thing, weekly??? Do you document electronically or hand write things? Do you have the parents initial all your documentation?
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dave4him 07:21 AM 03-29-2013
Least you know where it came from. I had something like that happen to me last December and it shut my daycare down for a month. Came out completely unfounded so im open again. But i still dont know who rose the stink.
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wdmmom 08:01 AM 03-29-2013
I had this happen back in 2009.

My first client at the daycare.

Family had been with me for about 8 months. Payment was due on Friday for the upcoming week. Child was scheduled for Friday but DCM took the day off. I reminded her of payment due and she said she'd swing it by Saturday after work. Saturday came and went...no payment. On Sunday I got a text from her telling me that one of DCD's friends is doing daycare now and much closer to where they live. I reminded her that I only accept notices on Friday and I'd calculate her balance.

Monday DCM drops off, writes me a check and goes to work. DCD picks DCG up and said they are wanting all her belongings, that she is starting the new daycare the next day and the balance of the check should cover everything. The check written was only for $210. (The extra $100 was my accrued time off I hadn't taken.)

I had to scramble to get dcg's things together and told dcd specifically that I hadn't had time to clean the bottles because I do that after hours. He didn't mind, said he'd wash them at home. I packed up girls things and they left.

2 days later I get a long email from dcd about how dcm accused me of not properly caring for their daughter, how her diaper rash was exacerbated by me not changing her every 1-2 hours and that the bottles I sent home had mold in them. He informed me that no additional payment would be made and that if I attempted to contact them or collect, they'd contact the police. (I had to laugh at that one. The police don't care about civil issues.)

Then about 2 days later, Child Protective showed up at my door. I had a hunch they were coming. As soon as she walked in the door, I pulled dcg's file, showed the balance they owed and the check they stopped payment on. She knew right away it was a disgruntled former client that was on a high horse because of money and not because of child endangerment. She asked me what year my home was build (at the time it was only 16 years old), we don't live in a flood plain or near water and she asked to see the other infant bottles. No mold.

Apparently dcd provided pictured to Child Protective of the so called bottles and yes, there was mold in them but as I had mentioned to them, how do you know that those are the same 2 bottles that were here. How do you know they didn't find those out in the car or under a couch?

In the end, I got the last because it was quite easy to discredit the validity of the claim.
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MissAnn 02:15 PM 03-29-2013
Originally Posted by wdmmom:
I had this happen back in 2009.

My first client at the daycare.

Family had been with me for about 8 months. Payment was due on Friday for the upcoming week. Child was scheduled for Friday but DCM took the day off. I reminded her of payment due and she said she'd swing it by Saturday after work. Saturday came and went...no payment. On Sunday I got a text from her telling me that one of DCD's friends is doing daycare now and much closer to where they live. I reminded her that I only accept notices on Friday and I'd calculate her balance.

Monday DCM drops off, writes me a check and goes to work. DCD picks DCG up and said they are wanting all her belongings, that she is starting the new daycare the next day and the balance of the check should cover everything. The check written was only for $210. (The extra $100 was my accrued time off I hadn't taken.)

I had to scramble to get dcg's things together and told dcd specifically that I hadn't had time to clean the bottles because I do that after hours. He didn't mind, said he'd wash them at home. I packed up girls things and they left.

2 days later I get a long email from dcd about how dcm accused me of not properly caring for their daughter, how her diaper rash was exacerbated by me not changing her every 1-2 hours and that the bottles I sent home had mold in them. He informed me that no additional payment would be made and that if I attempted to contact them or collect, they'd contact the police. (I had to laugh at that one. The police don't care about civil issues.)

Then about 2 days later, Child Protective showed up at my door. I had a hunch they were coming. As soon as she walked in the door, I pulled dcg's file, showed the balance they owed and the check they stopped payment on. She knew right away it was a disgruntled former client that was on a high horse because of money and not because of child endangerment. She asked me what year my home was build (at the time it was only 16 years old), we don't live in a flood plain or near water and she asked to see the other infant bottles. No mold.

Apparently dcd provided pictured to Child Protective of the so called bottles and yes, there was mold in them but as I had mentioned to them, how do you know that those are the same 2 bottles that were here. How do you know they didn't find those out in the car or under a couch?

In the end, I got the last because it was quite easy to discredit the validity of the claim.
Did you ever get the money they owed?
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Bella9 07:09 AM 03-31-2013
Thank you everyone for your replies. After reading some of the things you have all had to deal with I thank God for the blessing of my other families who are all fantastic. This was a very difficult 2 weeks for me with the termination, the childcare office visit, and the CPS visit. UGH! Glad it is all over with. It has been difficult to squelch the desire to retaliate on that horrible mother who doesn't care about anything but getting rid of her kid as many hours as possible in a week. I felt very burned by the whole thing, but will get over it soon I'm sure. Thanks for all your input and advice. I will begin documenting EVERYTHING starting tomorrow.
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PolkaTots 07:29 AM 03-31-2013
This has happened to me, and most providers I know. Unfortunately, being in this business...it's kind of par for the course. Eventually if you do this long enough, you are bound to come across a disgruntled parent that feels the need to file a false claim. I had one last Spring (said I frequently left the kids all by themselves and ran errands) and the worker knew it was ridiculous and unfounded. I have been registered for 5 years and have multiple accredidations. (Come to find out, it was a fellow provider that was jealous that I was always fully enrolled and hoped to get me shut down) 6 months later I recieved a note for my file saying that it was a false report and no action was to be taken. So try not to worry. If you are following the rules, you will be fine, state workers expect this kind of stuff.
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daycarediva 10:44 AM 03-31-2013
I have all of my leaving families sign a 'termination of contract' form that states the reason that they are leaving, no other issues/concerns, etc and the balance due/date or paid in full at the time I terminate or they give their notice. I have NEVER had a family refuse to sign it or not be able to collect a signature. I always document everything. Most of my problem parents I email back and forth with for this very reason, everything is in print and they cannot deny the things that they said FOR THIS REASON.

EG. Email I received from a disgruntled client whom I was close to terming due to behavior said something along the lines of "I know that dcg is out of control but I am unable to get her behavior in line. I do worry that she will really hurt someone, but I feel that her being kept at your side is unfair punishment. I know you want what is best for her and really do care about her. We are very happy with your care and would like her to stay with you" After I termed the client, she signed a form stating that there were no other issues, but she disagreed that keeping dcg as my shadow was a good solution to her continued aggression. THEN she called my registrar, left her name and number and everything. When my registrar popped in with CPS in tow, all I had to do was pull up my email and pull out that form, and the SIGNED documented history of violent behavior and my registrar closed the investigation right then and there.

protect your butt as much as possible and EXPECT these situations with even the best of families, imo.
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Starburst 12:33 PM 03-31-2013
Originally Posted by daycarediva:
I have all of my leaving families sign a 'termination of contract' form that states the reason that they are leaving, no other issues/concerns, etc and the balance due/date or paid in full at the time I terminate or they give their notice. I have NEVER had a family refuse to sign it or not be able to collect a signature. I always document everything. Most of my problem parents I email back and forth with for this very reason, everything is in print and they cannot deny the things that they said FOR THIS REASON.

EG. Email I received from a disgruntled client whom I was close to terming due to behavior said something along the lines of "I know that dcg is out of control but I am unable to get her behavior in line. I do worry that she will really hurt someone, but I feel that her being kept at your side is unfair punishment. I know you want what is best for her and really do care about her. We are very happy with your care and would like her to stay with you" After I termed the client, she signed a form stating that there were no other issues, but she disagreed that keeping dcg as my shadow was a good solution to her continued aggression. THEN she called my registrar, left her name and number and everything. When my registrar popped in with CPS in tow, all I had to do was pull up my email and pull out that form, and the SIGNED documented history of violent behavior and my registrar closed the investigation right then and there.

protect your butt as much as possible and EXPECT these situations with even the best of families, imo.
Thats a good idea. Did you get them from a website or did you make it yourself? Do you tell the parents about it when they enroll or you just give it to them when you term or they leave? Do you both sign it and do they get a copy?
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Bella9 06:53 PM 04-01-2013
Ok, I have another question for everyone. I am having the floors in the kitchen sanded and restained/coated. The process takes 3 days, 2 of which we cannot be on the floors while they are drying. My fridge will be sitting in the living room, as well as my stove. My daycare area is one floor down in the basement and I can have all the kids bring sack lunch/disposable food. (I do not provide lunch, only snacks/drinks). My entrance is on the first floor, but pretty far away from the kitchen. Do you think the state will ask me to close while this is going on or just keep the kids downstairs or outside as usual. The only difference to our day would be eating downstairs instead of in the kitchen.
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Play Care 03:34 AM 04-02-2013
Originally Posted by Bella9:
Ok, I have another question for everyone. I am having the floors in the kitchen sanded and restained/coated. The process takes 3 days, 2 of which we cannot be on the floors while they are drying. My fridge will be sitting in the living room, as well as my stove. My daycare area is one floor down in the basement and I can have all the kids bring sack lunch/disposable food. (I do not provide lunch, only snacks/drinks). My entrance is on the first floor, but pretty far away from the kitchen. Do you think the state will ask me to close while this is going on or just keep the kids downstairs or outside as usual. The only difference to our day would be eating downstairs instead of in the kitchen.
I see nothing wrong with that so long as there is nothing the children could harm themselves on - will their be people doing the work during day care? Will it be too loud for it to be comfortable? Will their be tools and things the children *might* be able to access? We had some work done to our house last summer and I did have to close a couple of days while the bulk of the work was done. Could I have prevented any issues with close supervision? Yes! But heaven forbid one of the kids did get hurt because of something related to the work. I imagine if there is no way for the children to access the area being worked on (floors) it would be not only fine, but a fun change "Hey everyone, we are having an indoor picnic!"
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Bella9 03:52 AM 04-02-2013
The only loud part of the work will be the sanding, which will be done 8 am - 12. the rest of the work is staining, and clear coating, which won't make enough noise to disrupt anything in the daycare area. I love your idea about the indoor picnic. What fun!
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snbauser 04:59 AM 04-02-2013
Originally Posted by Bella9:
The only loud part of the work will be the sanding, which will be done 8 am - 12. the rest of the work is staining, and clear coating, which won't make enough noise to disrupt anything in the daycare area. I love your idea about the indoor picnic. What fun!
My only concern with the stain and clear coating would be the smell. Will the fumes get into the daycare area?
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Lianne 05:06 AM 04-02-2013
Normally I wouldn't bat an eye at this but considering what you just went through, I'd suggest calling your licensor just to make sure all your Ts are crossed. Since you've recently been on their radar, I wouldn't want to take any chances.
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daycarediva 06:29 AM 04-02-2013
Originally Posted by Lianne:
Normally I wouldn't bat an eye at this but considering what you just went through, I'd suggest calling your licensor just to make sure all your Ts are crossed. Since you've recently been on their radar, I wouldn't want to take any chances.
This- also are you able to access the fridge or use a mini fridge for cold milk/water?

That is what my licensar would say.
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Blackcat31 06:49 AM 04-02-2013
Originally Posted by Lianne:
Normally I wouldn't bat an eye at this but considering what you just went through, I'd suggest calling your licensor just to make sure all your Ts are crossed. Since you've recently been on their radar, I wouldn't want to take any chances.
I agree, call your licensor to find out for sure.

In my state, we are not allowed to do any type of repair, remodeling or construction while children are present in care.

I too would be really concerned about the dust factor and the fumes from the poly.

Depending on what you are using, some of that stuff can be highly toxic to breathe.

My DH usually wears a chemical mask whenever using stains/poly and he wears a dust mask when sanding so air quality would be a huge concern IMO.
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itlw8 10:54 AM 04-02-2013
I would say because of the fumes you need to close

I had a child 4 push down a 2 yr old and hold him down the younger one did not really bite but his mouth was open screaming and so left a mark on the older one. I did not call I told dad at pick up.

That was my mistake and they said even if it just a scratch an a parent complains they did not have immeditate contact I am wrong. She told them I was upstairs in the kitchen fixing lunch so lack of supervision... my dc kitchen is 5 ft from where it happened. I said by back was turned no more than a minute or 2 so the investigator had me walk it out. to the fridge grab the prepared casserole and put it in the oven... 10 seconds... no lack of supervision there he said.

He did give me good advise. for EVERY injury take a picture you never know what happens after they leave your care. call parents for every little scratch unless you have something signed stating they only want to be called for major injuries.
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daycarediva 11:07 AM 04-02-2013
Originally Posted by itlw8:

He did give me good advise. for EVERY injury take a picture you never know what happens after they leave your care. call parents for every little scratch unless you have something signed stating they only want to be called for major injuries.
^ THIS! I document the heck out of everything and even in my photo release it says that I have the right to take photos of injuries sustained here OR at home for the child's file.

Starburst- I made the form myself, I can PM you a copy.
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nanglgrl 11:25 AM 04-02-2013
Consider the age of your home and wood floors too. A lot of older wood floor varnish contains lead so the sanding would release that in the air.
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Bella9 10:07 AM 04-03-2013
Think I will just close for those days. Last thing I need is a compliance issue.
Have another question for everyone: I looked up my compliance record at the state website and out of curiosity looked up some of the commercial centers. Some of them have not been inspected since 2011. Is there anywhere to report the inspectors for not doing their job?
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daycarediva 10:44 AM 04-03-2013
Depends on where you are. I dont HAVE to be inspected even annually. Only when I reregister every 4 years.
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Bella9 11:27 AM 04-03-2013
Here we have to be inspected twice a year.
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