Default Style Register
Daycare.com Forum
Daycare Center and Family Home Forum>In Need of ADVICE!!!
GeorgiaPeach 06:42 PM 07-14-2014
I have been going daycare for a little over 3 years. Last week I had an incidence arise on Wednesday, where a child got a bruise on both of his arms from me. One from trying to get him up the deck steps while throwing a tantrum and dropping his feet out from under himself. Second one, later that same day he tried to walk on a balance beam that we have before I was able to pull it out of the rock area under our deck. I told him to get off twice so that I could move it out, completely ignored me and continued. He started getting wobbly and the all I could see was him hitting our grill…….so I grabbed his arm so he didn’t fall.

Long story short………..
I got a visit from CPS on Friday, did my interview with her. A county licensor showed up today with a letter from DHS stating that my license was going to be temporarily suspended while the investigation was conducted. CPS had told me that the investigation could take up to 45 days. My other families are peeved for me, in fact one still wanted me to watch their children at their home! I told them I couldn’t so that since the letter says that I am not able to function as an unlicensed daycare either.

My big question is, the paperwork says that I have 5 days to write a letter to appeal. I am not sure what I am suppose to say in this letter? Also, we are leaving for vacation Wednesday (the 16th), how do I appeal something when I am not even going to be in the state again until the 28th?

Thank you for any help or advice you are able to give me on this matter!
Reply
preschoolteacher 07:10 PM 07-14-2014
Honestly, I think you should write the appeal to have it on record, but I doubt it will prevent you from having to temporarily close.They will likely need to do an investigation anyways to back up/prove you were truthful in your appeal. And from what I have heard, the appeal process is very slow for citations. At least in my state.
Reply
Lucy 07:11 PM 07-14-2014
I think you basically just wrote what you need to send in. Just state the facts as you told them to us. Think about what a police officer would write when he writes his reports about the incidents that he goes out on. Just be clear, concise, and non-emotional.

Start out something like:

"I hereby appeal my suspension regarding the injury to (child's name) on (date it happened.) The following is an account of the events that took place that day."

Then go on to explain what the child did, where you grabbed him, how hard, why it was necessary to grab him (to protect his safety!). State that this child was not taking direction, and it was either have him sustain an even worse injury (falling and hitting the grill), or to grab him and prevent that fall. Don't stress that he's a problem child - that will just make it sound like he makes you angry and you grabbed him too hard out of anger. Just state the facts unemotionally, and send it in before you leave on vacation.

Also, you might put in something about a plan to handle situations like this in the future. I'm not quite sure what that would be, but it will show them that you're being proactive in trying to prevent these near-fall incidents without having to grab a child and cause a bruise. Something like giving the children a talk each time before you go outside regarding safety and the importance of listening to, and minding you. Or maybe that you'll put these tempting distractions (the balance beam, etc) out of their view so this doesn't happen again.

Sorry this happened to you. That's a huge bummer. Keep us posted, and have a great vacation!!
Reply
TwinKristi 07:31 PM 07-14-2014
I agree with Lucy, I would just write it as matter of fact, I would definitely fight it and explain it was for his safety and well being that he was removed from the situation and also include that you have had prearranged plans to be out of state from X to X date and it there is need for contact give them your cell phone number to reach you.
Reply
nannyde 08:01 PM 07-14-2014
You can appeal but it will be denied. You already gave them the series of events so they need to have the bruises evaluated to make sure they match up with the account. Then they need to assess whether the actions you used were reasonable.

The account you gave is the most common account child abusers use for these types of bruises. That is most likely why they suspended your work. There are techniques you can use when stabilizing a child when they are falling down where you ease them down to the ground instead of pulling them upward against gravity to keep them upright. You need to learn those techniques.

There is a very good chance this won't turn out in your favor so you need to develop a plan to find work where a founded case of child abuse won't affect a hire. (If you need work).
Reply
MissAnn 04:48 AM 07-15-2014
Almost the same thing happened to me. I was closed for 2 months and was given The call that the allegations were unfounded. Parents, past and present started writing letters and emails on my behalf. It was the worst time of my life. It was 5 years ago and I live in fear of it happening again. Mine stemmed more from a custody issue in the family. I still see the mom from time to time. She stood up for me. I'm sorry you are going through this.
Reply
Annalee 05:27 AM 07-15-2014
Originally Posted by nannyde:
You can appeal but it will be denied. You already gave them the series of events so they need to have the bruises evaluated to make sure they match up with the account. Then they need to assess whether the actions you used were reasonable.

The account you gave is the most common account child abusers use for these types of bruises. That is most likely why they suspended your work. There are techniques you can use when stabilizing a child when they are falling down where you ease them down to the ground instead of pulling them upward against gravity to keep them upright. You need to learn those techniques.

There is a very good chance this won't turn out in your favor so you need to develop a plan to find work where a founded case of child abuse won't affect a hire. (If you need work).
I think you are right! With the marks in place and admission to making those marks on the child does NOT, in my opinion, help the case.
Reply
Blackcat31 06:05 AM 07-15-2014
Originally Posted by nannyde:
You can appeal but it will be denied. You already gave them the series of events so they need to have the bruises evaluated to make sure they match up with the account. Then they need to assess whether the actions you used were reasonable.

The account you gave is the most common account child abusers use for these types of bruises. That is most likely why they suspended your work. There are techniques you can use when stabilizing a child when they are falling down where you ease them down to the ground instead of pulling them upward against gravity to keep them upright. You need to learn those techniques.

There is a very good chance this won't turn out in your favor so you need to develop a plan to find work where a founded case of child abuse won't affect a hire. (If you need work).
Those trainings should be mandatory in ALL states for ANYONE doing childcare.

As much as I feel for the OP and what she is going through, I can't say that I have ever been in the position of having a child bruise from a situation like that.

This is one of those situations where they are going to look at WHAT the situation was that warranted a one arm grab like that.

Sometimes, just because providers can have x amount of kids in care, doesn't mean we should if we can't SAFELY provide care and supervision for the others.
Reply
Unregistered 06:45 AM 07-15-2014
Originally Posted by Blackcat31:
Those trainings should be mandatory in ALL states for ANYONE doing childcare.
Any links? Video to view, even if it isn't full training?
Reply
Blackcat31 08:13 AM 07-15-2014
Originally Posted by Unregistered:
Any links? Video to view, even if it isn't full training?
I'm not sure of any videos/trainings on line but we are provided this training by a licensed physical therapist so that neither the provider nor child is injured during lifting and/or carrying.

I will contact my trainer and ask if there is any resources I can post.

It's very similar to the trainings caregivers are provided in nursing homes and assisted living facilities. It provides a safe way to handle patients (in our case, children) without injuring them or ourselves.
Reply
Play Care 10:58 AM 07-15-2014
Originally Posted by nannyde:
You can appeal but it will be denied. You already gave them the series of events so they need to have the bruises evaluated to make sure they match up with the account. Then they need to assess whether the actions you used were reasonable.

The account you gave is the most common account child abusers use for these types of bruises. That is most likely why they suspended your work. There are techniques you can use when stabilizing a child when they are falling down where you ease them down to the ground instead of pulling them upward against gravity to keep them upright. You need to learn those techniques.

There is a very good chance this won't turn out in your favor so you need to develop a plan to find work where a founded case of child abuse won't affect a hire. (If you need work).
We've never had any training like that. I would take it if we did.

After some incidences a long time ago I developed a couple of personal policies 1. I will never pick up a child who is trantruming. More for my safety than theirs, If I'm being honest. It's highly unlikely a child would be trantruming in a dangerous spot while in my home (the main reason providers claim they needed to handle a tantruming child...) and 2. I will never intervene if a child is falling (my environment is set up so this isn't too big of an issue) but will only comfort the child after the incident. I had a couple of times early on when I felt my intervention actually hurt the child more than the fall would have. Thankfully the child wasn't hurt/bruised and I did make necessary policy changes because of it.
Reply
daycarediva 11:05 AM 07-15-2014
Originally Posted by Blackcat31:
Those trainings should be mandatory in ALL states for ANYONE doing childcare.

As much as I feel for the OP and what she is going through, I can't say that I have ever been in the position of having a child bruise from a situation like that.

This is one of those situations where they are going to look at WHAT the situation was that warranted a one arm grab like that.

Sometimes, just because providers can have x amount of kids in care, doesn't mean we should if we can't SAFELY provide care and supervision for the others.
I agree.

Originally Posted by Play Care:
We've never had any training like that. I would take it if we did.

After some incidences a long time ago I developed a couple of personal policies 1. I will never pick up a child who is trantruming. More for my safety than theirs, If I'm being honest. It's highly unlikely a child would be trantruming in a dangerous spot while in my home (the main reason providers claim they needed to handle a tantruming child...) and 2. I will never intervene if a child is falling (my environment is set up so this isn't too big of an issue) but will only comfort the child after the incident. I had a couple of times early on when I felt my intervention actually hurt the child more than the fall would have. Thankfully the child wasn't hurt/bruised and I did make necessary policy changes because of it.
Good policies to have in place!


I have an autistic son who used to throw massive tantrums at 2-3. I received training through early intervention on how to safely handle him. I have never injured a child using those techniques.

The only time I have caused an injury to a child is when the child went to stand up, and I was bending over to assist him with his shoe and we bumped heads, pretty hard too! We both had bruises. I felt awful but dcm was understanding. (It's also very helpful that the kid told the entire story.)
Reply
Play Care 11:13 AM 07-15-2014
Originally Posted by daycarediva:
I agree.



Good policies to have in place!


I have an autistic son who used to throw massive tantrums at 2-3. I received training through early intervention on how to safely handle him. I have never injured a child using those techniques.

The only time I have caused an injury to a child is when the child went to stand up, and I was bending over to assist him with his shoe and we bumped heads, pretty hard too! We both had bruises. I felt awful but dcm was understanding. (It's also very helpful that the kid told the entire story.)
Nice!
The one time I go back to is when I was sitting and reading a story to some kids. Another child came running over at full speed and nearly head butted me - I threw my hands up and "caught" his head while his body flipped around thankfully he thought it was great fun and wanted another go.
I was too busy cleaning out my pants...
I could have broken that child's neck.
Now, I would dive over to get out of his way.
Reply
Angelsj 11:15 AM 07-15-2014
Originally Posted by Blackcat31:
I'm not sure of any videos/trainings on line but we are provided this training by a licensed physical therapist so that neither the provider nor child is injured during lifting and/or carrying.

I will contact my trainer and ask if there is any resources I can post.

It's very similar to the trainings caregivers are provided in nursing homes and assisted living facilities. It provides a safe way to handle patients (in our case, children) without injuring them or ourselves.
I received training through a physical therapist when my current 24 yo was small. He was very aggressive and had horrific tantrums due to spectrum issues. We were taught to hold them appropriately and how to move them if needed without anyone being hurt.

Sorry, OP, but I have been doing this a long time with a LOT of very difficult children and have yet to bruise one. I would move more toward telling them what you plan to do so this never happens again.
Reply
Angelsj 11:19 AM 07-15-2014
Originally Posted by Play Care:
Nice!
The one time I go back to is when I was sitting and reading a story to some kids. Another child came running over at full speed and nearly head butted me - I threw my hands up and "caught" his head while his body flipped around thankfully he thought it was great fun and wanted another go.
I was too busy cleaning out my pants...
I could have broken that child's neck.
Now, I would dive over to get out of his way.
Yes, I did this to one of my own. The child was about 15 months, and playing on the couch. He started to fall off, so I reached out to stop it, was about a second too late and ended up knocking him into the end table. He would have been fine if I would have not tried to stop the fall. It was all of maybe 15 inches. I do not reach out anymore.
Reply
Reply Up