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Daycare Center and Family Home Forum>So Now That Disgruntled DCM Lost Against Me In Court ...
Kimberli 08:18 AM 11-19-2012
she is posting warnings about me and my business on Craigslist, telling people not to use me and alerted a networking Facebook group that I belonged to and had me removed.
I just want to wake up and find this is all a bad dream.
I am down two kiddos right now and all the calls I am getting are from other providers posing as parents trying to get information about me.
I'm sick to my stomach.
I guess, on a bright note, I had a 2 hour conversation with the Southern California Child Care Law Advocate on Friday and she was appalled at what has happened and how my case has been handled. She encouraged me to keep appealing up the ladder as well as filing a complaint against my analyst ... but I have to say I am very fearful. My analyst would know that it was me who filed against her and I don't trust her not to retaliate. I cannot afford to lose my license all together. I am struggling to keep my doors open as it is.
Merry Christmas and Happy New Year. I am so disheartened by people right now. Maybe it is time to move and change careers. I'm just not sure what to do anymore.
I just want to wake up and find this is all a bad dream.
I am down two kiddos right now and all the calls I am getting are from other providers posing as parents trying to get information about me.
I'm sick to my stomach.
I guess, on a bright note, I had a 2 hour conversation with the Southern California Child Care Law Advocate on Friday and she was appalled at what has happened and how my case has been handled. She encouraged me to keep appealing up the ladder as well as filing a complaint against my analyst ... but I have to say I am very fearful. My analyst would know that it was me who filed against her and I don't trust her not to retaliate. I cannot afford to lose my license all together. I am struggling to keep my doors open as it is.
Merry Christmas and Happy New Year. I am so disheartened by people right now. Maybe it is time to move and change careers. I'm just not sure what to do anymore.
Cat Herder 08:21 AM 11-19-2012
That is libel. I'd get an attorney.
Sorry she is such a nut job...
This whole situation just makes no sense at all...
Sorry she is such a nut job...
This whole situation just makes no sense at all...
SunshineMama 08:29 AM 11-19-2012
Originally Posted by Cat Herder:
That is libel. I'd get an attorney.
Sorry she is such a nut job...
This whole situation just makes no sense at all...
Can you file a libel suit against her?That is libel. I'd get an attorney.
Sorry she is such a nut job...
This whole situation just makes no sense at all...
SilverSabre25 08:44 AM 11-19-2012
I agree, libel. Try and sue, or send a cease and desist order, or something. Would the child care advocate be able to help you?
Maybe Judge ***** would hear the case again, wouldn't that be hilarious....
Maybe Judge ***** would hear the case again, wouldn't that be hilarious....
sharlan 08:47 AM 11-19-2012
I agree, it's time to consult an atty. At the very least, I would try to get some type of cease and desist letter.
Greenplasticwateringcans 08:52 AM 11-19-2012
Originally Posted by Kimberli:
she is posting warnings about me and my business on Craigslist, telling people not to use me and alerted a networking Facebook group that I belonged to and had me removed.
I just want to wake up and find this is all a bad dream.
I am down two kiddos right now and all the calls I am getting are from other providers posing as parents trying to get information about me.
I'm sick to my stomach.
I guess, on a bright note, I had a 2 hour conversation with the Southern California Child Care Law Advocate on Friday and she was appalled at what has happened and how my case has been handled. She encouraged me to keep appealing up the ladder as well as filing a complaint against my analyst ... but I have to say I am very fearful. My analyst would know that it was me who filed against her and I don't trust her not to retaliate. I cannot afford to lose my license all together. I am struggling to keep my doors open as it is.
Merry Christmas and Happy New Year. I am so disheartened by people right now. Maybe it is time to move and change careers. I'm just not sure what to do anymore.
Lawyer up ASAP. Call around until you find a lawyer that will advise you an hour for free. she is posting warnings about me and my business on Craigslist, telling people not to use me and alerted a networking Facebook group that I belonged to and had me removed.
I just want to wake up and find this is all a bad dream.
I am down two kiddos right now and all the calls I am getting are from other providers posing as parents trying to get information about me.
I'm sick to my stomach.
I guess, on a bright note, I had a 2 hour conversation with the Southern California Child Care Law Advocate on Friday and she was appalled at what has happened and how my case has been handled. She encouraged me to keep appealing up the ladder as well as filing a complaint against my analyst ... but I have to say I am very fearful. My analyst would know that it was me who filed against her and I don't trust her not to retaliate. I cannot afford to lose my license all together. I am struggling to keep my doors open as it is.
Merry Christmas and Happy New Year. I am so disheartened by people right now. Maybe it is time to move and change careers. I'm just not sure what to do anymore.
What that mother is doing is clearly illegal. I'd even go so far as to filing a complaint with your local police.
A lawyer will also protect you against your licensing agent and help manoeuvre through that process as well.
As for Craigslist etc I would post the date of the JJ show and let people see for themselves about the mother.
Don't let her bully you!
Blackcat31 09:01 AM 11-19-2012
Make sure you print off the Craig's List post and any other info you are able to print so you have hard evidence of her harassment.
((((HUGS)))) for dealing. I am amazed at the lengths people will go just to be mean!
Hopefully, Karma will be making a special trip to see her in the near future.
((((HUGS)))) for dealing. I am amazed at the lengths people will go just to be mean!
Hopefully, Karma will be making a special trip to see her in the near future.
Unregistered 09:56 AM 11-19-2012
Have you ever observed the children dirty, neglected, or abused in anyway?
If you have , then maybe you can help the kids by calling dpss... the mother obviously has a mental problem, who knows what is really going on in that house. There is just something just not right about this lady.
If you have , then maybe you can help the kids by calling dpss... the mother obviously has a mental problem, who knows what is really going on in that house. There is just something just not right about this lady.
EntropyControlSpecialist 10:04 AM 11-19-2012
That is awful, I am so sorry.
Please get a lawyer.
Please get a lawyer.
nanglgrl 12:57 PM 11-19-2012
I'm so glad you won but I'm sorry this is happening to you. I agree with the others, pay a lawyer to write up a cease and desist letter and hopefully that will stop her. As far as your analyst I would keep going, if you lost your license for this you would be in a great position to bring a lawsuit against her. This is just ridiculous.
mom2many 01:54 PM 11-19-2012
You are allowed to appeal and they cannot just take your license for doing that. Section 102394 concerning Licensee complaints states:
(A) Each licensee shall have the right, without prejudice or risk of discriminatory treatment by the licensing agency, to bring to the attention of the licensing agency any action or behavior by the licensing representative that he/she believes is a wrongful application of these regulations, or capricious enforcement of them.
(B) The licensee shall have the right to complain to the licensing agency regarding a review of any disputed issues.
When my analyst was behaving in a very unprofessional and inappropriate manner, I contacted the District Manager & things quickly got resolved.
Don't be afraid to take it to the next level. If the District Manager cannot resolve this take it up the chain of command to the Regional Manager or on up to the Chief Deputy Director.
The fact that Judge ***** ruled in your favor is also a plus on your side. I would definitely do as others suggested and find an attorney to assist you & not let this mother get away with this defamation of character.
Hang in there! I'm so sorry this is continuing. Geez, some people never cease to amaze me! This whole thing has been horrible...
(A) Each licensee shall have the right, without prejudice or risk of discriminatory treatment by the licensing agency, to bring to the attention of the licensing agency any action or behavior by the licensing representative that he/she believes is a wrongful application of these regulations, or capricious enforcement of them.
(B) The licensee shall have the right to complain to the licensing agency regarding a review of any disputed issues.
When my analyst was behaving in a very unprofessional and inappropriate manner, I contacted the District Manager & things quickly got resolved.
Don't be afraid to take it to the next level. If the District Manager cannot resolve this take it up the chain of command to the Regional Manager or on up to the Chief Deputy Director.
The fact that Judge ***** ruled in your favor is also a plus on your side. I would definitely do as others suggested and find an attorney to assist you & not let this mother get away with this defamation of character.
Hang in there! I'm so sorry this is continuing. Geez, some people never cease to amaze me! This whole thing has been horrible...
Michael 01:54 PM 11-19-2012
It could be slander, libel and maybe wire fraud IMO.
Wire Fraud: "In the United States, mail and wire fraud is any fraudulent scheme to intentionally deprive another of property or honest services via mail or wire communication. It has been a federal crime in the United States since 1872"
The internet transmits across state lines. Make copies of any proof IF you can prove it. Document and date. Consult an attorney.
Wire Fraud: "In the United States, mail and wire fraud is any fraudulent scheme to intentionally deprive another of property or honest services via mail or wire communication. It has been a federal crime in the United States since 1872"
The internet transmits across state lines. Make copies of any proof IF you can prove it. Document and date. Consult an attorney.
Crystal 02:03 PM 11-19-2012
I would, in addition to what PP's have said, contact craigslist and facebook about it. They can suspend her from posting.
Crystal 02:21 PM 11-19-2012
I am looking for resources for you. Here is some info I found on the Child Care Law Website that may be of use to you- Chapter 6 may help with you with licensing:
http://childcarelaw.org/sf-child-car...essional.shtml
http://childcarelaw.org/sf-child-car...essional.shtml
Crystal 02:57 PM 11-19-2012
Would you post a link to what she has stated here? If you decide to take her to court, you need at least one person to state that they saw or heard the defamation:
To prove that the material was defamatory, the plaintiff must show that at least one other person who saw or heard it understood it as having defamatory meaning. It is necessary to show not that all who heard or read the statement understood it to be defamatory, but only that one person other than the plaintiff did so. Therefore, even if the defendant contends that the communication was a joke, if one person other than the plaintiff took it seriously, the communication is considered defamatory
To prove that the material was defamatory, the plaintiff must show that at least one other person who saw or heard it understood it as having defamatory meaning. It is necessary to show not that all who heard or read the statement understood it to be defamatory, but only that one person other than the plaintiff did so. Therefore, even if the defendant contends that the communication was a joke, if one person other than the plaintiff took it seriously, the communication is considered defamatory
Crystal 02:58 PM 11-19-2012
California laws against defamation - including libel and slander:
http://www.citmedialaw.org/legal-gui...defamation-law
http://www.citmedialaw.org/legal-gui...defamation-law
Kimberli 03:07 PM 11-19-2012
Oh, it has been defamatory. I was actually removed from a networking board I have advertised on because the local providers are all shooting a copy of this warning around behind the scenes and threatening to call licensing on me again because DCM is also spreading the rumor that I am not disclosing my citations to parents. I have been on the phone all day with other local daycare providers in my community trying to do damage control. Once they hear the whole story, they are mortified, but up to that point I feel like the target of a witch hunt. I am preparing for another visit from my analyst any time.
I'm SO hating my life right now.
I did contact CL, but they've done nothing.
I'm SO hating my life right now.
I did contact CL, but they've done nothing.
Mom2TLE 03:20 PM 11-19-2012
If you post the link on here we can all flag her so they will have to remove it.
Lyss 03:26 PM 11-19-2012
Originally Posted by Kimberli:
Oh, it has been defamatory. I was actually removed from a networking board I have advertised on because the local providers are all shooting a copy of this warning around behind the scenes and threatening to call licensing on me again because DCM is also spreading the rumor that I am not disclosing my citations to parents. I have been on the phone all day with other local daycare providers in my community trying to do damage control. Once they hear the whole story, they are mortified, but up to that point I feel like the target of a witch hunt. I am preparing for another visit from my analyst any time.
I'm SO hating my life right now.
I did contact CL, but they've done nothing.
With CL if you flag for removal from different IPs (like if you have different computers in the house or friends that could do it) it goes away quicker.Oh, it has been defamatory. I was actually removed from a networking board I have advertised on because the local providers are all shooting a copy of this warning around behind the scenes and threatening to call licensing on me again because DCM is also spreading the rumor that I am not disclosing my citations to parents. I have been on the phone all day with other local daycare providers in my community trying to do damage control. Once they hear the whole story, they are mortified, but up to that point I feel like the target of a witch hunt. I am preparing for another visit from my analyst any time.
I'm SO hating my life right now.
I did contact CL, but they've done nothing.
I'm so sorry you are going through this! What a terrible situation! But maybe the verdict was the 1st step in turning things your way. I would do what the advocacy people told you about your licenser, who cares if she gets mad (but do document EVERY detail of future communications with her so you can prove if she tries to retaliate!), look at all the damage and heartache this is causing you! We're here for you though! Also as the PPs have said get a lawyer and go at her for slander! people like this will just continue on and on until you put them in their place!
sharlan 03:27 PM 11-19-2012
I also flagged the CL listing, but I'm positive that they don't do anything.
Greenplasticwateringcans 03:31 PM 11-19-2012
Originally Posted by Kimberli:
Oh, it has been defamatory. I was actually removed from a networking board I have advertised on because the local providers are all shooting a copy of this warning around behind the scenes and threatening to call licensing on me again because DCM is also spreading the rumor that I am not disclosing my citations to parents. I have been on the phone all day with other local daycare providers in my community trying to do damage control. Once they hear the whole story, they are mortified, but up to that point I feel like the target of a witch hunt. I am preparing for another visit from my analyst any time.
I'm SO hating my life right now.
I did contact CL, but they've done nothing.
Oh, it has been defamatory. I was actually removed from a networking board I have advertised on because the local providers are all shooting a copy of this warning around behind the scenes and threatening to call licensing on me again because DCM is also spreading the rumor that I am not disclosing my citations to parents. I have been on the phone all day with other local daycare providers in my community trying to do damage control. Once they hear the whole story, they are mortified, but up to that point I feel like the target of a witch hunt. I am preparing for another visit from my analyst any time.
I'm SO hating my life right now.
I did contact CL, but they've done nothing.
You are already stronger then you think. Keep advocating for yourself and it will all turn out in your favour.
Crystal 04:39 PM 11-19-2012
Originally Posted by sharlan:
I also flagged the CL listing, but I'm positive that they don't do anything.
I have done it in the past and they do remove it. It just takes time. HOWEVER, there is a way to report abuse to CL and they WILL take action and suspend her posting privileges. I have had it done before for another provider.I also flagged the CL listing, but I'm positive that they don't do anything.
Unregistered 04:42 PM 11-19-2012
Here in Ottawa, Canada there was recently a woman who I believe got jail time for sending emails (and making phone calls I think) to another woman's boss, and other business associates, etc. of a sexual nature (she was posing as the other woman) because the woman had written a negative review of her restaurant on the restaurant's website...
If this dcm is doing this to you I would think that you have every right to get an attorney and possibly even have her charged...I wouldn't sit back and let her bully you...
If this dcm is doing this to you I would think that you have every right to get an attorney and possibly even have her charged...I wouldn't sit back and let her bully you...
Kimberli 05:10 PM 11-19-2012
Originally Posted by Crystal:
I have done it in the past and they do remove it. It just takes time. HOWEVER, there is a way to report abuse to CL and they WILL take action and suspend her posting privileges. I have had it done before for another provider.
I did finally message them also - the posting is gone, but I don't know if they will suspend her posting rights as well. Time will tell.I have done it in the past and they do remove it. It just takes time. HOWEVER, there is a way to report abuse to CL and they WILL take action and suspend her posting privileges. I have had it done before for another provider.
Meeko 05:27 PM 11-19-2012
Originally Posted by Kimberli:
I did finally message them also - the posting is gone, but I don't know if they will suspend her posting rights as well. Time will tell.
Bless your heart....what a trial this has been. I did finally message them also - the posting is gone, but I don't know if they will suspend her posting rights as well. Time will tell.
I think you have handled it with grace.....kudos to you
I really hope it all settles down. As for the other providers in your area, make sure to send a message when you know the time etc for the show airing!
Right now, the mom is upset. She just got humiliated and now it's going to be on TV so she's doing what she can to lash out.
I have a feeling a stern letter from an attorney would calm her right down.
I would also be tempted to tell her you have made copies of her nasty posts and are going to send them to Judge Judy just in case they would like to do a "follow up" show and thrash her some more!
nanglgrl 06:11 PM 11-19-2012
I was mad when your analyst treated you so badly. I got really angry when this client sued you. Out of all of this what really makes me upset though is that other providers were helping your former client spread these rumors and that you were kicked off of a daycare board. Most of us have had at least one crazy client so for other providers to not ask you and to help this lady with her abuse is just reprehensible.
mom2many 07:39 PM 11-19-2012
Originally Posted by nanglgrl:
I was mad when your analyst treated you so badly. I got really angry when this client sued you. Out of all of this what really makes me upset though is that other providers were helping your former client spread these rumors and that you were kicked off of a daycare board. Most of us have had at least one crazy client so for other providers to not ask you and to help this lady with her abuse is just reprehensible.
I was mad when your analyst treated you so badly. I got really angry when this client sued you. Out of all of this what really makes me upset though is that other providers were helping your former client spread these rumors and that you were kicked off of a daycare board. Most of us have had at least one crazy client so for other providers to not ask you and to help this lady with her abuse is just reprehensible.
countrymom 05:56 AM 11-20-2012
why won't you contact a lawyer. I think you now need to get a lawyer involved. Open the yellow pages and start looking. Also, contact the police see if they can do something or advise you. Remember, it may be bad now but imagine when the show airs.
Don't give up, you already passed a huge hurdle now keep going!!!!
Don't give up, you already passed a huge hurdle now keep going!!!!
Heidi 06:08 AM 11-20-2012
Originally Posted by nanglgrl:
I was mad when your analyst treated you so badly. I got really angry when this client sued you. Out of all of this what really makes me upset though is that other providers were helping your former client spread these rumors and that you were kicked off of a daycare board. Most of us have had at least one crazy client so for other providers to not ask you and to help this lady with her abuse is just reprehensible.
I was mad when your analyst treated you so badly. I got really angry when this client sued you. Out of all of this what really makes me upset though is that other providers were helping your former client spread these rumors and that you were kicked off of a daycare board. Most of us have had at least one crazy client so for other providers to not ask you and to help this lady with her abuse is just reprehensible.
Kimberli 06:40 AM 11-20-2012
Thanks to all for your support.
I am planning on contacting a lawyer, there are just only so many where I live and I need to find someone who will give me a no cost consultation. It is challenging to do this while I have a house full of kiddos for 12 hours a day and yesterday was spent doing damage control with the other local providers.
I am on it ... really I am. I can just only handle so much, so quickly.
My Thanksgiving weekend will be spent drafting my next appeals letter and a formal complaint. La te da.
I am planning on contacting a lawyer, there are just only so many where I live and I need to find someone who will give me a no cost consultation. It is challenging to do this while I have a house full of kiddos for 12 hours a day and yesterday was spent doing damage control with the other local providers.
I am on it ... really I am. I can just only handle so much, so quickly.
My Thanksgiving weekend will be spent drafting my next appeals letter and a formal complaint. La te da.
Blackcat31 06:45 AM 11-20-2012
Originally Posted by Kimberli:
Thanks to all for your support.
I am planning on contacting a lawyer, there are just only so many where I live and I need to find someone who will give me a no cost consultation. It is challenging to do this while I have a house full of kiddos for 12 hours a day and yesterday was spent doing damage control with the other local providers.
I am on it ... really I am. I can just only handle so much, so quickly.
My Thanksgiving weekend will be spent drafting my next appeals letter and a formal complaint. La te da.
HUGS!!! What a crappy situation to be in. Wish there was something I could do to help. Thanks to all for your support.
I am planning on contacting a lawyer, there are just only so many where I live and I need to find someone who will give me a no cost consultation. It is challenging to do this while I have a house full of kiddos for 12 hours a day and yesterday was spent doing damage control with the other local providers.
I am on it ... really I am. I can just only handle so much, so quickly.
My Thanksgiving weekend will be spent drafting my next appeals letter and a formal complaint. La te da.
If you have paperwork or letters to write or whatever, anything that you need assistance with, please let me...or anyone on the board know and I am sure we would be more than happy to help in ANY way we can!
So far Crystal has come out swinging so yah for her (
) but really if there is anything we can help you with...please don't hesitate to ask! In this business, it is definitely a blow to ALL of us that this crazy woman is getting away with all of this nonsense!!!!
In the meantime, hang in there...we are all pulling for you!
Crystal 07:46 AM 11-20-2012
I haven't had time to read it all, but here is a link to the Californai Licensing Evaluator Handbook......it has explanations/defintions/etc. for licensing reps. when they inspect programs and how to apply regs:
http://ccld.ca.gov/PG395.htm
There may be something of use to you in it!
http://ccld.ca.gov/PG395.htm
There may be something of use to you in it!
Crystal 07:49 AM 11-20-2012
This one is specifically regarding investigation and handling of complaints agains FCCH:
http://ccld.ca.gov/res/pdf/Complaints.pdf
http://ccld.ca.gov/res/pdf/Complaints.pdf
MarinaVanessa 10:05 AM 11-20-2012
Make sure that you save and print everything including the names, times, dates, telephone numbers and a description of what what was said after talking to the other DC providers. They may also serve as witnesses and such to your case, unfortunately this may also mean that they could potentially also face a suit against them for participating in the slander. I doubt that's the road you'll want to take but it's an option. I would contact licensing (not your analyst) and request written documentation of your citations (if any) so that you can show proof that there is nothing that you needed to have disclosed.
This is horrible of you to have to go through this
This is horrible of you to have to go through this
cheerfuldom 11:06 AM 11-20-2012
hang in there OP! we are all here to support you and love that you are standing up for your program. please dont give up!
LittleD 12:16 PM 11-22-2012
Originally Posted by Kimberli:
Thanks to all for your support.
I am planning on contacting a lawyer, there are just only so many where I live and I need to find someone who will give me a no cost consultation. It is challenging to do this while I have a house full of kiddos for 12 hours a day and yesterday was spent doing damage control with the other local providers.
I am on it ... really I am. I can just only handle so much, so quickly.
My Thanksgiving weekend will be spent drafting my next appeals letter and a formal complaint. La te da.
Maybe you can find a lawyer who will do it probono or something, and can take on your analyst and the evil mother!Thanks to all for your support.
I am planning on contacting a lawyer, there are just only so many where I live and I need to find someone who will give me a no cost consultation. It is challenging to do this while I have a house full of kiddos for 12 hours a day and yesterday was spent doing damage control with the other local providers.
I am on it ... really I am. I can just only handle so much, so quickly.
My Thanksgiving weekend will be spent drafting my next appeals letter and a formal complaint. La te da.