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daycarediva 09:35 AM 10-07-2013
Just had a surprise inspection this morning. My second this year! I have a new registrar, so it makes sense.

The new registrar is saying that nearly EVERY SINGLE PIECE of paperwork for EVERY day care kid is not in compliance because they aren't dated in the last year. I JUST had an inspection and she said NOTHING about this, in fact, this is the first time I have ever heard of having to have parents renew every single form (even if nothing has changed) just to have a current date on it.

I do have them update physical/immunization records as needed, and have them update other forms (like nap permission slip when we change from P&P to mat) or authorized pick ups, etc. but WHY ON EARTH would I have to have my SA dcm fill out another supervision of SA child form when there is NOTHING wrong with it (other than an '11 date!) He is still SA.

She couldn't find the licensing reg, and neither could I. She is going to check with her supervisor, but she wrote it all down for me to get in 'compliance' with, it's over 20 'violations'!

I felt like she was looking for something to nit pick me over, as she looked through paperwork first, then looked through the house, observed me with the kids for a good 20 minutes and then went BACK to my paperwork.
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Play Care 09:39 AM 10-07-2013
Originally Posted by daycarediva:
Just had a surprise inspection this morning. My second this year! I have a new registrar, so it makes sense.

The new registrar is saying that nearly EVERY SINGLE PIECE of paperwork for EVERY day care kid is not in compliance because they aren't dated in the last year. I JUST had an inspection and she said NOTHING about this, in fact, this is the first time I have ever heard of having to have parents renew every single form (even if nothing has changed) just to have a current date on it.

I do have them update physical/immunization records as needed, and have them update other forms (like nap permission slip when we change from P&P to mat) or authorized pick ups, etc. but WHY ON EARTH would I have to have my SA dcm fill out another supervision of SA child form when there is NOTHING wrong with it (other than an '11 date!) He is still SA.

She couldn't find the licensing reg, and neither could I. She is going to check with her supervisor, but she wrote it all down for me to get in 'compliance' with, it's over 20 'violations'!

I felt like she was looking for something to nit pick me over, as she looked through paperwork first, then looked through the house, observed me with the kids for a good 20 minutes and then went BACK to my paperwork.
Our CCR & R agency mentioned something like this last year saying it was something we *should* do to make sure things are up to date - but I just had an inspection in July and my licensor said nothing about it.
It should be on the website if it's indeed a regulation.
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slorey 09:45 AM 10-07-2013
I have had 3 surprise inspections in the last year. I hate it! I feel like I am always on edge wondering when they are going to stop in again. As far as the paperwork, I run on a school calendar, so always send home all new forms in September for parents to fill out. It is a pain, but I remember my licensor telling me they needed to be updated every year, so that is what I have always done. I'm not sure where it would be in the regs though. Are you family or group family? I have the regs here for family. Maybe I will flip through them. I am curious now.
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daycarediva 09:47 AM 10-07-2013
Originally Posted by Play Care:
Our CCR & R agency mentioned something like this last year saying it was something we *should* do to make sure things are up to date - but I just had an inspection in July and my licensor said nothing about it.
It should be on the website if it's indeed a regulation.
Yep, have heard them say should before. I just looked through the entire FCC manual and found NOTHING. I emailed her and cc'ed her boss asking for the specific regulation I am violating. I will fight all of these violations if they don't have a specific reg.

In the meantime, I am making lots of copies to send forms home tonight, just in case.
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daycarediva 09:49 AM 10-07-2013
Originally Posted by slorey:
I have had 3 surprise inspections in the last year. I hate it! I feel like I am always on edge wondering when they are going to stop in again. As far as the paperwork, I run on a school calendar, so always send home all new forms in September for parents to fill out. It is a pain, but I remember my licensor telling me they needed to be updated every year, so that is what I have always done. I'm not sure where it would be in the regs though. Are you family or group family? I have the regs here for family. Maybe I will flip through them. I am curious now.
Family, I just browsed the entire thing and nothing that I could find. I am going to be reading more in depth at nap, for sure.

I have done it this way for YEARS and have had a TON of inspections and NEVER been violated for this. Nobody has ever even said anything about it! I know the 'should update' came from my initial training, and I DO update the ones that need it.
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slorey 10:17 AM 10-07-2013
The only place I found anything in the regs was the second to last page. It said "The provider must maintain on file at the family daycare home, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner:" then goes on to list all the forms needed. It does not say it has to be updated every year, but i bet that is the reg they will cite and will tell you they weren't current. Just my thought. I hate that s many regs are open to interpretation. Before I opened I had to replace my front stairs, because the regulation stated that all stairs should have railings, and because the ord railing was plural (it had to be plural to be correct grammar), my licensor wanted 2 railings not just the 1 I had. It was concrete stairs and I didn't want the hassle of trying to screw a railing into concrete so I replaced the entire set of stairs. So stupid! This is one of the reasons I am considering switching to legally unlicensed. Although I am not sure how much the state involves themselves with legally unlicensed providers though. Good luck to you though and I hope you get everything straightened out.
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Familycare71 10:23 AM 10-07-2013
NYS drives me nuts!!! And the fact that so many regs are open for interpretation is even crazier!!
I have never had violations on that - generally I do have parents re-sign their contract page and blue card in the past I didn't and it was never a problem! I would fight it! If they can't quote it then it can't be a violation!

I would love to be legally unlicensed but cannot afford it right now.
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Familycare71 10:28 AM 10-07-2013
I have never gotten inspected more than my scheduled once a year. Even when I have gotten new people- I guess I should feel grateful!
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Play Care 10:38 AM 10-07-2013
In NYS you can only care for two children without a license and still have it be legal. As much of a pain as being licensed is, I make way too much money to go legally unlicensed...
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daycarediva 10:54 AM 10-07-2013
Originally Posted by Play Care:
In NYS you can only care for two children without a license and still have it be legal. As much of a pain as being licensed is, I make way too much money to go legally unlicensed...
Same here.

Originally Posted by Familycare71:
I have never gotten inspected more than my scheduled once a year. Even when I have gotten new people- I guess I should feel grateful!
YES! I get surprise inspections all the time!

Originally Posted by Familycare71:
NYS drives me nuts!!! And the fact that so many regs are open for interpretation is even crazier!!
I have never had violations on that - generally I do have parents re-sign their contract page and blue card in the past I didn't and it was never a problem! I would fight it! If they can't quote it then it can't be a violation!

I would love to be legally unlicensed but cannot afford it right now.
That is exactly what I said in the email. If they can quote it, then fine. I still can't find the reg! This is what I found on page 133-134
Originally Posted by :
417.15(c) The provider must maintain on file at the family day care home, available for inspection by the office or it's designees at any time, the following records in a current and accurate manner:
it goes on to list the paperwork. Honestly, the information IS current and IS accurate. The DATE is not current. ARGH!

I just got a call from OCFS, so they are going to ask the other registrars and see what they do. I said, it didn't matter to me what they do, it matters to me what the regs SAY. I am NOT taking all of these violations without a fight because of the unspecific regulation!
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slorey 11:00 AM 10-07-2013
Originally Posted by Play Care:
In NYS you can only care for two children without a license and still have it be legal. As much of a pain as being licensed is, I make way too much money to go legally unlicensed...
I have only had 1 dck this school year which is why going legally unlicensed is more appealing to me right now. The only reason I haven't is because eventually I would like a couple more kids. Haven't had any calls at all in weeks! I am hoping to close my daycare within the next 3 years anyway, so this would be a good way to ease out. I have never made a lot of money doing this, even when I was almost full. Maybe I am doing something wrong!
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daycarediva 11:03 AM 10-07-2013
Originally Posted by slorey:
I have only had 1 dck this school year which is why going legally unlicensed is more appealing to me right now. The only reason I haven't is because eventually I would like a couple more kids. Haven't had any calls at all in weeks! I am hoping to close my daycare within the next 3 years anyway, so this would be a good way to ease out. I have never made a lot of money doing this, even when I was almost full. Maybe I am doing something wrong!
Depends on the area. A friend of mine lives near Buffalo (spring...something...) and pays less for her infant FT than I charge for prek PT.
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Familycare71 06:54 PM 10-07-2013
Originally Posted by daycarediva:
Same here.



YES! I get surprise inspections all the time!



That is exactly what I said in the email. If they can quote it, then fine. I still can't find the reg! This is what I found on page 133-134


it goes on to list the paperwork. Honestly, the information IS current and IS accurate. The DATE is not current. ARGH!

I just got a call from OCFS, so they are going to ask the other registrars and see what they do. I said, it didn't matter to me what they do, it matters to me what the regs SAY. I am NOT taking all of these violations without a fight because of the unspecific regulation!
Amen!!! Keep us posted on how it works out! A "current" date could mean so many things! Really- everyday to some!
Good luck to you!
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Sunshine74 09:40 PM 10-07-2013
Yes, please keep us posted. If that is true (and applies to centers) we have a lot of work to do. We update addresses/ phone numbers when the parents get new ones, but we do not do new paperwork every year.

Speaking of ridiculous things to get cited for, once we were cited for not having paper towels in the bathroom, when the last one had just been used, and all that had to be done was for someone to walk down the hall and get a new roll. They still had to note in on the paperwork and then write that it was remedied.

Originally Posted by daycarediva:
Depends on the area. A friend of mine lives near Buffalo (spring...something...) and pays less for her infant FT than I charge for prek PT.
Possibly Springville? That is about an hour from Buffalo.
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Play Care 02:58 AM 10-08-2013
Originally Posted by slorey:
I have only had 1 dck this school year which is why going legally unlicensed is more appealing to me right now. The only reason I haven't is because eventually I would like a couple more kids. Haven't had any calls at all in weeks! I am hoping to close my daycare within the next 3 years anyway, so this would be a good way to ease out. I have never made a lot of money doing this, even when I was almost full. Maybe I am doing something wrong!
I don't know? I am certainly not a millionaire
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Play Care 03:04 AM 10-08-2013
Originally Posted by :
That is exactly what I said in the email. If they can quote it, then fine. I still can't find the reg! This is what I found on page 133-134

Quote:
417.15(c) The provider must maintain on file at the family day care home, available for inspection by the office or it's designees at any time, the following records in a current and accurate manner:

it goes on to list the paperwork. Honestly, the information IS current and IS accurate. The DATE is not current. ARGH!

I just got a call from OCFS, so they are going to ask the other registrars and see what they do. I said, it didn't matter to me what they do, it matters to me what the regs SAY. I am NOT taking all of these violations without a fight because of the unspecific regulation!
This bothers me! Every few months I put a blurb in my newsletter reminding parents to let me know if they have any changes to personal information (phone numbers, etc.) so I can keep my files updated. So I am making the effort to make sure files are updated. Now I have to have parents in the course of their coming and going initial and date each piece of paper? Cause they are not taking it home!
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daycarediva 03:18 AM 10-08-2013
Originally Posted by Play Care:
This bothers me! Every few months I put a blurb in my newsletter reminding parents to let me know if they have any changes to personal information (phone numbers, etc.) so I can keep my files updated. So I am making the effort to make sure files are updated. Now I have to have parents in the course of their coming and going initial and date each piece of paper? Cause they are not taking it home!
I had all of the 'deficient' paperwork filled out and ready to be signed and had my daycare parents sign them all right there.

One of my dcds said it best "You're dealing with the state. NOBODY knows what the law is, especially them."

I will update everyone as soon as I hear back. She said she was going to try to call me yesterday so hopefully today.
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momofboys 05:03 AM 10-08-2013
Originally Posted by daycarediva:
I had all of the 'deficient' paperwork filled out and ready to be signed and had my daycare parents sign them all right there.

One of my dcds said it best "You're dealing with the state. NOBODY knows what the law is, especially them."

I will update everyone as soon as I hear back. She said she was going to try to call me yesterday so hopefully today.
LOL! I hope it works out for you & I agree with you - if it doesn't explicitly say you need a new form every year I don't see how they can cite you when the forms show accurate info!
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Familycare71 05:14 AM 10-08-2013
Originally Posted by daycarediva:
I had all of the 'deficient' paperwork filled out and ready to be signed and had my daycare parents sign them all right there.

One of my dcds said it best "You're dealing with the state. NOBODY knows what the law is, especially them."

I will update everyone as soon as I hear back. She said she was going to try to call me yesterday so hopefully today.

That is SO TRUE!!!
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Cradle2crayons 05:24 AM 10-08-2013
I update anything signed once a year in January. Nothing says I have to. I just do.

My things in current and up to date means information that's still true.

If EVERYTHING ON YOUR FORMS is true and correct, and still applicable, en its current, regardless of date is my thought.

I'd fight it too.
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daycarediva 07:16 AM 10-08-2013
Just heard from the 'head registrar'. She agreed that the reg is written in a confusing manner, but suggests that I fill out new paperwork annually, around my registration 'anniversary'.

I did tell her that I had parents fill out all new forms,, and that everything was the same and she said good, no citations THIS TIME. Next time she did say that it's up to the registrar to determine if there will be citations and that I WOULD be cited next time.

So NY providers, update those forms annually, regardless of what the regs say!
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Familycare71 07:34 AM 10-08-2013
Originally Posted by daycarediva:
Just heard from the 'head registrar'. She agreed that the reg is written in a confusing manner, but suggests that I fill out new paperwork annually, around my registration 'anniversary'.

I did tell her that I had parents fill out all new forms,, and that everything was the same and she said good, no citations THIS TIME. Next time she did say that it's up to the registrar to determine if there will be citations and that I WOULD be cited next time.

So NY providers, update those forms annually, regardless of what the regs say!
Ugh!!! Can you ask her to put into writing that to them current means annually?? Heaven forbid the next one think it means every 6 months!
Thanks for the heads up! I will do it annually-
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Play Care 08:14 AM 10-08-2013
Originally Posted by daycarediva:
Just heard from the 'head registrar'. She agreed that the reg is written in a confusing manner, but suggests that I fill out new paperwork annually, around my registration 'anniversary'.

I did tell her that I had parents fill out all new forms,, and that everything was the same and she said good, no citations THIS TIME. Next time she did say that it's up to the registrar to determine if there will be citations and that I WOULD be cited next time.

So NY providers, update those forms annually, regardless of what the regs say!
This needs to be clarified *in writing* IMO. Like Familycare said, one licensor says every year another says every six months, etc. That's BS.
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daycarediva 08:56 AM 10-08-2013
Originally Posted by Play Care:
This needs to be clarified *in writing* IMO. Like Familycare said, one licensor says every year another says every six months, etc. That's BS.
That is what I said as well. Apparently we are getting updated regs in 2014 and there will be a LOT of clarifications. She is putting it in writing, in a letter to me, but she can't change reg wording. UGH! At least they were willing to drop the citations (3-4 each kid x 9 kids enrolled!)

I agree, not super happy right now, and I miss my old registrar. She was AWESOME.
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Familycare71 09:09 AM 10-08-2013
Originally Posted by daycarediva:
That is what I said as well. Apparently we are getting updated regs in 2014 and there will be a LOT of clarifications. She is putting it in writing, in a letter to me, but she can't change reg wording. UGH! At least they were willing to drop the citations (3-4 each kid x 9 kids enrolled!)

I agree, not super happy right now, and I miss my old registrar. She was AWESOME.
The turn over either works with you or against you! When I love them- I'm sad... When I don't like them (one specifically I was told to report but was scared to because she would still inspect me!) I do a happy dance! Generally I know more than they do!
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Tags:inspection - unannounced, new york member
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