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  #1  
Old 06-08-2009, 06:35 PM
Into Hugs
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Exclamation Listening devices

I have a in-home family daycare. I have suspected for weeks that a new client had brought some sort of surveillance device without my permission into my home. I found today that it was a Memo Q audio pen. What laws did she break? What are my rights?
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  #2  
Old 06-09-2009, 11:41 AM
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I would be HOT! You could call the police station (not 911) & explain what happened & ask what laws she broke & what you can do.
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Old 06-09-2009, 11:50 AM
sweetcinna sweetcinna is offline
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I think that if you feel that you cant trust your provider that much that you need to spy on him/her, then you need to find a new provider or do daycare yourself. I have nothing to hide, however i would never allow this in my home, ever!!! Who the hell does she think she is, the FBI!

No one has the right to tape you in your house without your permission. I think I would discuss this with this parent and give her two weeks notice and ask her to find other care cause she clearly does not trust you! Which could lead to problems later on down the road.
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Old 06-09-2009, 11:53 AM
sweetcinna sweetcinna is offline
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I would also make it very very clear that you do not allow these type of devices in your home and if you find it again(in the two weeks of course) she can pick her spying device up on your front porch. Cause thats where i would put it!
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Old 06-09-2009, 11:54 AM
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Yeah, I don't like that at all. I was looking around on the Internet about it and it seems like it's on state by state basis whether it's legal or not. Most the stuff I saw also mentioned the person having to be there if they are doing the recording.
Those pens aren't cheap either. If they don't trust you, why are they sending their child to you?
That's really scary and kind of sounds like they may be looking for fuel to burn you on something. Or it may be completely benign.
Maybe the pen could accidently fall behind the children's storage area or someplace that it could have naturally happened and let them ask for it back. Or just let her know you found it and ask her if there is something she would like to discuss. Find out about what is legal in your state though and maybe a call to DCFS yourself might be a good idea to start covering your own bases. Ick, gives me the willies.
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  #6  
Old 06-09-2009, 12:49 PM
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I agree with all posted, but then, I probably would of broken it into before I handed it over.
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  #7  
Old 06-09-2009, 04:37 PM
GretasLittleFriends GretasLittleFriends is offline
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Out of curiosity, what made you suspect that the client had a surveillance device? Did you say anything to them after you found it? Was it well hidden?

Does the client know you went rummaging through their stuff to find the device? Please note I only word it that way from the client's perspective. That is NOT how I feel about it. I go through the kids' bags here just to be sure there aren't any surprises. (I had one little guy bring earth worms once, unbeknown to his mother.)

I would be rather upset if a parent felt they had to spy on me. I can understand a parent's concern for a child's safety, but that's a bit unreasonable. I agree that client should be seeking care elsewhere. Though it does suck to lose a child if you've become attached to him/her.
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Old 06-10-2009, 10:32 AM
stimpson stimpson is offline
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From what I can see, the situation you describe is illegal. In some states, both participants in a conversation being recorded must be aware of and consent to being recorded (California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Nevada, Pennsylvania and Washington).
In other states, at least one of the subjects being recorded must be aware/consent (Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming).
Unless you are being investigated by an official law enforcement body (ie. a warrant has been issued for surveillance of your premises), private use of clandestine recording devices in an area where the subject being recorded has a reasonable expectation of privacy is blatantly illegal.
I would simply tell the parent that you discovered the device, that such an occurrence is not acceptable and is illegal, that she can't afford for there to be any trust issues with parents of children in your care, and that you are terminating their daycare services immediately. I would not argue or even become involved in any conversation after that. I would then put the word out to other daycare providers in your area and advise them of the parents activities. If they feel the need to record, they need to watch their own child.
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Old 06-11-2009, 04:55 AM
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Quote:
Originally Posted by mac60 View Post
I agree with all posted, but then, I probably would of broken it into before I handed it over.
My hubby had a great idea..............He said he would have soaked that sucker in the sink for the day!
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Old 06-11-2009, 07:28 AM
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Did you say anything to the family? What came about it?
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  #11  
Old 06-11-2009, 08:39 AM
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Quote:
Originally Posted by stimpson View Post
From what I can see, the situation you describe is illegal. In some states, both participants in a conversation being recorded must be aware of and consent to being recorded (California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Nevada, Pennsylvania and Washington).
In other states, at least one of the subjects being recorded must be aware/consent (Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming).
Unless you are being investigated by an official law enforcement body (ie. a warrant has been issued for surveillance of your premises), private use of clandestine recording devices in an area where the subject being recorded has a reasonable expectation of privacy is blatantly illegal.
I would simply tell the parent that you discovered the device, that such an occurrence is not acceptable and is illegal, that she can't afford for there to be any trust issues with parents of children in your care, and that you are terminating their daycare services immediately. I would not argue or even become involved in any conversation after that. I would then put the word out to other daycare providers in your area and advise them of the parents activities. If they feel the need to record, they need to watch their own child.
This was very well said.
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  #12  
Old 06-11-2009, 01:26 PM
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First thing I would do it take it and make it disappear! I would of course keep it just in case it is needed as proof that she did send this recording device into your home. I would also be curious to see if they ask for it back or not. Then I would play stupid, say I never saw it and get defensive and question them about it. But I definitely wouldn't let them know I took it. Secondly, I WOULD CALL A LAWYER! If it is illegal in your state I would definitely bring this matter to the fullest extent of the law! That parent has some nerve!!!!!! I'd be PISSED! How dare they intrude on your privacy that way!!!!
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Old 06-11-2009, 07:23 PM
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Quote:
Originally Posted by Into Hugs View Post
I have a in-home family daycare. I have suspected for weeks that a new client had brought some sort of surveillance device without my permission into my home. I found today that it was a Memo Q audio pen. What laws did she break? What are my rights?
She broke numerous wiretapping laws, and I think that is justification for an immediate call to the parent informing them that they need to come get their kid, and begin another search for child care. I don't care if it's 7am, 12 noon, or 4pm...that kid would be dressed and waiting for mom and dad in the entry way.

If they feel that you can't be trusted this badly, then they can keep right on going.
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Old 06-16-2009, 02:36 PM
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Quote:
Originally Posted by Unregistered View Post
First thing I would do it take it and make it disappear! I would of course keep it just in case it is needed as proof that she did send this recording device into your home. I would also be curious to see if they ask for it back or not. Then I would play stupid, say I never saw it and get defensive and question them about it. But I definitely wouldn't let them know I took it. Secondly, I WOULD CALL A LAWYER! If it is illegal in your state I would definitely bring this matter to the fullest extent of the law! That parent has some nerve!!!!!! I'd be PISSED! How dare they intrude on your privacy that way!!!!


Great idea! You could also record a message telling them that you will no longer be caring for their child and hand them the pen with the child's things when when they pick up. When they ask whats going on? Tell them to listen to the pen!
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Old 06-16-2009, 10:01 PM
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Quote:
Originally Posted by seashell View Post
Great idea! You could also record a message telling them that you will no longer be caring for their child and hand them the pen with the child's things when when they pick up. When they ask whats going on? Tell them to listen to the pen!
Now that's just funny, I don't care who you are!
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