Friday, April 29, 2011

Washington State Whistle Blower Margo Logan steps forward to address child care licensing in Washington State

To parents, grandparents, the public, child care advocates, the media, senators and representatives of Washington State,

On April 22, 2011 the Superior Court of Thurston County affirmed my status as a whistle blower against DSHS (I have the court transcript approved by the judge). I had filed a lawsuit in 2008. I had kept that part of my life private and separate from my new career as a consultant, researcher, analyst and trainer.

At that time in 2008 in an email sent from the Attorney General's Office to the newest name of the state child care licensing agency, The Department of Early Learning (DEL) was told I had right to file a claim and the agency was not discuss to my case. In 2009 another email shows DEL contacted the Attorney General Office about my case. The Attorney General Office emailed back that they couldn't give information about my case, because my case was against DSHS. The DEL manager replied, "Can I call you?"

In February 2011, this year, Deputy Director, Bob Hamilton (who makes $112,000.00 a year and has great taxpayer benefits) email attached a letter to me with copies to senators, representatives, public individuals and another DEL employee) and wrote that I had a lawsuit against DEL. I didn't and I don't. DEL seemingly will use any avenue to not discuss and address why DEL managers don't comply with laws enacted by the legislature.

Since DEL made my case public in February and Thurston County Superior Court found this month in April I was (and am)a statutory whistle blower, I am making my whistle blower status public and I am willing to talk to the media, parent groups, child care provider groups (or individuals) and discuss the wealth of documentation I have to back up my testimony.

I will continue to testify to legislators. I thank so many of them who took right action in passing laws to protect your children.

My first and top priority is children being treated kindly and nurtured, and to expose those who hurt, maimed and in some cases killed children; or because of neglect children died in licensed and unlicensed homes.

My focus goes deeper to expose the unelected bureaucratic DSHS and DEL managers who failed in their duties to protect children through not adhering to the child care licensing laws and regulations.

I have also been an expert witness for child care providers whose rights were violated by DEL's unelected bureaucratic managers. Those cases were stunning in DEL's actions towards those licensed child care providers.

Thus the cases I have been on as an expert witness have been fairly balanced between helping parents whose children were hurt or died; and providers whose rights were violated.

I was certified by Pierce County Superior Court and the Yakima Office of Administrative Hearings as an expert on licensed child care.

In verifying to the Court of my whistle blower status I submitted over 500 pages of documents. Most of those documents I acquired myself, DSHS was either not asked by the Attorney General's Office to give discovery or DSHS once again on their own decided to conceal public records.

In 2002 I had made whistle blower reports, I was harassed, retaliated against, the usual drill when one reports wrong doing on the managers. The managers were having public records altered then they had the originals destroyed. DSHS didn't want the public and parents to know about applicants who had criminal histories, domestic violence, drug, child abuse, termination of parental rights, potential risks of homicidal and/or suicidal behaviors, etc. I fought their retaliation and won in 2003. DSHS settled with me and for a short time I got to do my job without being ordered to break the law. In 2003, we had the best supervisor, high productivity and high morale. Then he left in 2004. The settlement the DSHS managers and I signed was to be kept confidential. I did so. But just like in February of this year by 2004 it was not kept confidential by the DSHS managers.

In 2004 the DSHS managers started up again concealing, altering and destroying public records as well as not revoking licenses on child care providers that put children at risk.

Yesterday King 5 News reported on Anne Ladale Moore in Marysville making more than $232,000.00 in one year doing day care. Amy Blondin, Communications manager who makes $93,000.00 a year with great benefits from your tax dollars told King 5 News DEL monitors the 24/7 daycare homes. No they don't. DEL is open Monday-Friday 8 am -5 pm. Now today DEL has closed Moore down and taken her off the website in violation of RCW 43.215.370, a law to post on the website what enforcement action had been taken on the provider.

Overcapacity has been a huge issue for years. DSHS and DEL managers would not enforce the licensing capacity laws. I found Connie King in Vancouver alone with 21 children (after I looked upstairs and found 8 up there, 6 in one room, and 2 babies each in separates rooms with the doors closed. There was no fire escape from the 2nd floor. These were repeat violations. My supervisor would not revoke her license. King discouraged parents from coming into her home to pick up their own children. They had to sign in and out at the door.

Parents have been treated so badly by these unelected bureaucratic managers. Information is hidden from them. Child Care Resource and Referrals are another way to cut the budget. It is no more than a smoke screen giving the illusion that because they have a list of names of providers they know the providers histories. Resource and Referrals aren't allowed access to the histories. Parents believe because they are licensed they are safe, kind places for their children. At least one company head of that agency makes over $100,000.00 a year again your tax payer money.

I am not a disgruntled former DSHS employee, I am a determined former DSHS employee and any elected government official who will step forward to hold and expose these unelected bureaucratic managers I will be there to support and honor their courage in taking those steps.

Yesterday I made a visit to the State Auditor, Brian Sonntag's office. I was treated most courteously and respectfully by Jim Brittain and other staff in Brian's office. I have a request in to meet with Brian Sonntag. Until the State Auditor writes a report addressing every assertion (it's part of the whistle blower law) I made in 2005 all those whistle blower investigations remain open.

I am willing to move forward to help the State Auditor,Brian Sonntag, Governor Gregoire and Attorney General Rob McKenna to address this problem the state of Washington has with these unelected bureaucratic managers who did not and the ones currently who will not follow the laws enacted by the Washington State Legislature.

If the whistle blower laws needs to be strengthened I will be glad to testify to how that can be done.

Wednesday, April 27, 2011

Colby Thompson 9 months old and Senator Eide's Unlicensed Care Bill passed 2011

A thank you to Senator Eide for caring about this baby, Colby Thompson, who sustained horrible permanent damage to his little soul by an unlicensed family home child care provider in 2010.

There is all ready an RCW & WAC (regulation)regarding unlicensed care and a history by the child care licensing agency of not complying with that regulation and/or failing to give the unlicensed person full knowledge of the full content of and consequences of the law.

Again and historically the unelected bureaucratic managers will simply ignore this RCW like they did with RCW 74.15.100, RCW 74.15.030(2)(b)(3), RCW 43.215.330, RCW 43.215.340, RCW 43.215.370, RCW 43.215.250, RCW 43.215.005(4)(d)(i) to name a few.

When I was a licensor I would send out the letters to unlicensed folks enclosing the law and the penalties for not following the law. Supervisor Darcy Taylor on June 1, 2005 wrote me an email: "Dear Margo, I am directing you to discontinue sending a copy of the RCWs with unlicensed letters." Before Taylor became supervisor, under supervisor Glen Berringer, he not only let me send out the letters he allowed me to do follow up, he had the Attorney General's Office send injunction letters and then went out with me, sometimes repeatedly to make the point to the unlicensed person...stop doing unlicensed care. In my 13 years of being a child care licensor that was the only year and the only manager who pragmatically and consistently supervised the agency per RCW and WAC.

DEL will not comply with postings to a website regarding RCW 43.215.370 or RCW 43.215.005(4)(d)(i)and there is nothing coming out from any unelected bureaucratic DEL manager that they will honor this child, this mom or respect this senator with the passage of Senator Eide's bill.

I will write a follow up post about another unlicensed home in Clark County where a baby died and then the unlicensed (formerly licensed) provider continued providing unlicensed care and the supervisor did not investigate when a concerned citizen called in to report unlicensed care was still happening in that home. In a whistle blower investigation on that DEL supervisor she was promised before the investigation that no disciplinary action or retaliation would happen to her for cooperating with that investigation.

Again a thank you to all the senators and representatives who work to do the business of the citizens of the state of Washington.

Tuesday, April 26, 2011

Training suggestion from day care provider Robin Johnson who murdered 18 month old Charlotte Wetzel

In Robin I. Johnson's 1999 letter to her former licensor she wrote: "There is a serious need for mandatory training hours in the area of positive alternatives to discipline, as well as anger and stress management. Workshops instructing providers how to appropriately deal with the stress of behavior problems common among young children (especially toddlers and pre-schoolers) would be a positive step toward the prevention of abuse."

10 hours of annual mandatory training WAS put into the family home child care licensing regulations in 1999. Then in 2004 DSHS program manager Mary Oakden re-wrote the regulations and TOOK OUT that annual training requirement. 7 years ago.

But Deputy Director, Bob Hamilton with his $112,000.00 a year salary and Amy Blondin, Communications Manager with her $93,000.00 salary can't fill out one of those little expedite-this-form (that could have been done back in 2004) that would get that requirement put back into the Washington Administrative Code (WAC).

Amy Blondin is the "Communications" manager and she won't add a link to the DEL website to be in compliance with RCW 43.215.370.

With the money, health care benefits and retirement benefits they get from you the parents and grandparents who use day care, you the taxpayer who provide financially very well for Bob and Amy, they seemingly don't care about your children or your peace of mind when you go off to work. Does Director Betty Hyde care? Does her boss, Governor Gregoire care?

If the issue is not intentional failure of duty by civil servants what other explanation is there? Are you, the parent, the grandparent, to believe that Bob can't read, that Amy can't read? Betty can't read? Are we to believe the "education" governor, Christine Gregoire hired folks without such basic reading skills as to how to read RCW and WAC? Then to follow the law? Is that too much for the taxpayer to expect.

It's ironic that a provider who murdered an 18 month old girl made a suggestion that providers be trained properly to protect children and the unelected bureaucratic managers of the Department of Early Learning went in the opposite direction and took out that training requirement.

But Bob and Amy are doing well...with your money.
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Monday, April 25, 2011

DSHS - Robin I. Johnson murdered 18 month old Charlotte Wetzel-Her Words to Day Care Licensing

When will DSHS and the Department of Early Learning (DEL) protect children in Washington State? The fingerprinting bill is making yet one more rounds through the legislature this 2011-2012 legislative session.

I thought I'd post this article and opinion piece I wrote back in April 2011 about what a day care provider who murdered a fourteen month old in her care wrote to DSHS with a suggestion how to figure out a person who had her instability and not license them.

Here's my article and opinion piece from April 2011:

A reader of the Tacoma Tribune wrote a comment:

"Do those who the state gives a license to not only get a background check but a physiological and take a polygraph test? If not they should. Who knows what lurks in the minds of those we let take care of our kids. I would like to know that everything possible was done to ensure that those taking care of our children were fully screened and tested before taking care of any child that comes under their care."

Robin Johnson killed 18 month old Charlotte Wetzel in 1998. Robin had stomped on Charlotte's stomach causing internal injuries. Robin had previously abused Charlotte as well as other little girls in her licensed day care. Robin was 33 at the time.

Robin wrote a letter to her former licensor with a suggestion on how to keep children safe from people like her.

The letter was received by DSHS on April 22, 1999. Four years before Robin's suggestion in 1995 the legislature strengthened the laws protecting the children in licensed day care.

The unelected government bureaucracy is so broken and has been for 2 decade. As a former licensor and current expert witness at a minimum I urge parents to become essentially your own detectives if you must use licensed care. If you use unlicensed care also be your own detective. Both for your peace of mind and the well-being of your child.

This author is fed up with the unelected government bureaucracy blaming parents.

You cannot trust state employees to follow the licensing laws consistently, in fact, evidence shows that laws enacted by the senators and representatives you elected to represent the health and safety of you as a citizen and of your child in regards to child safety are cavalierly ignored by state employees starting from the top managers on down through the middle managers and then to the supervisors.

Top ranking elected officials such as Governor Gregoire, Attorney General McKenna and State Auditor, Brian Sonntag at a minimum appear impotent to enforce the laws of the legislature. Why is that?

Robin I. Johnson took full responsibility for abusing and killing Charlotte in her 1999 letter. Robin gave the child care licensing agency a suggestion on how to better monitor and evaluate potential daycare providers before giving them a license. Robin wrote:

"The most important issue, which I feel very strongly about because of the serious, even life-threatening impact it can have on any home daycare. Again, I speak from an insight from personal experience on this issue; the catalyst which played a major role in my crime. There is a dire need for mental health evaluations for all home daycare applicants. According to WAC 388.155.180 providers are expected to to be of sound mental health, but this cannot be truly ensured without proper evaluation. Applicants are carefully screened to ensure the children are placed in a safe, well-prepared, and thoughtfully planned daycare environment, with the exception of an evaluation of the applicant's mental stability."

What Robin didn't know and parents aren't told is that her recommendation was all ready a "shall" under the law per RCW 74.15.030(3)to investigate each applicant for "character, competence and suitability". That law allowed and does allow the state today to direct an applicant and other member of the household to get a mental health evaluation on a determination that one is so needed to enforce the intent of the law which had been strengthened in 1995 by the legislature after 4 babies died in licensed foster care (one was a day care baby)in 1993 and 1994.

I reviewed the "home study" the licensor did on Robin Johnson. Those important questions were on the home study and the licensor did not ask them. Robin is right, she was praised for having her environment look good. There was about a 3 sentence write up regarding the home study.

I as a licensor (a social worker 3 who by experience and with a masters in social work) had the expertise to ask the questions to make an evaluation as to the capabilities of the applicant to care for children. I did so. Folks struggling with hidden shame or on shaky grounds around the issue of allowing such a person to be alone with small vulnerable children who avoided or refused to get the mental health assessments I required of them, with that non-compliance I moved and denied the license. In 1993 when I got my first day care provider caseload of 260 I was appalled at who had been allowed to continue providing care. One day care provider had been fined in court for "child endangerment" and was allowed to keep her license. At the next "bloodied" child complaint, I interviewed her and found her to be very depressed; and probably had been chronically depressed for some time. I revoked her license. Why had DSHS managers allowed her to stay licensed?

In the course of my DSHS career I witnessed the laws made by the legislature ignored. In or around 2004..2005 unelected bureaucratic managers were directing licensors not to investigate applicants per RCW 74.15.030(3)for "character, competence and suitability".

Robin had only worked in a daycare center for one month when she applied to take children into her own private home. With the little girls in her care she had "backhanded them" "pulled their hair" "pushing them down" "shaking, dropping, kicking, stomping" One child "had had an area of hair almost the circumference of a 'pop can' pulled from her head" "Robin had hit her with a white belt, spanking her until she fell down". Robin explained away the many bruises to parents that asked. One child began having "night terrors" waking up "screaming and often not calming down for 30 or 40 minutes."

From the CPS investigation summary report: The grandparents of one little girl stated: "..that they spoke to a pediatrician and to a day care consultant about the fact that (redacted name) was indicating strongly by her crying and her body language that she did not want to be left at the Johnson's home in the mornings. Mr. and Mrs. (name redacted) were told that some crying and reluctance to be left for care was quite normal, and should not be cause for concern. This case would certainly be an object lesson on the fact when a child exhibits these behaviors in regard to their day care situation,the parents and grandparents should make every effort to determine the source of their child's fears and apprehensions, and to report to the agency any information that would indicate abuse or neglect or which would be helpful to the licensor."

This author is fed up with the unelected government bureaucratic managers blaming the parents and not investigating the unelected bureaucratic managers who operated the agency in such a way as to allow children to be at risk, treated meanly and in some cases to have died.

Who was the "day care consultant"? Likely,it was a child care resource and referral agency. They exist because of your federal and tax money. They are not allowed access to child care licensing files to know any of the history on any providers. A false sense of security is provided to parents in the media hype that Child Care Resource and Referral agencies and Child Care Licensing agencies look out for the well-being of your child. The head of the state contracted agency makes over $100,000.00 a year as well.

Then the DSHS Division of Licensed Resources Child Protective Services (the layers of bureaucracy grow like a cancer after x number of deaths happen in child care, the managers stay the same, are often promoted, more taxpayer money is spent, the name of the agency changes, until another threshold of deaths become too much of a media story then the "reform" story and hype repeats itself) does not "investigate" the child care agency for possible neglect or failure of duty in licensing child day care homes and centers.

Robin Johnson suggestion was a good one in 1999. Robin had read WAC 388.155.180 correctly. Robin didn't know and I'm sure Charlotte's parents didn't know the legislature had enacted Robin's "suggestion" in 1995. The unelected government bureaucracy ignored the legislature.

Then that other portion of the unelected bureaucracy "investigated" only Robin and did not investigate the unelected child care licensing agency managers for their failure and neglect of duty to the citizens of Washington State.

Covering the most essential duties to keep your children safe have gotten worse over the years but the financial wealth of these unelected bureaucrats has increased. The number of managers who fail at their jobs has increased as well as their paychecks.

The Communications Managers, Amy Blondin, Communication Manager for the Department of Early Learning (the latest name for child care licensing) brings home at least $93,000.00 a year with health benefits and retirement benefits. Her boss, deputy director, Bob Hamilton brings home $112,000.00 a year with health benefits and retirement benefits.

Yet Washington State is in a dire budget situation.

You, the public, parents and and most certainly most of your teenagers know how to put a website up on-line in 15 minutes (if you don't know, Google Siteskins to do that), but these two highly paid child care licensing bureaucrats who make over $200,000.00 a year can't or more precisely won't comply with RCW 43.215.370 passed in 2007 (almost 4 years ago) to post those providers who hurt children, put them at risk or where children actually died as a result of being in a licensed provider's care. The Department of Early Learning is on FACEBOOK and could comply that way as well as on their own website. But they refuse to comply with this law.

Robin Johnson's suggestion was a good one in 1999. 12 years ago. It had become law in 1995. 16 years ago.

The only math going on is towards spending your tax money to enrich these unelected bureaucratic managers who won't comply with the laws.

Thursday, April 7, 2011

Child Deaths in Daycare and Failure to Inform Parents and the Public of Revocation Action in Washington State

Jesse Hunt died January 14, 1994
THE FOLLOWING INFORMATION IS NO LONGER IN CAMIS

(Children's Administration Management Information System) and also not in the newest DSHS computer system FamLink)

This former provider (Edith Goetz) and any of the family members could again apply for a license. The computer system which licensors would search to look for CPS history, the history on this daycare home is GONE.

Edith and Dean Goetz were licensed for almost three years. They had teenage daughters.

The legislature passed a law (RCW 43.215.370) in 2007 that to date the Department of Early Learning (DEL) refuses to comply with and reporting this violation of the law to Dr. Betty Hyde, director of DEL, Bob Hamilton, Deputy Director of DEL, Amy Blondin, Communications Manager of DEL, State Auditor Brian Sonntag, Attorney General, Rob McKenna and Governor Christine Gregoire and a number of Senators and Representatives in April 2010 (now a year ago) has resulted in NOTHING BEING DONE to require DEL to comply.

Why has no action been taken against these unelected government manager bureaucrats for not posting revocation action against licensed facilities that put children in harm’s way or actually hurt them; and in some cases killed them?

Below is some of the history of the home where 7 month old Jessie Hunt was in before his death. His mom was never told any of this history and only learned it after her son was dead.

Dear parents, Jessie’s mom went through Child Care Resource and Referral. Child Care Resource and Referral gets good money from you, the taxpayer and they get NO INFORMATION ON THE LICENSING HISTORY of the list of homes or centers they then give to you.

A reasonable person would have revoked the Goetz license in 1991 and Jessie would never have been in that home in 1994. A reasonable person would have been shocked and horrified and revoked the license.

Edith Goetz was first licensed March 1991 for six. After contacting licensing that they needed more money the state let them go to eight the very next month. By June the first very serious CPS concerns were reported, two separate reports:

• Provider kicked her step daughter who had bruising.
• Step daughter described provider hitting her in the head and back with her hand and a belt.
• Another daughter the same day reported that the provider, also, kicked her.
• This daughter asked to be placed in protective custody
• So what did licensing do? They up the provider's capacity to 10, then to 12 by December 1991.

On November 20, 1991, Debby Brown, licensor sent a letter to the provider's counselor with the following information:

"I find Mrs. Goetz to be a somewhat overbearing, controlling person. She tends to wants things her way, sometimes overly stern with Day Care kids. She is trying hard to be professional in her day care and provide good activities. I regret that my caseload does not allow me more time to observe her interactions with the children more extensively.

Ellyn Turner related that she tends to be rigid and denying. She evaluates the family as dysfunctional, stressed, rigid and little warmth.

Both kids are extremely unhappy and appear frightened. They describe verbal abuse and (name redacted) is still being hit. (Name redacted) says that Mrs. Goetz hit Day Care kids. They have low self esteem and have heads down around their mom. Ellen feels that there is corporal punishment being used.

Mr. Goetz is quiet and asked for help in anger control. I have never met him.

Mrs. Goetz refused home builders services, said she didn't need help and that she already uses the skills. The hold has been lifted from the home.

My supervisor and I are leaning toward raising the licensing capacity to 10 but not 12 at this time. Later next year, possible reevaluate and raise to 12 after we give the family some time to deal with their functioning problems. Mrs. Goetz is not satisfied with these acts and is being very pushy for 12. We are recognizing the fact that allowing her to have more than 8 will giver her better income so that she can have an assistant who says she is a support to her. With no assistant, I can recognize she will be under more stress.


More CPS complaints and licensing complaints came in:

May 1992 - One of the provider's daughters was observed by a day care parent to shake a baby violently. The provider took the baby away from the daughter and started hitting the daughter.

June 1992 - A daughter reports afraid of being hit by the provider and her husband. The daughter lost a volunteer job for use of inappropriate sexual language with children.

December 1992 - A daughter reports being yelled at and having her hair pulled by the provider's husband; and that he hit her with the handle of a hammer.

April 1993 - A daughter reports fear of going home to the provider and her husband. CPS places the daughter in a receiving foster care home.

May 1993 - A former assistant reports the provider hitting day care children over and over again." The assistant further reported the provider gave medicine to drug the babies to sleep and she had seen the provider slap, punch, and kick her children. The assistant also witnessed one daughter throw a knife at the other daughter.

August 1993 - licensor Judy Becker wrote the provider a letter stating:

"Generally, the referrals describe your discipline of your children as angry and harsh, including kicking, hitting with hands and fists on heads, arms, shoulders, slamming (name redacted) against the wall and causing and injury after she talked to CPS, and saying mean and degrading thing to the children. The referrals come from very different sources, so it is not just one person who might b wanting to cause you trouble. The last one indicated that you might be spanking the every little day care children as well.

We do not live in your home and cannot determine exactly the nature of your discipline and negative effects on your children. However, referrals to Child Protective Services in two years, saying basically the same thing, and from different sources is indicative of serious problems. Since you rely on day care for much of your income, you cannot further jeopardize your license by having more referrals. You must understand the necessity of following exactly all the day care regulations, especially regarding the serious matter of discipline and medication....In addition, your discipline methods with your own children do impact the day care and will impact your license. Even if it only happens once or twice a year, losing your temper to the point of hitting or kicking them or leaving marks or bruises is clearly unacceptable."


November 1993 - CPS complaint from a day care mom that both she and her son witnessed the provider hitting day care children.

January 14, 1994: Jesse Hunt died. Doctors suspected shaken baby, suffocation or strangling. Jesse was almost eight months old.

Licensing failed to conduct an investigation on any of the complaints, only sending a wagging finger admonishment letter to the provider.

The state still did not take any legal action until May 16, 1994 four months after Jesse Hunt died. The legal action cited all the complaints made to the state that were never investigated as the reason for not renewing her license.

The licensing managers remain in this 1994 mind set in this author’s observations, expertise and opinion in their failure to see to the health, safety and well-being of the child in licensed care.

In 1994 after the licensed foster family Manson home where 4 babies died (one a day care child) an outside committee conducted a child death review and as result of that review in 1995 the legislature clarified by strengthening the law for DSHS managers to conduct oversight for the protection of children which comes first (RCW 74.15, “intent”).

Judy Becker one of the licensors of the Goetz family home day care is now a supervisor for DEL out of the Tacoma Office.

This author likes Judy Becker very much. We served on the Statewide Customer Service Committee together one year. We had many laughs together. We worked in the same region. It saddened me to come across this information. When I saw the disconnect coming from Judy in her oversight over this home I was shocked. How could a kind, smiling person like Judy Becker not see?

Homebuilders mentioned in this article? Homebuilders was a contracted program that CPS used as a last resort on a private family who had serious risk issues to the family’s children. If a family refused Homebuilders typically the next step would have been removal of the children from the home either by the police or a Court order.

Unelected bureaucratic managers are not accountable to you, the citizen of Washington State. I tell and expose some of these stories to give parents a more complete picture of the state of child care licensing.

There are some excellent child care providers out there. I had some on my caseload as a licensor. Perhaps one of them will write a guest blog and tell the things they saw from being in the provider community.