Sunday, July 31, 2011

Send SEIU 925 Day Care Providers to Child Development Classes

It's going on seven long years since the last WAC revision to the Family Home Child Care Business Regulations.  It's dragged on and on and on and on.

On July 7, 2011 the Washington State Supreme Court issued their decision about what is paramount about licensed day care...and it's the child.  

In my last blog I identified SEIU 925's focus as one of "self interest" and not a real interest in the children per my analysis of their website. Now as I read the latest comments copied in below from SEIU 925 on the WAC revisions demonstrates these folks don't understand child development.

SEIU wrote (I put their comments in italics):

WAC 170-296A-1725 Providers must have high school diploma or equivalent by January 2015.
Concerns: There are many providers who completed their high school education outside of the US and, due to civil war in these countries, are not able to obtain their records. What will happen in this situation? We also believe that new providers should have two years to obtain their GED. The reason for this is that once they are licensed, they can access the scholarship fund to minimize the financial burden of this new WAC.


My response:  The Department of Early Learning was created with the idea of learning, learning related to working with the children, not a learning, training program using vulnerable children as guinea pigs, not as a scholarship fund for people looking for an education funded by the state.

WAC 170-296A-7075 Infants must be in the licensed area “approved for infants”
Concerns: This is not appropriate-many infants are not able to sleep when they are in such close proximity to other kids. We propose this WAC should say sight or sound or in an adjoining room and need to be checked on a regular basis and not include toddlers. Research shows that sleep is critical to young children.


My response:  SEIU educate yourselves on SIDS.

WAC 170-296A-1525 Must report licensee, staff or household member if alleged to have committed … abuse or neglect…then screened in as complaint.
Concerns: A neighbor could call in a complaint and the provider would not know about it or a family member could do something and not tell the provider… how would provider have knowledge of all issues/circumstances. You can’t report if you don’t know about the complaint. What if the person is innocent? An allegation should not have to be reported, only if the person is charged or convicted, same as in (2)(a).


My response:  Allegations must be reported so an investigation can be done to ensure DEL can make a determination if children were hurt or at risk.

WAC 170-296A-1175 Basic 20 hours of training prior to receiving license
Concerns: We would like to keep current WAC because in order to access the scholarship funds, a provider needs to be licensed.


My response: This represents to me a core issue about SEIU providers. Rather than stating add a subsection that reimburses someone if and after they are granted a license, SEIU supports giving licenses to folks who are not trained first.  I believe this was an RCW. You can't simply change RCW because you don't like the law the legislators passed. 

WAC 170-296A-2275(2,a,i) Report “reasonable expectation” illness or incapacity of Provider within 24 hours (2,b,i) Report charge or conviction for a crime reasonably related to providing care for children
(2,f) Report to DEL change in required policies within 24 hours
Concerns: Over reporting—providers cannot predict the future. What is the definition of reasonable expectation? Could vary from provider to provider.


My response: If you're not sure what "reasonable" means and you feel ill call DEL or the Health Department to get their input.  If someone gets arrested call DEL.


WAC 170-296A-5775(1,2,3) Licensee absence – expected outside work schedule – must inform DEL before employment
Concerns: How does this improve the health and safety of children? Why does the licensor need to know?


My response: If you have to ask maybe watching vulnerable, innocent children may not be what you should be doing. I could go into detail with examples about this one.  One provider, 3 different children, 3 different broken bones, a child came to her day care one morning with long hair and left with short without any adult noticing...why...provider was at her other job.

WAC 170-296A-5850, 5875, 5900 Must notify DEL of absences, closures, staffing changes, licensee’s potential absences.
Concerns: Providers would be on phone with DEL staff endlessly & providers would require a crystal ball to address potential absences. This is way too invasive and nosy as small business owners. If Providers are meeting staff qualifications, ratios, and following their policies and procedures, that’s all DEL should be requiring.


My response: As a former licensor the excellent providers on my caseload (the ones with no complaints, violations or injuries) were at their daycare minding to the needs of the children, the kids were having fun, they were having fun, the children were still alive when the parents came to pick them up.  One provider I'd visit...every time she asked me, "Why do you let them keep a license?  The regulations aren't hard?"   The answer? The managers and supervisors wouldn't allow it.


WAC 170-296A-6125 Must prevent harmful or aggressive acts by other children or immediately intervene
Concerns: Sometimes things happen so quickly that a provider only has a reative time to intervene and children can still be hurt.


My response: This a most concerning and revelatory statement. SEIU providers do not know child development, don't know how to create an environment and how to work with children.  There was and I suspect still a major issue with being overcapacity.  If you can't keep the number of children you have health, safe, happy and protected, and alive you have too many kids.


WAC 170-296A-6400(3) Inform parents of planned off site activities at least 24 hours before activity – even if in policies and procedures
Concerns: This would be in policies and procedures and parents have a copy. It takes the spontaneity out of a child’s day.


My response: SEIU doesn't understand structure, consistency and planning. It doesn't take the spontaneity out of a child's day, it may prevent the provider from hauling the kids around while she runs errands. 

WAC 170-296A-6450(2) Requirement of cell phone for off-site activities
Concerns: Need financial impact study.





My response: SEIU doesn't all ready know the answer to that question?  After seven years you don't know who in your community doesn't have a cell phone?

The Washington State Supreme Court affirmed the legislature's intent that the health, safety and well-being of the child, the welfare of the child in licensed day care is paramount over the right of someone to care for a child in licensed care.

The legislature, the Attorney General and the highest court in the State of Washington has spoken up for the child and by doing that they spoke up for that child's parent.  It's come back full circle to 1995.

Now DEL managers will have to be educated on what they don't know so that licensing is highly professional, knowledgeable and consistent in their practices.

WA State Supreme Court, AG Rob McKenna, SEIU, C.A.R.E. and the Protection of Children in Licensed Day Care

837287 answer to amici.pdf (application/pdf Object)

The Washington State Supreme Court in their July 2011 opinion in Kathleen Hardee v DSHS upheld the legislative intent via RCW 43.215.005(4)(c) that the health, safety and well-being of the child in licensed day care is paramount over a right for someone to provide that care.

The Washington State Supreme court opined July 7, 2011: "A license is an endorsement that lends credibility and esteem to an individual. It is a benefit granted by the State and it encourages third parties to believe that the State sanctions and positively evaluates the work of the license holder." Speaking further to a license being granted: "Rather, the revocation is a withdrawal of the State's endorsement and certificate of approval."

By "third parties" the Washington State Supreme Court means parents out there...parents who want the best for their children.

In repeated cases starting in January 1994 when 7 month old Jessie Hunt died, his mother had that belief...that having a day care license meant that DSHS had positively evaluated the work of the license holder where her son went while she went to work. The same for Jaclyn Frank's mom, ten years later. Eighteen month old Jaclyn died December 1, 2005 in a licensed day care home.

I thank the Washington State Supreme Court Justices James M. Johnson who wrote the lead opinion. Gerry Alexander, Tom Chambers and Susan Owens "signed lead opinion." Justice Barbara A. Madsen was the "Concurrence Author", signed by Debra L. Stephens and Mary Fairhurst. Justice Richard B. Sanders who lost his election bid to Charles Wiggins, dissented. I'll address Justice Sanders dissent in another article.

Although the Justices are far removed from the direct connection to seeing the sweet faces of Jessie and Jaclyn their ruling may give a small comfort to Jessie and Jaclyn's parents who precisely spoke the same words to anyone and everyone after their children died.

This is also a thank you to Attorney General, Rob McKenna who authored the State's response to SEIU 925, Childcare Advocate Resource and Education and NW Justice Project's Amici Curiae and delivered it to the Court on January 5, 2010 (click on link above for that).  An Amici Curia is basically a paper/report these three organizations wrote to say Kathleen Hardee should not have had her daycare license revoked.

McKenna wrote: "Instead the Court should recognize how the importance of providing child care supports using the preponderance of evidence because that standard reflects the public interest in protecting children from inadequate providers."

It is my estimation that a preponderance of daycare providers who supported SEIU 925 were involved in getting the annual training requirement removed from the family home child care regulations in October 2004; and who since have never advocated for it's return.

Yet ironically in their pitch to the Washington State Supreme Court they see themselves in the same licensing vein as a licensed physician.

Now that the Washington State Supreme Court has weighed in on protecting children in licensed day care and the Attorney General, also, made such an argument, we now focus on the Department of Early Learning (DEL) to get their child day care licensing, oversight, complaint investigation and enforcement duties together.

I suggest that SEIU 925, C.A.R.E and the Family Child Day Care Association take some time to reflect on the children who have been hurt, maimed and the ones who died in licensed (and unlicensed) care.  An analysis of your websites doesn't reflect you have a heart about those children.  Only, in my opinion, self interest.

You have or at least are presenting no balance.

I have helped families of daycare children and I have helped licensed daycare providers who were treated unjustly by DEL.

With this Washington Supreme Court decision and Rob McKenna's answer to your brief maybe the balance can evolve this year.  I'm willing to present to DEL and these daycare organizations to move towards that balance.

Your Children have a Right to be Safe in Licensed Child Care Department of Early Learning Court Case

Court eases proof for childcare license revocations - Politics Blog - bellinghamherald.com

RCW 43.215.005(4)(c) says what is paramount in getting and keeping a license:

" (c) To safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide care;"

The Washington State Supreme Court upheld the duty of the child care licensing currently known as The Department of Early Learning to conduct their licensing duties with that legislative intent kept intact.

This is an important decision for parents concerned about their children in licensed day care.

Now if we can get DEL to obey RCW 43.215.370 and post information the legislature required them to post starting in 2007 then we move DEL along to further obeying their licensing laws.

I posted some of that information (from 2001 to 2008) that DEL in violation of the law has refused to do. It's DEL data I got through public disclosure and it's posted on the second page of my blog. I am working on getting the data since that time.

Thank you to the Bellingham Herald for their article on this day care licensing court case.

Saturday, July 30, 2011

Washington State Auditor Brian Sonntag Finishes Investigating Some of My Whistleblower Complaints 5 Years Later

Washington Department of Early Learning not following state law | KREM.com Spokane

I made numerous whistle blower reports in 2005 to State Auditor Brian Sonntag through his whistle blower program. Sonntag initiated an investigation in February 2005 then abruptly stopped from completing the started investigation in May 2005.

In May 2005 I made additional whistleblower reports regarding the "shall" in RCW 74.15.030(2)(3) which means the department must complete background investigations. I had a thick pile of "character, competence and suitability" background clearance forms to submit for his investigation. In February 2005, the auditor's office asked for my documents and I delivered them. By May, 2005 they didn't and stopped the investigation.

I continued making whistleblower reports into August 2005. I now have acquired an email from August 2005 written by DSHS Secretary Robin Arnold-Williams where she stated she wanted my whistleblower complaints made on August 2, 2005 investigated and wondered if the State Auditor's Office would so. They did not.

A partial investigation was done from August 2005 to December 2005 with the DSHS employees out of the Southwest Washington region, the Vancouver Office. Before the DSHS "investigators" began their investigations, they promised supervisor, Darcy Taylor and the employees she supervised that no matter what was revealed to them in the course of their "investigation" no discipline or retaliation would occur from answering their questions. Even though it was a poorly done investigation the investigators did find problems. No discipline resulted.

Representative Ross Hunter and his Aide Marilyn Pedersen requested copies of the documents I sent to the State Auditor's Office.

In addition, I sent them copies of the documents that showed the Vancouver Office was ignoring serious and concerning background information, failing to complete their duties as required under RCW 74.15.030(2)(3). With their review, Rep Hunter wrote Brian Sonntag a letter expressing great concern about some of these applicants being approved to have contact with children.

Instead of Brian Sonntag then deciding to complete the investigation he started, the whistle blower reports became a hot potato and he threw the "investigation" over to Mary Meinig, the director, at the Office of Children and Family Ombudsman (OCFO )where they lanquished for five years and then Meinig wrote a letter stating her office didn't have the authority to investigate.

As I've shared previously with the public that office created in 1996 was transparent and the child death reviews actually mentioned that DSHS had managers and supervisors. Not many years later by reading the child death reports you would not know that DSHS had managers. Then somebody created a law that no one can see the documents OCFO used in their child death investigations, NOT EVEN THE COURTS IN THE STATE OF WASHINGTON.

I was encouraged by legislators I testified to in February 2005 (including chair, Rep. Ruth Kagi) to make whistleblower reports. I personally handed to Rep. Kagi that day in February 2005 copies of records that had been removed from a licensing file in 2002. Through an new office duty I had been given this discovery came to may attention.

In January 2004 two year old Hailee Rhoades had been slammed down in her playpen by licensed family home provider Danette Zaring in Spokane and received permanent brain damage. In April 2004, a little boy was run over by a car in the driveway of Vancouver unlicensed daycare provider Minnie Jones (her licensor was ordered to act as though she still had a license when she didn't), by June another little boy drowned in the Tacoma area and DSHS hit my tipping point as author Malcolm Gladwell calls it.

I went outside the agency and ended up on a special King 5 News Investigators report on licensed daycare and why it took so long in a third of the revocations letters they reviewed to revoke a license. By February 2005 I make more whistle blower reports as well as writing open emails to anyone and everyone I could think of in state government and Boeing to call for the whistle blower investigations to be completed.

No one but Rep. Ross Hunter stepped forward to directly take on the issue of protecting your children while you are away at work, praying that your children are being treated with love and kindness let alone still be alive when you pick them up.

By December 1, 2005, nine months later, eighteen month old Jaclyn Frank died in the Julie Norris licensed family home daycare in the Seattle area.

Five years later KREM television station in Spokane, Washington reported:


"The state auditor’s office based their research in Southwest Washington. Investigators were following up on earlier issues with DEL dating back to 2003. Of the 17 daycare centers visited, 13 did not finish background checks and DEL staff could not verify that even half of the checks were done."

Bolding is mine.

The State Auditor focused their audit in the Southwest Washington because I wouldn't quit, I wouldn't shut up and wouldn't give up even when DSHS fired me in 2006. Instead I became a small business person, an entrepreneur, an analyst, researcher and expert witness to help folks get some measure of justice.

While children's safety and protection comes first, I have also assisted licensed daycare providers who were being dealt with unjustly by the state child care licensing agency by whatever name you call them. After too many children die and the media puts too much attention on those deaths, the bureaucracy changes its name and hires another director that knows little or nothing about daycare licensing.

I've told State Auditor Brian Sonntag, Governor Christine Gregoire and Attorney General Rob McKenna I am looking for some heroes and that it is never too late to be that hero. When the newest named daycare licensing agency came into being, the Department of Early Learning (DEL) I consulted pro bono with Southwest Area Manager, Josh Verville to assist the new agency by giving them my historical knowledge and expertise.

I'm available to discuss with both candidates for Governor, Rob McKenna and Jay Inslee, Congressman, about  daycare licensing to share my history, knowledge and experience so both can build into their platforms the protection of children.

As Washington State Wire analyzed, both candidates devoted only about 12% of their announcement campaign speeches to the problems of state government.

I've stopped by Brian Sonntag's Office and was treated very respectfully, however, my message I left, to request a meeting with him to help improve the whistleblower program has not been responded to by him.

A thank you to Brian Sonntag for doing that background clearance audit on DEL in Southwest Washington in 2010 even if it was five years after I first made those whistle blower reports to him. In 2006, Kim Hurley, in his office upon meeting me wanted to immediately hire me because of my knowledge about the "character, competence and suitability" piece of the background clearance process; to help out with that audit that had originally been set to be done in 2006.

As George Bush might say, Who were the "deciders" back in May 2005 that stopped State Auditor Brian Sonntag from completing his investigations he started on my numerous whistle blower reports?

Who had the power to stop the whistleblower investigation...dead in its tracks?

Friday, July 29, 2011

Of the Washington State Children who Died, most Had been Reported to DSHS by a Mandated Reporter

Soldier shouts alleged Fort Hood killer name in court - Yahoo! News

The story above highlights the intelligence of the common every day citizen. It is often the so-called common ordinary citizen who has the intuitive, correct take on a situation that can prevent a tragedy thus my blog today respecting and celebrating those people in our lovely country.

From the article, "He was arrested Wednesday afternoon after a call from Greg Ebert, an employee at a Killeen gun shop, who told Reuters he was concerned when Abdo bought ammunition and smokeless powder."

In this case the police listened and responded; and a tragedy was prevented. The bureaucracies not so good. When the F.B.I. arrested infamous spy Robert Hansen, they did so eleven years after his brother-in-law told them he thought Hansen was a spy. As great as the movie Breach is, that information is not contained in that film. The Unabomber? His brother turned him in. James Woods the actor saw some of the 9-11 hijackers on his plane and reported his intuitive, observational skills that those guys' behavior made him think they were going to hi-jack a plane. This about three weeks before 911.

What does this have to do with day care? We have to speak up and keep speaking up to protect our children.

The latest Office of Children and Family Ombudsman (OCFO) report to the legislature showed most children before they died or were killed, a mandated reporter had called DSHS to make a report. The reported faulted the intake moment that led to the inaction on the part of DSHS.

Without seeing the research documents I don't know the accuracy of that assessment. I do know the OCFO child death review reports for some years have nicely ignored the role of its actual human managers, many of them, enjoying life and benefits on the taxpayers dollar. The investigative documents that OCFO bases their reports on are now kept secret not only from citizen oversight from the Courts in the State of Washington.

Jacyee Dugard starting at age 11 spent 18 years in captivity in the backyard of a convicted violent sex offender who had been visited by various parole officers 60 times and not one looked in the backyard. Neighbors had called about seeing kids in the backyard.

We have to say what we see, and understand the dynamics of the government bureaucracies that don't work, but understand by speaking up in as many ways we can think of...will lead to protecting children.

This sales clerk in a gun shop, the gun shopwhere the last mass murderer bought his supplies, had a feeling. He merely reported his feeling. The police didn't dismiss his feeling and acted; and lives were saved.

After Jaclyn Frank died in daycare in Washington State on December 1, 2005 two different sets of parents called in to report concerns about the daycare after her death, reports they wished they had reported after they had removed their children from that daycare. 

Make the call.

Let's do that for daycare children as well.

Monday, July 25, 2011

DSHS - The Beat Goes On...DSHS Continues to Fail

Real Change News | DSHS gets “F” for service

Governor Gary Locke in 1996 through an Executive Order "embraced" the Deming principles of management (the American guy who helped Japan become highly productive) without providing the comprehensive and complete training required before implementing CQI, Continuous Quality Improvement. It was the sound bite, the spin factor public relations phrase to try to get the citizens of Washington State to believe that reform would now work in DSHS.

In 2001 I was asked to join DSHS's Children's Administration (CA) Statewide Customer Service Committee. I, also, chaired our regional one for the child day care licensing agency.

At the first meeting, the high up mucky mucks were in attendance. We were told there had been complaints. OK, what were they? A high mucky muck told with quite the emotionally charged presentation a story about a teenage foster girl, foster parent and a social worker. OK, is the story true? "Well, we are going to find out." said the high mucky muck. OK, anything else? Which agencies? How many complaints? Which areas of that state? Do you have any data by which we are to do our work?

No? Well can you bring that data to the next meeting? Never happened. The high mucky mucks quit attending. Within two months the assignment turned into creating a logo and a slogan, a sure bureaucratic sign that nothing's going to be accomplished.

From the linked article above the beat goes on and on and on with DSHS.

The Governor pulled child day care licensing out of DSHS in 2006 and created The Department of Early Learning. Studies also gave that state government child care licensing agency an "F".

Until the unelected bureaucratic manager issue is addressed it will continue to be smoke and mirrors and pretend while child devastations, child maimings and child deaths continue.

Thursday, July 21, 2011

Tim Robbins...the Actor and the Rogues Gallery Band...GO SEE THEM!

What has Tim Robbins got to do with child day care in Washington State you may be saying.

Nothing, directly that I know, however, I went to see his show Tuesday night at the small Alberta Rose Theatre in Portland, Oregon kicking off his tour with The Rogues Gallery Band.

I googled to see if the Oregonian or the Willamette Week covered this event and could find nothing. So I thought I'd scoop the Oregonian and the Willamette Week by writing about Tim Robbins and his Rogues Gallery Band. I have no music credentials other than having had a relationship with a rock n roll/country western/blues musician one time in my life and his band practiced in my basement.

But I know a major life experience when I see and experience one. I like Tim very much as an actor. One of his latest films, The Lucky Ones, is about three soldiers returning from Iraq. Tim plays the older soldier, then a young girl (Rachael MacAdams) and a young man all with various physical injuries end up having to take a road trip together. It is so non-political, telling an unflinching story of three lives in these United States of America in this time in our history.

This man is definitely enjoying his mid-life crisis. I only went to see him because of Tim the actor and wasn't expecting much via the music.

The first cords, his vocals and his arrangement of the Beatles Here Come the Sun produced such a spontaneous out cry from the audience, in those first three seconds we knew we were going to the moon, the stars, the cosmos with this band. Whenever I hear that song, it takes me back to when my brother died in Vietnam.

The white middle class audience got so spontaneous and vocal I thought for a moment I was at the Apollo Theater in Harlem.

Tim's band is not a back up band, everyone of them just as smiley and present as Tim Robbins. OK, his brother Dave, not quite as smiley until some "David we love" outpourings from the audience produced a definite Robbins' smile. Dave played lead guitar. Tim and Dave's parents died in April, 12 days apart. On one side of the stage in a photo was their mom when she sang at Radio City Music Hall and the other side their dad who was one of the Highwaymen.

Michael Row the Boat Ashore by the Highwaymen was the first 45 rpm record I bought.  I didn't know that was his dad!

And, oh my gosh, the harmony from these men. Their dad told them always get the audience to sing with you and they did. And man, we sounded great!

In my little opinion, Tim Robbins writes in the storytelling fashion and a bit of the vocal patterns of a Bob Dylan. He did a Johnny Cash song that went from country, morphed into the blues and ended with rock n roll. He did Christian, a song about Mary Magdalene, he did the Blues via a Billie Holliday song, he did a Pete Seegar song...all in his unique Tim Robbins style, powerhouse vocals and stage presence.

The band played the accordion, the picalo, keyboards, the saxophone, the clarinet, the mandolin, the harmonica, cello, lead and bass guitars...some other flutie type instrument, maybe of Celtic origin. A few of the songs were drowned out by the volume of the instruments so I missed the words to some of the songs.

Tim said, "thank you" to the audience and we chorused back, "Thank you!"

A 22 year old young man who had done three tours in Iraq approached Tim in Colorado. He had to tell, he had to tell someone, tell someone the burden he would live with forever, the rest of his life. He had killed children. Tim wrote Time to Kill. He was crying...we were crying...a roomful of humanity at what our young people see and do that takes their innocence forever.

In his first few weeks in Vietnam my brother wrote in 1969 of the first dead Vietnamese he saw, a dead 12 year old boy, he wrote that he'd all ready seen enough to last a lifetime. His lifetime would be short.

There are moments that are uplifting and sweet, so full of kindness, truth, compassion and humanity that you feel like you were given a spiritual gift. This night with Tim and his friends was such a gift.

After my brother's death in Vietnam I was on post at Ft. Shafter in Hawai'i walking through the tropical night air with the lamplight casting light and shadows on the foliage, a teenage girl tied up in grief, missing her brother, yet in the face of death exquisitely feeling life.

Then I heard,

"Little darling, it's been a long cold lonely winter
Little darling, it feels like years since it's been here
Here comes the sun, here comes the sun
and I say it's all right"


Who could improve on the Beatles arrangement?  Tim Robbins and his friends did in Portland, Oregon on lovely summer night in a little theater on July 19th, 2011.

If Tim Robbins and the Rogues Gallery Band show up in your neck of the woods...go!

Monday, July 18, 2011

The Underground History of American Education and Learning to Read

The Odysseus Group People's Education Debate & Discussion Center

John Taylor Gatto, New York Teacher of the Year, wrote a book called The Underground History of American Education, a book filled with history and ideas you won't find in the public education system voted in by Congress in 1854 or 1857 when a legislative bill created the National Education Association (NEA).

It's been a gradual downhill since. The French philosopher, Alex de Tocqueville wrote Democracy in America in 1831 with high praise for the literacy, critical thinking skills, debating skills and articulation skills of the United States of America. He said we were more literate than the French. A Frenchman said that.

Click on John Taylor Gatto's link and enjoy perhaps some ah ha moments, moments we didn't learn in our public schools. This is the book that helped me to help my grandsons to learn not only how to read but to love reading!

Governor Christine Gregoire Left the Fox in the Hen House

Governor vetoes part of welfare-reform bill before signing into law | The Suburban Times

As a child care licensor inside DSHS I had compelling documents for the fraud unit to initiate an investigation on a licensed family home provider. The Fraud Unit told me by their rules that licensing laws and regulations were immaterial to what they investigated.

If a day care provider was licensed for 12 but had 21 children in care it wasn't fraud. It would only be fraud if she didn't have the 21 children as marked in one little box on a one page form. Providers were and likely still are not required to send in copies of their attendance sheets.

Meanwhile the DSHS (now DEL) unelected bureaucratic managers allowed providers with overcapacity violations to keep their licenses. OVERCAPACITY IS A SERIOUS RISK FACTOR TO CHILDREN IN DAY CARE.

The article states the governor "left the fox in the hen house" by vetoing out the portion of the bill that would allow DSHS line workers to report to an ombudsman in the State Auditor's Office what they see. "Citing what she felt were redundancies in state law", Gregoire rejected a portion of Senate Bill 5921.

There is a whistle blower program attached to the State Auditor's Office and all state employees can make reports to that office. Rather than make another state office or job require the existing agency managers to perform their duties as required by law.  State government has been bloating, bloating, bloating up for some decades now and maybe it's all gonna pop.

What gets made to help morphs into the entity it is supposed to change, for example, The Children and Family Ombudsman's Office. In the beginning the investigations of error and omissions included pointing fingers at the unelected DSHS managers. That didn't last long.

A few years back after reading director Mary Meinig's Ombudsman's report on a child death investigation, I wrote her an email that the most obvious problem there seemed to be in the death of those particular children...well...from her report there seemed to be no managers in DSHS.

Totally...no mention that DSHS might actually have managers. I'll find the report and link it in another blog article.

Then a law got crafted whereby the documents collected by the Children and Family Ombudsman's Office all remain hidden and secret even from Courts of Law.

We shall see whether the candidates for governor of the State of Washington, Attorney General Rob McKenna, the Boy Scout and Jay Inslee, the former Congressman (from one of my former home towns) will take on with integrity and transparency this behemoth, the hulking bulking bloated bureaucracy (HBBB).

Privatization won't work because they belly up to the trough of DSHS today and would have to do it tomorrow as well. Back in 2005-2006 when they pulled together one more council to get "public" input, this one about "Early Learning" the chair being the avuncular Bob Watt from Boeing. At one "public" comment period I asked who in the audience was not getting state or federal monies. One person raised their hand.

Child Care Resource and Referral (CCRR), the non-profit agencies that gets millions of taxpayer dollars, the agency you parents out there call to find licensed child care? I see for the King County one parents must pay to get referrals to licensed day care facilities. Parents have been misled into believing because the facilities are licensed that proper licensing, monitoring, oversight, complaint investigations, child abuse investigations and sanctions are done so parents don't have to worry about any of that information.

Child Care Resource and Referrals have NO ACCESS to the information in the child care licensing files kept by the Department of Early Learning (DEL). Some of the CCRR websites don't mention you can file a licensing complaint nor how you would do that. Mentioned are Child Protective Service (CPS) complaints which are different than licensing violation complaints.

As this article also points out it's "a shell game". I see websites popping up where providers advertise and pay $50.00 a year to put out there they are a daycare, although those sites aren't monitoring whether the daycare is legally operating and/or in compliance.

Yet taxpayers shell out millions of dollars to CCRR while they also charge you, the taxpayer/parent, for giving you a provider's name and contact information with NO KNOWLEDGE of the day care provider's licensing history.

What will the candidates who want to replace Governor Gregoire do?

Friday, July 15, 2011

DSHS Secrets, DSHS Failures, AG Secrets and Secrets sealed by the Courts

Your Courts, Their Secrets | Failures by state, caregiver kept secret in child-rape case | Seattle Times Newspaper

Finding this article on the internet I'm taken by the mention of The OK Boys Ranch in a state email highlighting that secrets were still being buried by the state regarding children being terrorized and violently sexually assaulted:

"Please be aware that Youth Care has a very high powered board in Seattle; it is a long term agency with a ton of community support. Not to say that changes what we do but if we think [a particular boys ranch] had connections; we have seen nothing yet!"

This time it's 2001 about a decade after the OK Boys Ranch crimes (that state licensed residential facility stayed in business for at least 23 years) were released to the public, now it's YouthCare a group home for teenagers in Seattle, Washington.  Christine Gregoire was still the Attorney General at the time of this problem as she was with the OK Boys Ranch.

From Louis Bloom's website documenting in detail the OK Boys Ranch: "Christine Gregoire is the present Washington State Attorney General (1993+). Many of her assistant attorney generals were involved in defending the Olympia Kiwanis Boys Ranch. Her department made a half-hearted attempt to prosecute some of the low-level OKBR people. The Olympia Kiwanis members are politically connected. She backed off. Christine spoke at a Jan 19, 1999 Olympia Kiwanis meeting. It's easy to forgive people involved with child abuse when they're politically connected."

The last time I re-viewed the documents on  Louis Bloom's website and reread what was done to the boys at the OK Boys Ranch I felt nauseous.

From attorney Jack Connelly's website (who got a measure of justice for some of the boys) about some of the abuse:

"Case Details The abuse occurring at the OK Boys Ranch was varied and severe.
Newcomers, as well as those who broke the rules were initiated or punished in group beatings, young boys would lay awake at night expecting to be raped by the older boys and many tried, unsuccessfully, to escape. The staff did little to stop such behavior and even beat and sodomized the boys themselves. Roughly two serious incidents, which should have been reported to state authorities, occurred per week."

In teaching a child abuse class for the last four and a half years it is clear to me the worst and most shaming of abuses that happen to children and continue into adulthood are the emotional ripping up of children's souls and sexual violation of those same souls.  Of all the categories of child abuse, it is emotional abuse and sexual violation that brings tears to the eyes of those in my class.

It's the crime we are not allowed to talk about it. It's the crime that gets hidden like it's the victim's shame. It's not their shame. Such secrets have been covered up in child day care licensing as well.

"Sexual" abuse is not about sex. It's about power and control. It's not about the perpetrator having the orgasm. The worst and most shaming is forcing the child to have the orgasm, it's the emotional control the perpetrator has over the child...well into adulthood.

As was the case for Elizabeth Lynn Dunham who was first sexually seduced and used by former Oregon Governor Neil Goldschmidt at the age of thirteen.  Not until her death this year (February) at age 49 years old did we learn her name.

We learned it from the Willamette Week, the Oregonian didn't honor and respect this woman, this girl who could never be healed in this lifetime. It is not her shame what Goldschmidt did to her and the control he had over her the rest of her life.

Secrets devastate and secrets kill. A thank you to the Seattle Times for investigating and investing to get records unsealed to tell this story. 

Elizabeth Lynn Dunham's story and others like the boys at the OK Boys Ranch must be honored and remembered.

Thursday, July 14, 2011

The ‘Barefoot Bandit,’ and Another Failed Bureaucracy-DSHS-CPS

For ‘Barefoot Bandit,’ Life on the Run Started Early - NYTimes.com

Having worked group care with severely emotionally and behaviorally disturbed adolescents for six years that group of kids was and is my favorite population. The abuse done to them as young, vulnerable little ones with no one to turn to for protection can manifest to acting out as they get bigger.

As a child protective services intake and investigations worker for Washington State DSHS - CPS, one day a referral came in. A young father recognized his brutal upbringing by his mother was effecting his parenting of his child; and went in for counseling. The counselor made a CPS report. The young man called me, was livid on the phone, yelling loudly at me. As a child his mother brutally beat him and CPS came out and did nothing to help. When CPS left his mother beat him even more.

I told him on the phone I would be right out to see him and got in my car. He unloaded about his childhood and CPS not protecting him as a child. Me being the witness to listen to his story helped him. Then because I worked for a bureaucracy that messes up, the referral got assigned to another social worker as well to investigate the same referral; and when he went out (unknown to me), the young man horribly frustrated yelled again about the work of the agency.

My co-worker came back to the office, came by my Dilbert cubicle and said, "That guy's an asshole." I explained that CPS didn't protect the young father when he was young.

My supervisor called me into his office. "That guy's an asshole", he said and the non-verbals told me I was supposed to agree with my boss and co-worker that this young father was an "asshole".

I explained to my boss that CPS didn't protect the young father when he was young. He had strong feelings about that. He hadn't been violent, he hadn't been threatening.

I tried to get the young father on one of those citizen advisory committees you hear about that are supposed to be open to the public to be a member, so called citizen oversight, you know? They wouldn't put him on the committee because he criticized the agency.

When I read this background news article (above link) on Colton, his mom and CPS I know the failures of the bureaucracy beast that is DSHS - CPS. It is beastly and unkind for government workers to angrily and mockingly vent about the clients they are paid to help. My co-workers would get off the phone from talking to a client; and in those Dilbert cubicles, the rat mazes of state government, another co-worker would call out, "Sounds like the family from hell." And off they'd laugh and mock the client.

When I took exception to this name calling about clients, I was put down and told this was "venting" and by "venting" when they did meet with clients face to face they would then be respectful. I disagreed. You cannot hate someone energetically behind their backs and it not be manifested in person in some fashion to a client.

I took a train the trainers course for teaching mandatory child abuse reporting to get my certificate to teach that class. The government social worker who taught the course said that 45% of CPS social workers come from child abuse backgrounds. Which is higher than in the general population. When I asked how many of them were in touch with that childhood abuse and how many of that 45% were healed, she didn't know.

Denial is a strong defense mechanism for those abused as children. As an adult if you are not in touch with it and haven't healed you can't help your clients. Around the mulberry bush you'll go.

My witnessing and speaking up for our DSHS clients resulted in most of my unit turning on me.

Who's going to help Colton Harris-Moore now?

He's obviously a very smart kid who was trying to survive with no adult help. I'm hoping Frank Abagnale, Jr from the book and movie, Catch Me if You Can, will be in contact with Colton. The good father figure Frank finally got was the F.B.I. agent, Hanratty, that caught him.

Abagnale turned his life around and he caused more havoc than Colton, was on the run a year longer than Colton and had millions more in restitution to repay.

Which he did and now Frank Abagnale is a millionaire helping the banks he hurt foil criminals. If you haven't watched, watch Catch Me if You Can, it's a wonderful film.

Tuesday, July 12, 2011

Jaycee Dugard & Failure of Another Government Bureaucracy

Jaycee Dugard: 11 Missed Chances to Stop Kidnapper Phillip Garrido - ABC News

This reports highlights that government bureaucratic workers failed to search the backyard and failed to talk to neighbors in investigating a report of children living on the grounds of this violent sex offender.

Not in this article but of interest in Diane Sawyer's television news report is a video of the violent sex offender's wife video taping and harassing the parole officer who is searching inside the house. She harasses him, mocks him wants to know what he's doing to help parolees. The harassment is effective and parole officer leaves in what I would describe as a meek manner.

As a former child day care licensor I know that dynamic from being an investigator on licensed day care home complaint referrals, for example, a day care with a history of serious and concerning violations; and instead of the day care provider correcting the violations, the day care provider would go into verbal attack mode as seen in this news story.

The unelected bureaucratic managers like whipped puppies would capitulate to this behavior rather than operating the agency by the laws and regulations in the state of Washington. Then too many times these managers would refuse to allow licensors to do the follow up monitoring visits required on day care facilities with violations to witness whether the day care provider corrected the violations.

What do you do? How do you stand up for children?

Some of the neighbors of this violent sex offender (apparently, they didn't know he was a sex offender which should have been the first job of the parole officer, to protect children in the neighborhood and give the neighbors his business card) feel terrible.

We have to speak up and say what we see; and if the unelected bureaucratic managers fail to do their jobs as prescribed by law, take it to local law enforcement, take it to the media, take it to the governor's office as the Governor is now the top person in the chain of command for child day care licensing in Washington State.

As I've blogged before on the Connie King family home child day care in Clark County the day I went to investigate another complaint of her being over her capacity of 12, she did not want me to go upstairs, saying that the upstairs was not licensed. Upstairs she had 8 children hidden in one room; and 2 babies, each in separate rooms with no fire escape on the second floor. She had 21 children by herself.

I left for a scheduled trip to England and another licensor did a follow up visit and found her overcapacity. Then the supervisor went out and found her in violation of not supervising the young ones per regulation. Fully expecting revocation action to have been taken, I was surprised to learn the supervisor took no such action. Furthermore, my supervisor refused my plan to do follow up monitor visits including going out on weekends as she was doing 24/7 day care.

The best suggestion I can give to parents is to trust your gut feelings, your intuition and empower yourselves by speaking up (and document) and don't trust unelected government bureaucratic managers.

The Department of Early Learning (DEL) website is missing the most vital information parents must have and that is day care providers who have valid child protective services (CPS) allegations; yet the department let day care providers continue to have a license, this included sexual violations that were done to children while in licensed care.

How many different government bureaucracies have failed children and their parents? Can we uncover these secrets and expose them to make a better future for our children here in America? Can we be brave and decisive as those two campus police women who followed their intuition and started digging into the story?

Friday, July 8, 2011

All Day Kindergarten - A Bad Idea

All day Kindergarten is a bad idea from the most basic fundamental knowledge of young children.  They need rest, they need a nap to stay healthy mentally and physically.

My 5 year old grandson when I picked him up from Kindergarten did not want to take a nap.  He's a kinesthetic, enthusiastic, engaged kid who hated Kindergarten. He needed to be able to move. So you might think, he didn't need a nap from just sitting.

I made a deal with him. "Lie down on your bed for ten minutes. I will come in and check on you in ten minutes and if you are still awake you can get up."  He thought that was fair.

He was out in a heart beat and usually slept 2 hours. 

This a kid whose mom and my son were very consistent with both boys who calmly each night took their showers, got into their pajamas and with no whining or attempts to stay up got into bed at 8 pm every night. And slept soundly until 7 am the next morning.

He still required a 2 hour nap after a half day at Kindergarten.

No full day Kindergartens.  Bad idea.

Thursday, July 7, 2011

Jose Baez...the "Columbo" of the courtroom & Government Bureaucracies

Jose Baez...the "Columbo" of the courtroom!

I didn't follow the Casey Anthony case closely.

When I saw the prosecutor on The View yesterday I was taken by his sunny disposition and his emotional detachment on the death of this sweet two year old, Caylee. Then I read the article linked above that he giggled in front of the jury at the defense's opening statement and of his presentation of arrogance. Now he's pleasantly off to retirement on the taxpayers' dime.

As a Washington State government employee I witnessed that arrogance from my unelected bureaucratic managers starting in 2001. From being sent to the Basics of Supervision training to become a manager I learned it was not skills, experience, knowledge, intelligence, research, knowing the law, knowing the regulations or expertise that was important. It was loyalty.

Our newly promoted supervisor was a poor composer of the legal and written word.

She did not believe that my success rate in administrative hearings was due to my extremely dedicated, fair and hard work I put into my caseload and enforcement actions.

Her belief was we won just because we are the state. She brought a legal action against a day care provider that for some reason, not apparent to me, she and other managers didn't like.

I was sent along to be a witness to her licensor making a visit. The issues for the most part the supervisor was focusing on to me weren't violations of the regulations.

There was a supervision issue that had validity and follow up monitoring visits should have been done. I saw a major safety violation not addressed previously, and reported that to the supervisor upon returning to the office.

Months later that licensor was getting ready to leave the office to go to an administrative hearing regarding that day care provider. "About what?", I asked thinking it was the major safety violation we witnessed.

The licensor showed me the legal letter she would have to defend at the administrative hearing. I looked at that letter and said, "You guys are going to lose."

I asked about what happened to the major safety issue we witnessed. The licensor showed me the plan of correction form the state used; she had written it up, but the supervisor wouldn't let her issue it to the day care provider.

The department lost big time and should have for the sloppy work; and the arrogance of this supervisor believing we just win because we are the state.

So what did the state do with the sloppy arrogant supervisor who also ordered the alteration of records in licensing files and removed a document from a public disclosure request I processed? And after I reported these wrongdoings up the chain of command to the DSHS Secretary and to the State Auditor's whistle blower program? She was promoted to headquarters.

Thus without following the Casey Anthony case in detail the behaviors of the prosecutor are well known to this former insider and witness on how the culture of a bureaucracy works and/or doesn't work.

I respect juries. I was on a jury once as well as being elected the foreman of the jury. Jurists for the most part take this responsibility very seriously. This jury had, I believe, 36 pages of instructions to follow and they had to make their decisions based on "beyond a reasonable doubt". The prosecution should never have gone for the death penalty.

In my opinion, Casey caused the death of her daughter, likely not intentionally.

Casey's behaviors are so detached, in my opinion and from having worked with adolescents who were severely emotionally and behaviorally disturbed, I could guess Caylee had some normal two year old behaviors; and somehow Casey believed using a little chloroform and duct tape would stop those behaviors and keep her quiet.

Every kid we had in group care had been sexually abused. It is my opinion, some such trauma happened to Casey as a child.

A sad, sad case. Casey will never be free. And a beautiful two year old is no longer in this world.

Tuesday, July 5, 2011

Article IV of the United States Constitution

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Article II of The United States Constituition

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Article I in the United States Constitution

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; of the right of the people to peaceably to assemble, and to petition the Government for a redress of grievances."

Preamble to the Constitution of the United States

"We the People of the United States, In Order to form a more perfect Union, establish Justice, insure Domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and posterity, do ordain and establish this Constitution for the United States of America."