Thursday, September 29, 2011

Day Care Inspections Done Less Often than "Dog Kennels"

Infant death in home of "day care provider of the year": Sac County - California's Children

From the article above:

" As reporter Emily Alpert ("Voices of San Diego") noted at the time, child care facilities -- again, because of budget constraints -- are checked "less than dog kennels."

As a former day care licensor in Washington State it's not because of 'budget constraints". In 1994 when I had 260 day care providers on my caseload I made more monitor visits than are done now when caseloads are around 100 to 140 for each licensor.

When I left the agency in 2006 after making numerous whistle blower reports, open complaint investigations on my caseload numbered about twelve a month. My co-workers? Twenty-seven and thirty one respectively.

When I left in 2006 my caseload was 100. In 2003 when my caseload numbered probably about 180, my open complaint investigations still numbered about twelve a month.

Washington state government workers are not happy campers. I witnessed too many equate whining and complaining to working hard and being stressed out.

The more managers added to the day care licensing agency the harder it was to do the job. Managers often showed little interest in actually reading then complying with the laws passed by our citizen legislature. Their attitudes were very cavalier about not following the law.

A former worker now retired described her time in DSHS as "being in prison."

The conditions within this "prison" and selling ones soul to the devil makes people ill, spiritually, emotionally and physically.

If only the workers would "tell" some truth telling would bring healing to the department leading to a high performing, effective, efficient and economical agency; and thereby be celebrated by citizens.

I had a supervisor for one year who showed that it could be done...can be done.

Baby Dies in Hot Car | momlogic.com

Baby Dies in Hot Car | momlogic.com

Here' a a link to some of the babies that died in hot cars this year.

Something to ponder and pay attention to...and to remember these little ones.

Sunday, September 25, 2011

Day Care Licensing Managers "If I Only Had a Brain"

KELOLAND.com | Parent: Day Care Provider Had Too Many Kids

As the Scarecrow sang in the Wizard of Oz, "If I only had a brain."

From the article on what state child day care licensing unelected bureaucratic managers had to say:

"We've spent a lot of time discussing that and we felt as if we made the right decision we made at the time," Sioux Falls Health Director Jill Franken said. Franken says when the city inspected the daycare there was no indication that any of the kids were in danger, she just had more children than the law allow."


Being overcapacity is a danger.

From the article:

"In-home day care providers can only watch 12 children in Sioux Falls, city citations show at one point she was caught watching 17 kids."

Too many children...danger.

Do state government unelected bureaucratic managers need a tornado to swirl them up and set them down in the Land of Oz to get a brain?

"Day Care Provider of the Year" faces probe into infant's death

Sacramento 'child care provider of the year' faces probe into infant's death - Sacramento City News - sacbee.com

California licensing allowed "day care provider of the year" Sheila Caceres to settle rather than proceed with the revocation of her license.

From the news article:
"Days before the hearing this month, however, Caceres agreed to settle the matter without conceding any wrongdoing. On Sept. 9, the state ordered a lifetime ban on her operating a day care center. Morgan, her attorney, said it was simply too expensive for Caceres to fight the case."

What I've witnessed as a former day care licensor in Washington State is that as egregious violations piled up and children were maimed or even died that the state licensing agency moved to "settlements".


The real purpose of these "settlements" in some of the cases that I am aware and in my opinion were done to keep secret, failures of the state child day care licensing agency, managers their failure to license per law and regulation, their failure to monitor, their failure to investigate properly and their failure to take enforcement action.


Child day care licensing laws originally were passed to protect children. The Washington State law continues to have that language. I'm not aware of California's law.

From the article: "The state also alleged that she operated the facility over capacity and that at one point last year, Caceres "failed to notify the licensing office of an unusual incident in which a child wandered away from the facility and was found in the street."
She was accused of leaving chemicals and medications accessible to children. And, the state alleged, that "on more than one occasion from approximately 2009 to 2010" she took a day care child with her to another home and "engaged in sexual activity in the presence of the child."

Licensing laws were passed to protect children.

State licensing agency managers have allowed folks operating at overcapacity, that don't have enough staff and use isolated areas of the home that are not licensed to continue caring for vulnerable children. In too many cases licensing managers after a child died, the state agency then took action to revoke a license.

In Washington State even though it's a law, the state licensing agency, the Department of Early Learning will not post the names of the licenses revoked. Some folks even after a death will go back to providing day care.

Maybe the Sacramento Bee could do an in depth investigation on California's licensing agencies to get a more full picture.

There was time in Washington State that the Attorney General's Office said revocation action is the only appropriate response to folks who put children at risk.  Settlements were not done.

Friday, September 23, 2011

Day Care - Washington State Taxpayers Out $3 Million Dollars in One Year

Audit: Washington paid too much for child care | The Columbian

In the time I was a licensor inside DSHS the controls mentioned in this article by the Columbian newspaper in Vancouver, Washington were no better then they are today.

From the news article:

"In 2010, approximately 60,000 children were enrolled in the program for either full-day or half-day care. That year, the program paid more than $300 million to nearly 19,000 providers, including 7,400 who were licensed or certified by the Department of Early Learning.

Auditors compared daily child care attendance records with paid invoices for 146 providers, including one provider in Clark County who received a $95 overpayment"

I'm a little unclear and incredulous; did the state overpay by almost $3 million dollars to just the 146 providers audited?

Out of 19,000 providers then only 146 were audited? Less than one percent.

How much then is the real overpayment cost to the taxpayer each year? And for the last twenty years.






Saturday, September 17, 2011

Day Care and Bobbi Gentry

Bobbi Gentry on Smothers Brothers utube - Yahoo! Search Results

What you might say does Bobbi Gentry's Ode to Billie Joe have to do with day care?

People for decades have scratched their heads trying to figure out what the heck did she and Billie Joe throw off the Tallahatchie Bridge.

When asked Bobbi Gentry said it was a song about indifference that someone we know could die and we don't have feelings about it. Instead we say, "Pass the biscuits, please ... I think I'll have another piece of apple pie."

Are we numbed out? And in particular are people inside state and federal government who are duty bound by law to protect children numbed out? If we can't express our feelings, grieve for those who died what happens in our decision making in life?

As a former child protective service (CPS) social worker I saw many numbed out co-workers. A training I took in the last few years identified that 45% of social workers come from a childhood where they were hurt. How many of that 45% are healed from the devastation they experienced as children? According to one national child abuse center I contacted no studies are known to have been done on that 45%.

Social workers are also day care licensors.

If one is not healed from what happened to them as children denial will come into play when investigating reports of children being abused. You can't see what is too painful to bring to the light of day.

Something to think about as you click on the link and join Bobbi Gentry and her family for dinner as they discuss the death of a young person, Billy Joe McAllister.

A thanks to Tommy and Dick Smothers' creative team for putting together this stark compelling visual to accompany Bobbi Gentry's song.

Day Care - Son of former Marysville WA day care owner charged with sexually abusing children - Marysville Globe

Son of former Marysville day care owner charged with sexually abusing children - Marysville Globe

This newspaper missed important background information. This is the day care King 5 News investigators found made over $232,000.00 dollars, taxpayer dollars in her daycare, Anne Ladale Moore. By the time of the King 5 News report the Department of Early Learning had suspended the license without disclosing why.

Five months later we find out the allegations. Now allegations of sexual abuse have been disclosed about Anne Ladale Moore's son and we find out this occurred in Idaho where she and he lived previously.

When I got Anne Ladale Moore's  records through public disclosure they showed, in addition, she was working another job.

The background check for many years has been a problem that I as an inside witness, that I as a licensor brought up to managers, all the way up through the chain of command to DSHS Secretary, the governor and, in addition, through the State Auditor I made whistle blower reports over five years ago about this issue.

Some of the documents required to have been submitted years ago where one could discern, see gaps and inconsistencies whereby further documents could be requested were made irrelevant. In 2009 I saw a background clearance form that returned some of that data gathering to a form. I'm not aware how it changed the processes and practices.

Five years after my whistle blower report the State Auditor found my allegations were founded, and wrote a report about the problems with background clearance checks in the Department of Early Learning.

A thank you to the Washington State legislature for passing a bill this year to fingerprint all applicants.

Prayers to these little ones mentioned in the stories.

Being violated in one's private areas and being violated emotionally is devastating to young children. Even once can last a lifetime.

My Website - Child Care Consulting - Home Page

Child Care Consulting - Home





Friday, September 16, 2011

In Day Care 57 Times in 5 Years Children Left in Cars

From the article below:

"The joint investigation found Jazmin’s death was the most tragic example of a very large problem. Records obtained from the state Department of Early Care and Learning showed daycare workers left children in vehicles 57 other times over the last five years."

Investigation shows large number of children left in hot vans - News Story - WSB Atlanta

Also from the article which shows, in my opinion, a bureaucratic mind set:

We can pass rules all day long,” said Cagle. “We can train all day long. We can do public awareness campaigns, but if a person ultimately decides to ignore a rule, that’s something that we can’t factor in.”

Nothing is said about revoking licenses of folks who violate the rules and put children at risk.

I am glad Channel 2 News in Atlanta, Georgia dug into the background of this story. I'd like to see the same thing done in every state.

From a former licensor's perspective 57 times in 5 years is just the number of which the government licensing agency had knowledge. When managers won't allow licensors to make unannounced monitor visits a reasonable person can conclude 57 times in 5 years is likely the low end of the actual number.

Deaths of children in hot cars has been on the rise in the last five years.

Wednesday, September 14, 2011

Day Care - Russian Roulette - Too Many Children - Children not Supervised

As a former day care licensor, in my witnessing, overcapacity and leaving children unattended is a big issue my managers ignored.

At times I was directly ordered not to check on day cares with a violation history of having too many children. One I've written about before had 21 children by herself. The law and her license required the day care provider could only have 12 with an assistant.

This article gives some examples in Massachusetts of unattended children in day care.

Unattended children a common nightmare - BostonHerald.com

Getting the truth out to parents is one important means to bring the spotlight to this problem. Parents are not being given the information they need to make decisions on where to put their children while they go to work.

Rather than revoking licenses too many times states have allowed day cares to continue in operation until a child dies ... then they revoke.

Citizen legislators passed child protection laws for a reason and government managers have ignored those laws too many times.

Tuesday, September 13, 2011

Whose Minding State Government?

I've noticed commonalities of failure regarding state government across the nation. This news article is about Oklahoma.

It is the most transparent truth telling account of why children die in state care.

The depositions tell the story.

How they got around the Public Open Meetings Act tells the story.


DHS commissioners ignored suit, audit calling for reform | NewsOK.com

Sunday, September 11, 2011

Taxpayer Unions

It may be worth contemplating what President Franklin Delano Roosevelt said in 1937 about public unions as referenced in this Washington Times article linked below.

FDR vs. Wisconsin Teachers - Washington Times

FDR: "All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has its distinct and insurmountable limitations when applied to public personnel management. The very nature and purposes of Government make it impossible for administrative officials to represent fully or to bind the employer in mutual discussions with Government employee organizations. The employer is the whole people, who speak by means of laws enacted by their representatives in Congress. Accordingly, administrative officials and employees alike are governed and guided, and in many instances restricted, by laws which establish policies, procedures, or rules in personnel matters."

I recommend the reader Google John Taylor Gatto who wrote The Underground History of American Education. My older grandson, Isaiah, at age six wanted me to read this book to him; and then his younger brother, Cole, age four chimed in that yes, for me to read to them from this book. This book had turned Isaiah's agony in trying to learn to read the way the public school set it up, to joy by my creating a "secret code book" for Isaiah, from using John Taylor Gatto's ideas in his book.

Kids listen and when Isaiah heard me talking to my son about what I was learning from Taylor's book, Isaiah went over and started flipping through the book. I paid attention and followed his interests. At age six and four both boys sat with me at the table for two hours with no fidgeting and no having to go to the bathroom. They were engrossed about the real world of adults, about the lives of Benjamin Franklin and Thomas Jefferson.

We were a highly literate nation in 1831 (ask Alexis de Tocqueville) then by 1854 or 1857 (I'll have to look up the date again) through a legislative act Congress created the first taxpayer union, the NEA (National Education Association) thus beginning the slide downward. Reforms since by and large continue that decline. In 1930 phonics got kicked to the curb and we got Dick and Jane. By 1935 we had our first epidemic of dyslexia. By 1955 Rudolf Flesch wrote Why Johnny Can't Read.

I've subbed in the school districts in the last few years and took a look at the latest "how to teach reading" materials. It's like a mishmash of "look-say" and phonics, fragments of this and that. It's not hard to learn how to read, but it's made hard. When Isaiah surged ahead and did a week's worth of reading homework in one night he got reprimanded by the teacher (think To Kill a Mockingbird).

I asked a friend, long time teacher, "How did public education start?" She thought it had to do with the Industrial Revolution that it began as a babysitting facility where kids would be put to be safe. That topic wasn't covered in the teacher college she attended. I suspect many if not most teachers don't know the beginnings of this thing called "public education."

I bring this up because we have a fascinating 150 year history to look back on that makes it possible to make other decisions today.

The article below gives a direct scenario how the taxpayer who pays the unions is not allowed at the so-called bargaining table of these taxpayer unions.
http://www.ajc.com/opinion/neal-boortz-public-union-861337.html

I got to be on the receiving end this year of SEIU "union organizing".  What did they do to contact me to see if I wanted unionizing?  Nothing.  Then I got a ballot to fill out to vote, but I wasn't allowed  be at the vote counting. Did SEIU contact me to tell me the outcome of the vote? NO.  What contact did I have next from SEIU?  

If you guessed SEIU wanted more money from me, you would be right. 


FDR was right.

DSHS Secretary Dennis Braddock Directly Contacted Washington State Supreme Court Justice Alexander, Unorthodox or unethical?

I recently wrote a blog article regarding two contradictory events that happened in 2001.

On one hand we, social workers and managers, were getting high quality investigative training by nationally recognized law enforcement personnel and I emailed DSHS Dennis Braddock on March 15, 2001 with wholehearted thanks.

Dennis replied to me: "Thanks for your message. Sounds like well worth the effort." Then Dennis forwarded my emailed to Bernie Friedman, the guy hired to reduce the number of lawsuit payouts by helping DSHS perform better.

Bernie wrote in his email me back in March 2001: "I am very interested in training on investigatory techniques as a risk management tool, so any help you can give me would be greatly appreciated."

By April 2001 I made a series of allegations regarding my managers ordering public records be altered by writing a new records and destroying the original ones, my allegations went directly to Dennis Braddock, DSHS Secretary. Until this date I had never been ordered to alter records where then the managers had the original destroyed.

On August 3, 2001 Dennis Braddock, DSHS Secretary wrote directly to Washington State Supreme Court Justice Gerry Alexander that he, Dennis, analyzed that the increased payouts in lawsuits were a result of media stories.

Quoted from the article linked below that was written in 2005: "...Dennis Braddock, took the unorthodox step of writing Chief Justice Gerry Alexander of the Washington Supreme Court to complain that the publicity generated by lawyers and reporters was hurting the agency." It's unclear from the news article if this was another contact Dennis made just as he was leaving his post in 2005 or refers back to the 2001 contact with Chief Justice Gerry Alexander.

Bernie Friedman's 2006 obituary mentioned he felt like he had to quit in 2004 in part because of conflict with the Attorney General who was now to become governor.

I was sad to find a Risk Management report Bernie prepared dated October 29, 2004 where he focused not on the poor management of DSHS but blamed juries for being outraged at children and developmentally disabled adults who were abused while under care of the state and being told "to send a message" by attorneys. Rather than suggesting that DSHS functioning be improved as he indicated to me in 2001 Bernie wrote: "The liability environment will not be changed without legislative intervention."

My intuition and experience from being inside DSHS for so long is that Bernie got pressure to write that and I bet that laid heavy on his soul after he quit.

Whether Dennis said that both in 2005 and 2001 when Dennis left the agency on March 27, 2005 Dennis wrote and sent each of us a goodbye letter which in part reads: "You have heard that the DSHS Secretary's job is one of the hardest in the State. I must say that has just not been the case for me."

My question is it unorthodox or unethical for the DSHS Secretary to have such contact with the Chief Justice of the Washington State Supreme Court? Is it wholesale ex parte contact given the many cases against DSHS over the years including Dennis Braddock's years? I'm trying to do research to find out the answer to that question. Anyone know?

I have a January 3, 2005 email from a DSHS supervisor who wrote me when I asked why we were being ordered not to put emails in licensing files: "The AAG has told us not to include emails in provider files otherwise the licensor's computer can be subpoena"

From 2002 through 2011 this author still has been requesting the Attorney General release an opinion about the concealment, the alteration, the removal and destruction of public records out of current and established licensing files in violation of the Records Retention Act.

Maybe now that Rob McKenna is running for the office of governor he will compose and release his opinion?

If McKenna doesn't will we have more and more of secret government preventing oversight by the citizens ... you know, government of the people, by the people and for the people?

SR.com: New DSHS boss has daunting task

Rolling Around Heaven all Day: Colleen Hill on her 43rd Birthday

I'm re-posting my tribute to Colleen after her death in October 2008.  The lesson and the teaching of Colleen Hill being in this world, is that the individual is powerful; and that a small group of people can move mountains even when it seems all odds (and money) are against them. Happy birthday Colleen, like that Lucky Ole Sun you get to roll around heaven all day.

Colleen Hill

Parents in Washington State lost a voice this week with the death of Colleen Hill (born September 11, 1968 and died October 29, 2009) in Snohomish, Washington.

There are people because of their hearts and integrity are compelled to respond to those devious and underhanded.

Unable to let Washington State parents' children be used to fill the coffers of a former Pennsylvania social service state bureaucratic worker, Andy Stern, the autocratic, dictator president of SEIU, an organization claiming to be a union of the people and for the people (but is not) Colleen spoke up and organized.

Andy Stern learned from being that former state government worker what a cash cow state government was and has been bringing in the taxpayers' money ever since.

Colleen Hill, small business entrepreneur, child care center owner, past president of the Snohomish Chamber of Commerce became the most articulate, most from the heart activist and the most dynamic listened-to-speaker at the Capitol in Olympia to educate the legislature on what an out-of-state union in name only was doing and further planning to do using your children to fill Andy Stern's SEIU coffers with your money.

Because Colleen truly put children first, her passion, vitality was evident to everyone including the Washington State legislature. With heart, passion and humor Colleen did what was right. Colleen didn't let an organization like SEIU with millions and millions of dollars at Andy Stern's disposal frighten or stop Colleen from doing what was right.

David vs Goliath. Colleen Hill went to Capitol Hill in Olympia and faced down the growing behemoth that had been SEIU.

Because of Colleen, Candi Doran, Ginger Still, Senators Hatfield and Hobbs, a small band of child care centers and others including Washington Parents for Safe Child Care and Child Care Consulting in Washington State (and others), the in-name-only, so-called union, SEIU for the first time in Washington State history was defeated in 2007 and then again in 2008 from using your children and taking your money.

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.
" (Margaret Mead)

Colleen Hill will be remembered, missed and yet she leaves a striking image, a ready smile, a spunky-kind-truth-teller, a role model who continues to inspire others as we craft Colleen Hill truth-telling-moments to come.

We miss, honor and appreciate. Colleen Hill will not be forgotten.

Friday, September 9, 2011

Hold State Gov't Unelected Bureaucratic Managers Accountable

From my inside view, from being a 20 plus years as a Washington State government social worker, government managers must be held accountable.

I had an intersection moment with Bernie Friedman, the government's attorney hired to lessen risk to children and families by DSHS (Department of Social and Health Services) thus cutting the number of lawsuit payouts, and DSHS Secretary, Dennis Braddock.

I look at the current government players in DSHS and the Attorney General working to remove accountability in Washington State government.

The citizens of Washington have historically demanded that government be accountable to the people, more so than in other states in our great country.

In 2001 we (government social workers and managers) were given investigative training by national high class investigation experts as a result of a lawsuit settlement.

It was the most stellar training I ever had in DSHS. I immediately wrote an email to DSHS Secretary Dennis Braddock to praise him for giving us this training. I wanted to know who pulled together that training. Dennis emailed Bernie Friedman my email; and Bernie emailed me back.

Then behind the scenes two diametrically opposed events (I got emails through public disclosure showing what was unfolding) began to occur.

My child day care licensing managers instead of replicating the original training as conceptualized by the lawsuit settlement began giving training that took out essential elements of an investigation, like calling the referent back, confirming the information contained within the complaint referral and asking additional questions to get a clear picture of the complaint and what evidence might exist; and who else we might interview.

Meanwhile Dennis Braddock's focus was to attempt to change the law whereby citizens of Washington State could hold the government accountable. From the emails I read Dennis' position wasn't how great it was that social workers finally got stellar training on how to conduct investigations ... it was simply to make the government unaccountable.

DSHS put on the their website that the government's child day care licensing agency could not take any action on licensed day care unless there was "imminent harm" to children. DSHS used a CPS (child protective services) law (RCW 26.44) related to private families and applied it to licensed day care rather than identifying the child day care licensing law (RCW 74.15) which states that the health, safety and well-being is paramount over anyone having a right to care for children. .

DSHS would not correct the error on their website even when they admitted (through emails I got) that my take on the law was correct. In addition, DSHS would not tell me who was responsible for writing this untruth that parents would read on the DSHS website.Government secrecy.

Now our current Attorney General, Rob McKenna, appears to be on the same path. One more attorney general that is running for the office of governor. It's interesting to contemplate this trend.

Check out both linked articles below and see what you make of this move to simply make all government all powerful and take away citizens' rights to hold our government accountable.

From the obituary article on Bernie:
"Five years later, under Mr. Friedman — a sharp, blunt, cigar-loving lawyer — the state's most-sued agency had cut its annual payouts to an average of $10 million (this from a high of 47 million dollar payouts). The results seemed to assure Mr. Friedman's job security. But he feared he had stepped on too many toes, especially in the Attorney General's Office, and he resigned when former Attorney General Christine Gregoire became governor."

Washington State Association for Justice

http://seattletimes.nwsource.com/html/localnews/2003182524_friedmanobit08m.html

From the Washington State Association for Justice article:

"The experience of the state has shown that aggressive prioritization of risk management and loss prevention programs is the best deterrent to incidents causing injuries and harm, and subsequent liability for causing that harm. These programs are the best of both worlds—they prevent injuries from occurring while also saving the state money. In 2003 and 2004, when these programs began and were emphasized, payouts dropped an astonishing 75% in one biennium, and stayed in that range for five years. Only when the emphasis faded did payouts start to rise. We need to get back to trying to prevent injuries and suffering, and thus the payouts that can go with them."

Looking back from my historical perspective Bernie Friedman got blow back for taking the stance, hey government managers do a better job.  

Without a Bernie Friedman looks like, in my opinion, the attorneys general and the DSHS managers are perhaps being too chummy which is leading to, hey, let's do away with this citizen accountability law.


Bernie left and things slid back the other way...more children being maimed and dead and instead of hiring another Bernie Friedman to do truth telling to government, the attorney general, governor, DSHS and such other state entities are pushing, in my opinion, on your citizen legislators to simply, to never hold government accountable if they do a poor job, to not allow citizens to ask other citizens in the community through presenting to a jury, "what do you think?"


I've been on a jury and I've testified to a jury. I respect juries. Juries are the citizens, juries are us. It is the citizen holding the government responsible.


From Margaret Meade, anthropologist, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

A jury is a small group of thoughtful, committed citizens.  You, your friends and neighbors are a group of thoughtful, committed citizens.

I encourage all to keep the citizen stewardship in holding Washington State government accountable. Your senators and representatives would be happy to hear you. Otherwise, they have to contend only with special interest groups swarming like locusts through the Capitol and legislative offices during the legislative sessions.

Friday, September 2, 2011

How Come South Dakota Can Give Parents Vital Information But Washington State Won't?

More data added to day care website | The Argus Leader | argusleader.com

Click above to see article and within article is a link to a South Dakota website that gives parents not only inspection information but also revocation and suspension information. And it doesn't appear that a state law was passed like in Washington State to do so. Type in the name "Smith" and see one inspection note.

From the Souix City article:

"The city of Sioux Falls has added revoked and suspended providers to the searchable web page.

The webpage also shows whether a day care has been inspected. Only providers who are new or have complaints are inspected.The move comes after the city revoked day care provider Connie Edwards registration after 4-month-old Meredith Ulmer was found unconscious and not breathing June 30 at the in-home day care of Edwards at 1816 S. Remington Circle in west-central Sioux Falls."

What has to happen for the unelected bureaucratic managers in the Department of Early Learning (DEL) in Washington State to add this information?