Getting State Government Records - Public Records - Day Care & Public Records

In helping a parent to some degree understand the workings of DSHS (Department of Social and Health Services)  I had the opportunity to interface with my old agency (DSHS) in Vancouver, Washington and to meet with a former co-worker who advised the parent could make a public disclosure request; that it would take thirty days.

I advised my former DSHS co-worker, Patrick Dixson, a CPS social worker, the law states five business days to produce a record. With elevated energy he said, no, thirty days.  The law, I confirmed to him, states five days.  I assured him the law states five business days.  He emphatically continued to disagree.  Later the father after he had talked with Mr. Dixson reported Mr. Dixson was told him he wouldn't get records for six to eight weeks.

I've copied in portions of the public disclosure law below. All boldings are mine.  Legal language can be dense so I highlighted portions for a citizen who wants to make a public disclosure request for either their child protective services (CPS) or for day care records.  I've bolded the most important portions and phrasings in the law.

When I worked for DSHS I found the same disregard of the law and when laws were identified to various unelected managers, they seemingly acted as if their pronouncements were law not what the citizen legislature had enacted.

Copied below are relevant portions of the law from Washington State's public disclosure law or the Public Records Act.

---

"42.56.520
Prompt responses required.

Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) providing an internet address and link on the agency's web site to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer; (3) acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency,  the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or (4) denying the public record request.
Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it.

Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.

[2010 c 69 § 2; 1995 397 § 15; 1992 c 139 § 6; 1975 1st ex.s. c 294 § 18; 1973 c 1 § 32 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.320.]"

Notes:

Finding -- 2010 c 69: "The internet provides for instant access to public records at a significantly reduced cost to the agency and the public. Agencies are encouraged to make commonly requested records available on agency web sites. When an agency has made records available on its web site, members of the public with computer access should be encouraged to preserve taxpayer resources by accessing those records online."

I'll get a copy to DSHS in Vancouver, Washington and see if DSHS Area Managers, either Bill Paresa or Cindy Hardcastle and see if DSHS will follow the intent of the law.

For Parents The ABCs of Child Injury :: Published by David A. Wolf

The ABCs of Child Injury :: Published by David A. Wolf

I ran across this on the internet and downloaded this free book by David A. Wolf. Click on the link if you'd like a free download of the book.

His dedication page reads:

"This book is dedicated to my Wife (Robin), who made this project possible through her love, patience, support and dedication to our family, and to our children, whose love of life inspired me to focus my work on advocacy for injured children, because all children should enjoy a full and healthy life."

Hear, hear.

I made a suggestion to add window blind cords and to let parents know what kinds of information they likely will NOT find on these state government day care licensing websites as well as the information that Child Care Resource and Referrals don't have access to the day care licensing information that the states' store; the most vital information I parent needs to make the most informed decision about the care of their child while they are at work.

Well written in a common sense way with practical and important information for parents. Parents would get more out of reading this then just reading the state day care regulations.

How to Find out if a Day Care has Violations?

Whether it is in Washington State or another state the action that will get you the most reliable information is through making a "public disclosure request" or "Freedom of Information request" when researching the daycare you are considering..

Use that wording (in bold).

Tell the day care licensing agency you want the entire history for that day care provider and/or facility or at the minimum ask for the "violations of the regulations" and "complaint investigations" and "child protective services (CPS) investigations" and "legal enforcement actions."

Again use the wording exactly as I've provided in bold.

In Washington State the child care licensing agency has moved into the 21st century and scans in documents now which is by far the most efficient, effective and economical manner in which to make day care licensing history transparent.

Washington State legislators especially Representative Ross Hunter of Bellevue has had the envisioning of government transparency for some time now.

Where ever the day care licensing agency is for your state make that request and make in writing (encase you end up taking the state government to Superior Court. 

Google your state law in regards to public disclosure and read it.   You become the professional, be methodical and have a copy of the law to give to the government bureaucrat who might try to tell you the law is what it isn't.

I had occasion to be at my old state government agency talking to a former co-worker in CPS who said it takes thirty days to process a request. When I told him the law says five days he was not happy with me and with no hesitation told me I was wrong.

I will follow up with him and send him a link to the law (RCW in Washington State); and educate him.

Julia O'Malley : In 'hot sauce mom' case, Dr. Phil didn't help | adn.com

Julia O'Malley : In 'hot sauce mom' case, Dr. Phil didn't help | adn.com

A thank you to Julia O'Malley in Anchorage for covering this story. I wanted to pass it along.

From the article:

'The boy is a victim of his mother's anger and narcissism, and also of exploitation by the "Dr. Phil" show, which promised a woman with problems fame and help in exchange for video of her losing control. No matter how things go, she's being held accountable right now. Dr. Phil, who cashed in on her situation, isn't.'

It appears at this time the Dr. Phil Show is not getting a clue. The article reports the show is still trolling for more angry moms.

Dr. Phil' hot sauce case

Woman convicted of child abuse in 'Dr. Phil' hot sauce case

Here is a more full article on the mother who abused her adopted son. According to the mom the Dr. Phil show, the producers wanted a video showing her punishing her son. Is she telling the truth? It also says she had contacted Dr. Phil a year and a half before.

I'll be interested to see what Dr. Phil has to say and better yet what documentation he will present. If parents contact his show there should be documentation that Dr. Phil gave some kind of referral information to moms and/or dads as to where to get help.

Copied from the above article:

"The show eventually called to find out if Beagley was still angry, she said. 

Beagley then submitted audition videos in which she yelled at the boy, but producers said they needed to see her actually punishing her son, the prosecutor said."

Then she had her ten year old daughter do the video taping.

Maybe the reality television has reached a tipping point. How many recent deaths have occurred because of reality television?

Did the prosecutor interview Dr. Phil?  Did he break a law?

Day Care in Washington State, in the US and/or Canada

Child-care centres to start posting serious occurrence reports - thestar.com

I'm interested in the commonalities I see across our country and other nations. From this Ontario, Canada newspaper:

"Nearly four years ago, the Ontario government promised to regularly report and publish daycare inspection records online after an in-depth Star investigation in 2007.

Star reporter Rob Cribb waged a two-year battled through freedom of information to obtain daycare incident reports. Those documents showed how kids were hit, kicked, played in dirty conditions and in some cases were fed allergy-triggering food."

Similar to Canada, in Washington State the legislature passed a law in 2007 for the Department of Early Learning (DEL) to post revocations, suspensions and denial actions against licensed day care providers. And like Canada unelected bureaucratic managers simply refused to comply.


What are the connections, the threads and why the similarities in failure across a broad and complex spectrum of government and non-profit agencies ?


Why the web of deceit and the hiding of information from parents? Who benefits from hiding information from parents?


How many billions of dollars of taxpayer money is flowing out like a blown artery to a wide spectrum of not only government and non-profit agencies but, also, to legislatively created so-called unions?

The commonalities intrigue me. Are they confined to North America and Canada? If I look across the pond will the pattern repeat?


If anyone has a hypothesis and would like to write about that perhaps I could put it up as a guest article on my blog.

'Hot Sauce Mom' Found Guilty for Spicy Punishment

'Hot Sauce Mom' Found Guilty for Spicy Punishment

I am glad to see the good citizens of Alaska stepped up to speak out about this abuse.

Looks like Dr. Phil is a psychologist in most states including California where he would be a mandatory reporter of child abuse. He maybe could be charged with child abuse himself depending upon an investigation.  Showing this little child's humiliation and degradation on video to millions is in my opinion is emotionally abusive.

In Washington State a day care provider did that many years ago now and she was allowed to keep her license. She still has her license.

Someone needs to speak to Dr. Phil, in my opinion, in the way Dr. Phil speaks to others ... "What were you thinking?!"

Using children for media gain and ratings is wrong.

Thank you to the Alaska citizens who spoke up.