CPS against a Daycare
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CPS against a Daycare
I could use some advice on an appeal in NY.
My fiance (the Daycare Director) runs a Daycare on site at a local residential treatment center for boys. The Daycare is for the staff's children.
It opens at 7:30, and she typically does not arrive until 9, but there is statutory coverage as children arrive at various times in the morning.
About 8:30 one morning a child bit another child. There were 7 children present and 2 staff, ratios at the time are 1:5 for that age group. One staff member takes the child who was bitten out of the playroom and attends to him then goes back a few mintues later.
The daycare tell the parents what happened, they bring the child back the next day. The following day they learn that a CPS report was filed naming a teacher and the Daycare director as negligent.
Does anyone have any insight as to how to fight this? A report came back indicated against the two.
By the way the parents owed 2 months of fees, about $500.
My fiance (the Daycare Director) runs a Daycare on site at a local residential treatment center for boys. The Daycare is for the staff's children.
It opens at 7:30, and she typically does not arrive until 9, but there is statutory coverage as children arrive at various times in the morning.
About 8:30 one morning a child bit another child. There were 7 children present and 2 staff, ratios at the time are 1:5 for that age group. One staff member takes the child who was bitten out of the playroom and attends to him then goes back a few mintues later.
The daycare tell the parents what happened, they bring the child back the next day. The following day they learn that a CPS report was filed naming a teacher and the Daycare director as negligent.
Does anyone have any insight as to how to fight this? A report came back indicated against the two.
By the way the parents owed 2 months of fees, about $500.
Last edited by David on Wed Jan 24, 2007 5:54 am, edited 2 times in total.
Try Daycare.com for starters.
http://www.daycare.com/
Here are the CPS laws and policies.
http://www.childwelfare.gov/
http://www.childwelfare.gov/systemwide/ ... /index.cfm
Try to distinguish between licensing standards and child protective services standards.
Under licensing standards, a center can have wall to wall carpeting and no sink in the room, and in reality, no staff to maintain ratios when one teacher has to take a child out of the group.
With wall-to-wall carpeting, 2-yr-olds can wet, poo, and vomit on a carpet several times a week, and with no sink in the room, and only one teacher during nap, it is cleaned up with spray cleaner and paper towels on the spot, and vacuumed after closing. Under licensing, this is perfectly OK. There is no provision for waking sleeping children, returning ratios from 1/2 to full staff, calling someone from the office who is not there but out to lunch, evacuating the whole room, and calling in a professional with a wet-dry vacuum. Children are not supposed to be present when a vacuum cleaner is being used.
Under Child Protective Services Standards, children sitting in a circle on this same carpet, embedded with 5 yrs worth of urine, feces, vomit, and snot, during group time are the victims of neglect, even though the center is following licensing regulations. CPS regulations are not required training for daycare staff, and evidently not for the Day Care Council that makes up the daycare licensing regulations.
http://www.daycare.com/
Here are the CPS laws and policies.
http://www.childwelfare.gov/
http://www.childwelfare.gov/systemwide/ ... /index.cfm
Try to distinguish between licensing standards and child protective services standards.
Under licensing standards, a center can have wall to wall carpeting and no sink in the room, and in reality, no staff to maintain ratios when one teacher has to take a child out of the group.
With wall-to-wall carpeting, 2-yr-olds can wet, poo, and vomit on a carpet several times a week, and with no sink in the room, and only one teacher during nap, it is cleaned up with spray cleaner and paper towels on the spot, and vacuumed after closing. Under licensing, this is perfectly OK. There is no provision for waking sleeping children, returning ratios from 1/2 to full staff, calling someone from the office who is not there but out to lunch, evacuating the whole room, and calling in a professional with a wet-dry vacuum. Children are not supposed to be present when a vacuum cleaner is being used.
Under Child Protective Services Standards, children sitting in a circle on this same carpet, embedded with 5 yrs worth of urine, feces, vomit, and snot, during group time are the victims of neglect, even though the center is following licensing regulations. CPS regulations are not required training for daycare staff, and evidently not for the Day Care Council that makes up the daycare licensing regulations.
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i kinda find your post humorous. they actually substaintiated abuse over a child biting another? i couldnt tell you how many times my kids have come home with bites. my youngest daughter is a vampire child herself. shes one i have never once blamed the daycare for the bites. some kids just bite, its no ones fault. the workers place ice, give tlc, and thats about all you can do. i do know that my daycare will remove children that are excessive biters. but I seem to think that it probably had something to do with the them being behind in fees too.
welcome to the site
Did CPS investigate and question staff?
Did they admit the child bit the other child?
If so, the way the laws are written, that is all that is needed to have an "indicated report" is admitting it happened...
Is CPS trying to take her daycare license or are they just placing this in her file?
The following day they learn that a CPS report was filed naming a teacher and the Daycare director at negligent.
Did CPS investigate and question staff?
Did they admit the child bit the other child?
If so, the way the laws are written, that is all that is needed to have an "indicated report" is admitting it happened...
Is CPS trying to take her daycare license or are they just placing this in her file?
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My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
It's not humorous when you are in the situation and could lose your job.
Yes, they found them indicated because one child bit another. Which, occurs every week in daycares. they don't have a big problem with it here however.
They did question the staff and they said the biting occured, and filled out an incident report and gave it to the parents.
How can that be considered child abuse when it occurs frequently in every daycare and child care setting?
Yes, they found them indicated because one child bit another. Which, occurs every week in daycares. they don't have a big problem with it here however.
They did question the staff and they said the biting occured, and filled out an incident report and gave it to the parents.
How can that be considered child abuse when it occurs frequently in every daycare and child care setting?
biting
if thats the case every daycare must be neglectful than cause kids get bit all teh time in daycare. I worked in one for 4 years and if a kid didnt get bit at least once a day there was something wrong especially with toddlers
David, Is it an Appeal or is it an Administrative Hearing?
Like I said, the way the laws are written it falls into the gray area. Admit it happened and it's a indicated report..
IMO I would try and find evidence as to how many children are bit in daycare by other children. I'm sure there is a government report on it somewhere on-line.. Then argue that when the legislatures made laws to deal with abuse/ neglect, this isn't the type of case they were thinking of...
In any setting, one child can roll over on the kid next to him and bite...It happens that fast and there is no way to prevent some biting instances..
While it falls into the gray area and CPS can show it as an "indicated report".. I think you can show a review board that see's "true abuse and neglect cases" daily, that this case doesn't belong with them
Like I said, the way the laws are written it falls into the gray area. Admit it happened and it's a indicated report..
IMO I would try and find evidence as to how many children are bit in daycare by other children. I'm sure there is a government report on it somewhere on-line.. Then argue that when the legislatures made laws to deal with abuse/ neglect, this isn't the type of case they were thinking of...
In any setting, one child can roll over on the kid next to him and bite...It happens that fast and there is no way to prevent some biting instances..
While it falls into the gray area and CPS can show it as an "indicated report".. I think you can show a review board that see's "true abuse and neglect cases" daily, that this case doesn't belong with them
*********************
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
My advice is my opinion and not legal advice
*********************
A bad lawyer is worse then no lawyer and bad advice is worse then no advice....
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Agreed. It is not Humorous, the word we think it is ridiculous!
My Son bites another in Day care before and the caregiver brought it up with me and advised me to get a Psch. Doctor to find out what's causing him to bite. Later on, few Years later, I would find out that my Son was ADHD.
These Kids can have ADHD< ADD< other Behavioral disorders. Are there such things in your Wife's Files that shows that? You can use that to justify their decisions. If the Parents tells that their Child is indeed ADHD< ADD and a habitual biter, and it is all filed then you can have all those Evidence in an Administrative Review Hearing with CPS.
It is ridiculous to have it indicated as Child Abuse because it happens all the time with many Toddlers and Kids. It is an every day basis, not just one Kid.
My Son bites another in Day care before and the caregiver brought it up with me and advised me to get a Psch. Doctor to find out what's causing him to bite. Later on, few Years later, I would find out that my Son was ADHD.
These Kids can have ADHD< ADD< other Behavioral disorders. Are there such things in your Wife's Files that shows that? You can use that to justify their decisions. If the Parents tells that their Child is indeed ADHD< ADD and a habitual biter, and it is all filed then you can have all those Evidence in an Administrative Review Hearing with CPS.
It is ridiculous to have it indicated as Child Abuse because it happens all the time with many Toddlers and Kids. It is an every day basis, not just one Kid.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
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I'm not from New York but.....How was this even a CPS issue? CPS is about parents and their children, not daycares. That's licensing issues. CPS shouldn't have even taken a report to be "filed" but if they did, and did an investigation, what in the world could they do about it? Remove your children? This just doesn't make any sense to me.
No, CPS is about ANY caretaker, including any babysitter, daycare worker, teacher and even any adult living or regularly visiting in the home is classified as a caretaker, whether they care for the child or not.
If a child is maltreated by a stranger, or someone not responsible for the child's care, then the matter cannot be investigated by Social Services, but must be investigated by law enforcement, at least in Virginia.
If a child is maltreated by a stranger, or someone not responsible for the child's care, then the matter cannot be investigated by Social Services, but must be investigated by law enforcement, at least in Virginia.
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Also not to mention that CPS is all about PROTECTION OF THE CHILDREN. ANY CAREGIVER who cares for these Children are investigated. Even temporary caregiver including teachers, day care and so forth will be investigated. They claim that it is all about PROTECTING.
But I don't really think it is all about PROTECTING anymore anyways. They are more frivilous in making cases that almost does not exist. Even SO ridiculous that they are so nitpicky on dirty dishes and would remove children on just little dirty dishes or dirty laundry or whatever. Even so, they take pictures of the home, is downright ridiculous. They are NOT EVEN LOOKING AT THE CHILDREN. They LOOK at you and your home just to make justification of their Case. Even most Children are NOT ABUSED OR NEGLECTED, they would go almost nothing and that is not "protecting" the Children. It is more like greed and stupidity. They even make mistakes in their reports. Just like a Con Artist that does not cover their tracks all that well and will get caught for their crimes. Just the same. Sloppy work means sloppy cases which should NOT have been filed. A through investigation should be complete and through but they aren't. When they don't get it enough, they will pick on anything from your House and put in their reports to make it NEGATIVE. The more Negative, the better they thought the case might look like. It is ridiculous. The CPS Cases, most of them are all about fundings and not about ABUSE of the Children because the Children were NEVER ABUSED/NEGLECTED. Then why are they protecting as they claim? Maybe they are protecting their investments? Who knows?
But I don't really think it is all about PROTECTING anymore anyways. They are more frivilous in making cases that almost does not exist. Even SO ridiculous that they are so nitpicky on dirty dishes and would remove children on just little dirty dishes or dirty laundry or whatever. Even so, they take pictures of the home, is downright ridiculous. They are NOT EVEN LOOKING AT THE CHILDREN. They LOOK at you and your home just to make justification of their Case. Even most Children are NOT ABUSED OR NEGLECTED, they would go almost nothing and that is not "protecting" the Children. It is more like greed and stupidity. They even make mistakes in their reports. Just like a Con Artist that does not cover their tracks all that well and will get caught for their crimes. Just the same. Sloppy work means sloppy cases which should NOT have been filed. A through investigation should be complete and through but they aren't. When they don't get it enough, they will pick on anything from your House and put in their reports to make it NEGATIVE. The more Negative, the better they thought the case might look like. It is ridiculous. The CPS Cases, most of them are all about fundings and not about ABUSE of the Children because the Children were NEVER ABUSED/NEGLECTED. Then why are they protecting as they claim? Maybe they are protecting their investments? Who knows?
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
The workers didn't bite the child nor did they tell the other child to bite. You can't prevent a child from biting, it's going to happen. I worked in daycare for a long time and saw lots of biting and my kids of course were in daycare, they were the biting one and the one being bitten. I don't think this is a cps matter, hopefully they will see that.
Good news
Well, It took 8 months, but my fiance received a letter from CPS stating that the record will be changed so that the charges are not indicated. No hearing, she retained a lawyer ($2500) who sent in tons of paperwork stating the case was a crock and requested an immediate change in finding.
She lost her job because of this however. Is there a lawsuit here?
Does that mean that it is expunged or should we now persue that avenue?
She lost her job because of this however. Is there a lawsuit here?
Does that mean that it is expunged or should we now persue that avenue?
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If they "knowingly" fabricated reports and had "knowingly" lied under oath about your fiance. If they "knowingly" put stuff in their claims, and you know it is a lie, that's a criminal offense for fabricating reports against a person. If they "knowingly" lied under oath, that is also a criminal offense.
There can be a civil lawsuit if you know that they had "knowingly" filed untruths on record due to malicious and "INTENT" purpose. Then you just may have a case. I have a friend that is suing them for frivilous and malicious intent in a civil court under small claims court rather than civil court because it is cheaper and it will be on the invidivals rather than the whole as CPS organization. Small claims Court can be up in punitive damages up to 10,000. for each Worker.
You need to go back to Court to get her name expunged from the record. Have it court ordered to make sure her name is not in their database system for another 10 years. But have her Lawyer check the Child Abuse Registry to see if her name is on there. Any Lawyers can check the Registry and if it is still on there, then the Lawyer can file for expungement court hearing.
I would have to say congratulations for your finance to finally finished her case against these fools. I can see that you used document proof as evidence and that alone is the greatest protection of them all because it shows the truth. Congrats! One baby step at a time, she will prevail with her justice against CPS.
There can be a civil lawsuit if you know that they had "knowingly" filed untruths on record due to malicious and "INTENT" purpose. Then you just may have a case. I have a friend that is suing them for frivilous and malicious intent in a civil court under small claims court rather than civil court because it is cheaper and it will be on the invidivals rather than the whole as CPS organization. Small claims Court can be up in punitive damages up to 10,000. for each Worker.
You need to go back to Court to get her name expunged from the record. Have it court ordered to make sure her name is not in their database system for another 10 years. But have her Lawyer check the Child Abuse Registry to see if her name is on there. Any Lawyers can check the Registry and if it is still on there, then the Lawyer can file for expungement court hearing.
I would have to say congratulations for your finance to finally finished her case against these fools. I can see that you used document proof as evidence and that alone is the greatest protection of them all because it shows the truth. Congrats! One baby step at a time, she will prevail with her justice against CPS.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
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Re: thanks
David wrote:the cps investigator made up names of employees, names of children. Several other mistakes in the report. I think there is a case as well. Does anyone know a lawyer in NY who has handled a cps case.
If the CPS Investigator or CPS Worker "knowingly" fabricated reports, and concoted fable story, then you have a case. You need to get complete CPS Files to prove it. Fabricating reports and lying about it is ALSO A CRIMINAL OFFENSE. Especially if they used fabricated reports in Court.
Lawsuit has to go by Civil Rights Lawyer. You need a Civil Rights Lawyer. JMO
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22
http://forum.fightcps.com/viewforum.php ... 9a323a85b7
Go here and see if there is any help for you.
Go here and see if there is any help for you.
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This is not legal advice;hopefully wisdom
To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).
Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour
"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1
This is not legal advice;hopefully wisdom
To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).
Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour
"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1
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