The Shop Cop - Jennifer Litwin

I recently interviewed an in-house lawyer named Julie from the American Bar Association (ABA) in Washington, DC, for one of my radio shows.  The show had nothing to do with my story below, but a story she told me of her recent daycare woes was a riveting one, having kids, myself.  I could relate.

Julie has just returned to work after months of dealing with a horrible daycare experience in the DC area.  It is still not over for her.  As a lawyer, she has spent months researching what kinds of laws are imposed on daycare facilities; how they must be run, how they must treat your children and what qualifications their owners must have.  Her findings are shocking.

90% OF ALL DAYCARE OPERATORS DON’T FOLLOW FEDERAL GUIDELINES

Months ago, Julie hired a daycare to take care of her 6-month old baby so she could return to work.  A few weeks after sending her daughter to daycare, she noticed her daughter became extremely fussy, and inconsolable.  Julie got worried, and began asking friends if they had any experiences with daycare that she could benefit from.  Her baby had never cried constantly like this before.  She was advised to show up unannounced to the daycare, in the middle of the day, just to see what was going on.  But Julie said that this daycare owner seemed so nice and trustworthy when she met her.

VISIT YOUR CHILD’S DAYCARE FACILITY UNANNOUNCED TO FIND OUT WHAT’S REALLY GOING ON

Julie arrived at the facility, only to discover that her baby was lying in her crib, dirty and wet from crying, and crying for what appeared to be a long period of time.  Her diaper needed an extreme change.  The baby was being completely ignored.  Where was the owner?  Julie discovered her in another room down the hall, talking on the telephone, not tending to the children.  Coming unannounced told her everything she needed to know.  The next day, Julie came unannounced again, to find the daycare owner and her assistant just hanging out in the kitchen, gabbing away, while her baby was screaming in the other room.  Julie asked the owner why she wasn’t tending to the baby and the owner replied that babies often cry; especially little ones.   But Julie explained that her baby typically didn’t cry like this.  Julie popped in unannounced for the rest of the week, until realizing that she just had to pull her daughter out of the woman’s home for good.  The woman threatened to sue her for breach of contract, saying that Julie was obligated to complete her contract and pay the remainder for the year.  Julie’s research and networking proved that many other parents were in the same position with their daycare operators.

Julie began to do some research about daycare to find out what the laws are governing daycare facilities.  Julie told me that what she discovered about daycare shocked her.  There are no federal regulations for child care businesses.  Period. It is hard to get a claim against daycares.  And Anyone can set up a daycare, even those with no formal education or training.  Yes, that’s right.  No training or education.

THE FEDERAL GOVENMENT IS TIGHTENING ITS INVOLVEMENT WITH DAYCARE, ESPECIALLY HOME DAYCARES, BUSINESSES THAT HAVE NO GOVERNMENT INVOLVEMENT

So what is the Federal Government doing about this?  Julie told me that she contacted the main agency that daycares fall under: The Child Health Bureau of the US Department of Health and Human Services.  Yes, the Bureau has more than 650 standards on health and safety issues for child care programs.  These are not laws a daycare must follow; rather guidelines.  That said, the Partnernship Alliances and Coordination Techniques (PACT) is an organization whose goal is to get government to impose stricter rules on daycare facilities.

According to the National Institute for Early Education Research claims that 1/9 daycares is awful, and rest are mostly mediocre, at best.  In South Carolina, parents are trying to get laws passed to allow complaints of daycare operators to be made public.  The state is moving towards frequent unannounced inspections of facilities.

THE DANGERS OF DAYCARE: WHAT YOU SHOULD KNOW BEFORE GOING THE DAYCARE ROUTE

Most parents are unaware of the dangers of putting their children into daycare.  They don’t realize that the daycare industry is hugely ignored, and considered just another low-paying, low education industry by most government agencies.  Unicef did a research study and found that the lack of stimulation provided at most daycares where children are put in daycare under 12 months of age is actually hurtful to their brain development and sense of feeling well adjusted.

The New York Times recently published an article expressing concern over the state of daycares in America.  Sadly, daycares have developed a reputation for attracting parents with lower income and lower expectations.  Many children, as a result of being in daycare, learn aggressive behavior at a young age.  When shopping for daycare, parents place too much emphasis  on getting the cheapest price, rather than on the daycare following the federal guidelines.

The highest parent satisfaction ratings of daycare have consistently been in facilities that are attached to the parent’s workplace, and are an actual facitility, adhering to government guidelines.  Only 10% of home daycares provide “superior” quality.  90% of home daycares regularly ignore outside regulatory standards, disappointingly so–a parent’s worst nightmare.

Let me just say I am so glad that Julie brought this to my attention, and I am offering the most important guidelines you should follow when shopping for daycare so you won’t have this happen to you.

RULES YOUR DAYCARE MUST FOLLOW, ACCORDING TO THE HEALTH AND HUMAN SERVICES DEPARTMENT/NATIONAL CHILDCARE INFORMATION AND TECHNICAL ASSISTANCE CENTER (NCCIC):

Before hiring your daycare operator go down this checklist:

1. The”TORCH” , a symbol of excellence, awarded by the National Association for the Education of Young Children (NAEYC)-The NAEYC evaluates daycares, nationally, and awards them accreditation if daycares meet their gold standards.
2. EDUCATION/ONGOING EDUCATION: Look for only a daycare whose owner has a degree in education, preferably a masters, or a degree in child psychology or welfare so they are familiar with all areas of the child’s development: cognitive, emotional, language, physical and social.  Ongoing education for the owner and employees is a must, as there are new trends and guidelines that daycares should be familiar with.  Training is offered by the Maternal and Child Health Bureau of the US Department of Health and Human Services in every major city.  Daycare owners and employees should also take classes in nutrition and physical education, along with safety and CPR classes.
3. AMPLE SPACE FOR EXERCISE:  Many daycares lack ample room for children to get the exercise they need to grow and be active.  This is especially true with daycares that are operated out of a house, the least regulated form of daycare in America.  Many daycare facilities don’t stress active movement, especially for very young children.
4. WEEKLY LOGS FOR PARENTS: Parents must be given a written weekly log of feedings, activity and diaper changes.  Don’t accept anything less.  It is the parent’s right to know this information.
5. REGULAR, SCHEDULED CONSULTATIONS WITH PARENTS: To discuss the progress and activity of the child.  The agency says that too many parents just drop off and pick up with no real dialogue with their daycare facility.  The operator must share your philosphies about upbringing, sleep and eating, or else this isn’t the right operator for you.
6. BUSINESS, NOT HOMEOWNER, LIABILITY INSURANCE: A must because a daycare is a business.
7. FOOD SHOULD BE PROVIDED: Food must meet nutritional standards and is a tax write-off by the IRS.
8. A LICENSE: Though not an enforceable law, it is strongly advised that you only look for a daycare that has a license to operate as a daycare, and don’t select a business that doesn’t have a license.
9. BACKGROUND CHECK: Don’t trust your daycare to take care of your child unless you have seen a background check.  States require background checks if daycares are receiving money from the state.
10. LIMIT TV USE TO 30 MINUTES A DAY: Children of all ages need change and variety constantly to grow up into healthy human beings.  Many daycares have the TV on most, if not all day.  These owners use the TV as a babysitter.  You don’t want that for your child.
11. LARGE VARIETY OF TOYS: Must be sterilized nightly and must be in excellent condition.  Many daycares have too few toys, and toys that are not in good condition or stimulating enough to the child; not to mention, unsantized.
12. NO SICK KIDS POLICY: The Baby Center Medical Advisory Board says that you should not send your child to a facility that allows even mildly sick children to come.  Especially at young ages, kids pass on germs quickly.  Your daycare operator should have a strict policy about not allowing sick kids to come.
13. NIGHTLY STERILIZING OF THE FLOORS, SPACE AND TOYS: If nightly vacuuming, scrubbing the floors and sterilizing is not done your child can pick up many germs.  Against federal guidelines to do anything short of that.
14. DAILY ROUTINE AND STRUCTURE: Your daycare should provide a number of stimulating activities for your child.  Parents should be given schedules and lists of all activities.
15. CLEANLINESS ROUTINE FOR YOUR CHILD: The State of Massachusetts has laid down the law on hygiene that is required at daycares.  It is the first state to mandate that daycare operators must brush kids’ teeth after every meal.