Saturday, January 24, 2009
PA: Parents hire attorney to investigate alleged child abuse at daycare center
The abuse allegedly occurred in an area of the day care where cameras were not present and could not capture the alleged abuse, and, also allegedly, where other staff could not witness the abuse.
Fortunately Rebecca DeWitt, an employee at the YMCA who became aware of the abuse through another employee, told parents about the *alleged* abuse.
The YMCA promptly fired HER as thanks for her due diligence in protecting those young children. [We'll say it since they won't "THANK YOU REBECCA!!!" We hope you get a hefty sum if/when you sue them for retaliation!]
The state Dept of Public Welfare indicates it has confirmed staff used alum for discipline purposes, yet they CONTINUE TO ALLOW THIS FACILITY TO OPERATE. This bears repeating: The Department of Public Welfare has confirmed personnel in this facility DELIBERATELY POISONED YOUNG CHILDREN, yet it allows the facility to remain fully operational as they attempt to determine how many times alum was given to children and why the substance was in the building in the first place.
They also estimate this investigation could take 2 WEEKS to resolve. And even then, there’s no guarantee they’ll take ANY action, which may or may not include revoking their license.
The good news is the YMCA indicates that 5 employees and the director have been "removed from the facility," as their policy is to suspend employees accused of misconduct while the investigation is ongoing. That doesn’t mean, however, that those staff and the director wouldn’t be reinstated pending the outcome of DPW’s “investigation.”
What we can’t understand is WHY the Department of Public Welfare hasn’t SHUT THIS PLACE DOWN while they “investigate further.” Why this facility hasn’t been made to present to the Department of Public Welfare a corrective action plan to ensure young children’s safety while in that facility, at a bare minimum - and to have that plan approved by the Department of Public Welfare - before they can even think of resuming operations.
And this is why abuse – even if only “alleged” - is allowed to continue…
By Patty Yauger, Herald-Standard
01/24/2009
http://www.heraldstandard.com/site/news.cfm?newsid=20248120&BRD=2280&PAG=461&dept_id=480247&rfi=6
SOUTH CONNELLSVILLE - A former YMCA Child Development Center worker and several parents of students that attended the center have retained a Pittsburgh law firm in connection with alleged abuse of the children.
Swensen, Perer and Kontos attorney Brian DelVecchio confirmed that he had been hired by parents with children enrolled at the school, including Brian and Janean Ansell, Shannon and Lloyd Partridge and Jessica Harr, along with former center employee Rebecca DeWitt, who notified the parents of the alleged dispensing of a pickling salt by other center workers.
According to DelVecchio, a minimum of four children, ranging in age from 3 to 6 were allegedly given alum by workers at the center since August.
Alum is a salt that is used in food processing and is an ingredient in commercially produced baking powder and can cause gastrointestinal bleeding, nausea, vomiting and burning when ingested, according to the Centers for Disease Control and Prevention.
Although it appears the alleged abuse has been going on for several months, DelVecchio said that the parents only learned of the use of alum as a punishment last week.
"You are dealing with toddlers and they are not going to understand, be afraid or unable to communicate it to the parents," he said. "That's what makes this so sinister."
Since parents have learned of the incidents, they have begun to "put two and two together," he added.
"Some of the kids were having gastrointestinal problems or vomiting or sick," said DelVecchio. "Parents thought it was a flu bug going around and never imagined that their kids were being poisoned."
Since meeting with the former worker, parents and children, DelVecchio said that the stories are "harrowing."
"Kids were being held down," he said. "One little boy came home every day and said, 'poor Nick, poor Nick,' indicating that Nick was being punished."
"One child that was having trouble communicating was subjected to this treatment."
DelVecchio said DeWitt worked at the center since 2000 and was unaware of any wrongdoing until being told by another employee that the children were being given the substance.
"My understanding is that it was given by two individuals in an area where there was no camera or where it could be seen by others," he said. "It was hidden, just like any abuse."
DeWitt was fired after center officials learned that she had notified authorities and parents, said DelVecchio.
It was unclear how long the children had been enrolled at the center.
"It appears these things started to happen when the kids entered the toddler or preschool program," he said. "It seems they were given (the alum) as a punishment for back-talking or other things a toddler might do."
State Department of Public Welfare spokeswoman Stacey Witalec said that the regulatory authority continues to investigate the alleged incidents.
"We are closely monitoring the facility as they do continue to operate," she said. "But our investigation is ongoing."
Through the investigation, Witalec said that it has been confirmed that alum was used as a means of discipline, but questions remain as to why the substance was in the facility and how many times was it given to the children.
The monitoring includes onsite visits and communication with the facility and the Regional Family YMCA of Laurel Highlands administrations.
"We always reserve the right to do unannounced onsite inspections of licensed facilities and (the development center) falls into that category," said Witalec, adding that it has been in operation since December 1998.
The center has been cited in the past for other reasons, she said.
"But not for anything as serious as this," said Witalec.
Five employees, including the center director, have been removed from the facility, according to Witalec.
The state agency has authority to take action against the facility, but not the individuals.
"We could take licensing action up to and through revoking their ability to operate," said Witalec. "Worst-case scenario, they could lose their license to operate."
Witalec speculated that it would take "several weeks" to conclude the department's investigation into the matter.
Regional Family YMCA of Laurel Highlands executive director Steve Simon said the organization was shocked to learn of the alleged incidents.
"Staff and volunteers of the Regional Family YMCA of Laurel Highlands were shocked by recent allegations that members of our staff might have acted with poor judgment by giving five children enrolled in our child care program alum pickling salt as punishment for misbehaving," he said in a press release. "We are cooperating fully with authorities to investigate this situation."
Simon stated that the YMCA policy requires that those staff members tied to the incident have been suspended pending a full review of the charges.
He did not identify the staff members, but said that prior to their hiring all had been "thoroughly investigated."
"The safety and welfare of children in our care always has been and always will be a top priority," said Simon. "The YMCA has been an important part of the Connellsville community for more than 20 years and we look forward to continuing to serve the needs of our community well into the future.
"At the same time, we recognize that the facts in this case are not fully known and we await the results of an official investigation."
When contacted, Simon declined to further discuss the matter.
DelVecchio, meanwhile, said he has yet to file any action on behalf of his clients, but anticipates legal action will be taken in the near future.
"I am in the process of investigating. There is also an investigation being conducted by the state, and I'd like to see how that develops," he said. "My main mission right now is to see the kids get any help they need."
Wednesday, December 17, 2008
TX: Daycare fighting order to shut down over spanking
dianesmith@star-telegram.com
FORT WORTH — Miss Endy’s Playhouse and Christian Day School is fighting state efforts to shut it down after children told an investigator they were spanked for wetting their pants.
Daycare leaders deny the allegations but contend in court documents that spanking is a discipline option because the facility is a Christian school.
"This was overreaching on the part of Protective Services," said Michael Handy, a Fort Worth attorney representing the facility. He said the 38 preschool and grade school children attending it are safe.
But the facility is licensed as a child care center and is not an accredited private Christian school. Hitting by hand or with an instrument is not allowed in Texas daycares.
The Texas Department of Family and Protective Services sent the facility’s administrator, Wilbernita Kinney-Crosby, a letter last Friday telling her to stop operating the daycare-school.
The facility, located at 5837 Humbert Ave. in the Como area, was able to stay open this week after 348th District Court Judge Dana Womack signed a temporary restraining order Monday evening. A hearing on an injunction is set for Dec. 22.
"They are still open," said Marissa Gonzales, spokeswoman in north Texas for the Texas Department of Family and Protective Services, which oversees child-care licensing. "There is going to be an injunction hearing on Monday where we will present our evidence as to why we feel it’s important for them to stop operating."
School leaders have also requested an administrative review through the department. If the result of that process doesn’t satisfy school leaders, they could request a proceeding with the State Office of Administrative Hearings.
The facility, licensed in 1985, has approval to care for children 18 months old through the fifth or sixth grade, Gonzales said. It must meet the minimum standards for operating a daycare.
The state’s investigation started with an October complaint from an unidentified parent that a 5-year-old was left in urine-soaked clothes for more than three hours.
The state followed up with an inspection and determined that the child also had to repeat out loud that she "would not potty on herself" while in timeout. Investigators also cited about 20 deficiencies, including reports of corporal punishment and yelling and humiliating children.
Other children interviewed said they were spanked with rulers, spatulas, spoons or a caregiver’s hand as discipline for urinating on themselves, according to the letter from the state.
The letter also alludes to a 2005 citation against the daycare, after the state found that it had used inappropriate discipline with children, including spanking during toilet training. At that time, the daycare was placed under a corrective action plan and was supposed to determine appropriate ways to way to discipline children.
Handy said the complaint was triggered by a parent who failed to bring an extra set of clothes for the child, which is required by daycare rules. Court documents filed on behalf of the school allege that the parent was disgruntled and owes tuition.
Youngsters and parents were worried closing Miss Endy’s would disrupt exams and field trips planned for this week.
Many parents attended Monday’s hearing. Parents and children also wrote numerous letters of support that were filed with the court.
"I am pleased with the overall principles at Miss Endy’s, " wrote D’Angelo Allen, who has four children attending the facility. "My children have good character and grades, what else could anyone ask for. She cares for all of the children and wants them to be the best they could be."
TN: Fire injures 5 at day care closed by regulators
ALAMO, Tenn. - A fire on Wednesday injured three children and two adults at a day care center that had been shut down by Tennessee regulators, authorities said.
Among those hurt was an off-duty police officer who spotted the fire at Heavenly Angels day care, called for assistance and helped rescue children from the building, Alamo Police Chief Gary Skipper said.
Two of the children and both adults were in good condition and the other child was in fair condition at Jackson-Madison County General Hospital, spokeswoman Kay Cranford said. She cited privacy laws in declining to release the names of the injured.
It wasn't immediately clear how many children were at the center outside Alamo, about 70 miles northeast of Memphis, when the fire broke out.
The day care had been shut down by the state after a 10-month-old child died there Oct. 1, Tennessee Department of Human Services spokeswoman Michelle Mowery Johnson said.
The state medical examiner's office ruled the baby died of Sudden Infant Death Syndrome, Dr. Tony Emison said. No charges have been filed.
The center operators voluntarily suspended their license immediately after the death but "we learned they may be operating again," Johnson said.
State inspectors said they found five children at the center during surprise visits on Nov. 14 and Dec. 5.
Last Friday a court issued a restraining order prohibiting the operators — Donna Cathey, Kathy Humphrey and Torri Blakemore — from operating a day care without a state license.
State law doesn't require a license to care for four or fewer children who aren't related.
Blakemore, who inspectors said was at the day care on Dec. 5, told The Associated Press that she isn't involved with Heavenly Angels and didn't know anything about Wednesday's fire.
She said she hasn't been to the building since Thursday but has applied for a state license to run a day care in that location.
Cathey and Humphrey didn't immediately return messages seeking comment, and there was no answer at the day care center. Humphrey's lawyer couldn't be reached for comment.
Skipper said the injured officer, Kevin Sugg, suffered smoke inhalation but wasn't seriously hurt.
Edolia Spinner has been Sugg's neighbor for 11 years.
"He's just that type of person," Spinner said. "He is a person who will help you."
Wednesday, December 10, 2008
OR: Daycare director charged with slapping child has complaint history
By ERIC ADAMS, Kgw.com Staff
http://www.kgw.com/news-local/stories/kgw_121008_news_daycare_director_slaps_child.4cb83771.html
PORTLAND, Ore. -- State child care authorities said Wednesday that a Clackamas daycare center director who was arrested for slapping an 18-month-old has been charged with improperly hitting a child before.
Clackamas sheriffs on Tuesday arrested Viva D. Redding, 59, owner and director of the Sunnyside Learning Center, for slapping an 18-month-old child as a form of corporal punishment.
Kathleen Hynes, a manager with the Oregon Employment Department Childcare Division, said a complaint was filed against Redding in December 2007 for "improperly spanking and/or slapping a child."
At the time, Redding was running a daycare center out of her home called Early Start Daycare and Preschool.
State officials investigated and found the complaints were valid and Redding was required to undergo training for "proper discipline procedures for children," according to Hynes.
Hynes did not know whether Redding actually completed the state-mandated training, though.
On Tuesday, Redding took an 18-month-old into her office "to address disciplinary issues" after the child allegedly bit another child, according to sheriffs.
A Sunnyside Learning Center instructor told sheriffs Redding slapped the child hard enough to break skin around the mouth, according to a police report.
Redding was booked into Clackamas County Jail, cited and then released from custody on harassment charges, police said.
Chantel Williams has a 2-year-old son enrolled at Sunnyside. She said the kids really liked Redding and that she didn't really have any problems with her.
"The only problems we've had before is (my son's) gotten bit before and they didn't call me, so I was a little upset about that, once, but their rates are so much cheaper than everyone else," Williams said. "They've all been very nice and he's seemed to like it here. It makes me uneasy -- I wish I had known this before I brought him here."
Redding was scheduled to address the charges in court on Jan. 8, 2009.
Several agencies participated in the current investigation, including the Department of Human Services, the state Employment Department and Clackamas sheriffs.
Sunnyside Learning Center has an enrollment of at least 40 children.
The Oregon Division of Child Care Licensing said a number of complaints had been lodged against Sunnyside, including improper staffing levels and sanitary issues.
Sunnyside will continue to operate, officials said, but Redding did not come to work Wednesday.
Sheriffs said any parents concerned their children were hit while in care at Sunnyside should contact the Department of Human Services hot line at 971-673-7257.
KGW Reporter Amanda Burden contributed to this report.
Monday, December 8, 2008
KS: Salina Daycare License Suspended
Updated: Nov 24, 2008 05:19 PM EST
http://www.kwch.com/Global/story.asp?S=9407153
The state suspended the license of a Salina daycare Monday afternoon, after investigating complaints.
The Kansas Department of Health and Environment conducted a complaint survey with SRS on Sharing and Caring Inc. The daycare is located at 663 South 9th. Street in Salina.
Investigators say, the daycare used corporal punishment such as "grabbing and yanking children's arms, pulling children roughly from seated positions and threatening children." The complaint adds that a lead staff members and the daycare director were force feeding children by "holding their mounths open, pinching their faces and pouring milk down their throats. Several times children have vomited by having this done."
Sharing and Caring was first issued a license in March 2000. They have a capacity of 17 children, ages 2 1/2 to school age. There is no prior history of complaints or legal enforcement.
Under Kansas law, KDHE can pull a daycare's license when it believes children's safety is at risk.
The daycare is now required to notify parents that its license has been suspended.
The daycare operator has a right to request a hearing on the issues, but it must do so within two weeks.