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This past week, the Secretary of the Department of Health and Human Services, Kathleen Sebelius, held a press conference at an early learning center in Washington, D.C.  to announce new rules to promote the health and safety of children in child care.  She said that in the absence of legislation to reauthorize the Child Care and Development Block Grant (CCDBG), the Administration is proposing to revise current regulations to better promote the safety and healthy development of children.

HHS Press Conference May 16, 2013

HHS Press Conference May 16, 2013

In addition to the Secretary, a child care center provider and an individual licensed to operate a child care program out of her home spoke about the need for quality child care. They talked about the importance of high quality care for children to both be safe and in a setting that leads to school readiness.  For millions of children, child care is their early learning program.

One of Child Care Aware® of America’s parent leaders from Virginia, Elly Lafkin, spoke at the press conference about the death of her baby in a child care program. She told everyone how she and her husband had limited access to child care because they live in a rural area. She said this was their first baby and they were doubly anxious and cautious. A background check was conducted but it was a name check NOT a check using a fingerprint match against state and federal records. Unfortunately, the name check searched for only that particular name and it was only after the death of her baby when a police investigation was conducted that she and her husband learned of multiple aliases her provider had and the list of offenses for which her provider was convicted. She looked right at the audience and told them – if she knew that the provider had those offenses, she never would have selected her among other providers to care for her baby.  For more information about state requirements on background checks, click here to see the latest information and state tables from our research.

The proposed HHS regulations include minimum training requirements like safe sleep practices and first aid, practices to prevent shaken baby syndrome and emergency evacuation or shelter-in-place planning.  The Secretary called them common sense requirements. She talked about the importance of continuity of care.  She is concerned that frequent recertification requirements means in many states that parents are losing access to care, not because they earned more money, but because they somehow did not comply with the paperwork.  Another key component of the proposed new rules is for states to ensure that parents have more information about the quality of care so that they can be informed consumers.  The Secretary said inspection reports should be posted on the Internet and parents should receive information about child care programs through the use of quality indicators that can be easily understood by the public.  This only makes sense. Parents really can’t make informed choices if they don’t have information.

Congress has not reauthorized CCDBG in 17 years.  It makes sense for HHS to review current regulatory authority to better protect children.  The proposed regulations are posted on the Internet and HHS is inviting public comment over the next 75 days.  There are several areas in the regulations that ask for specific comments with regard to aspects of quality care such as scope and hours of training, frequency of inspections, and an appropriate time-frame during which to phase-in the new requirements.

Child Care Aware® of America will be working in the weeks ahead to promote the best quality care possible. We’ll be holding webinars and preparing summaries of various aspects of the proposed regulations. The comment period of 75 days is a long time, but it will go by fast. HHS needs to hear from us about what we believe will promote the health and safety of children in child care.

This week, the New Republic ran an article, “The Hell of American Day Care: An Investigation into the barely regulated, unsafe business of looking after our children.”  The article reviewed the condition of child care in America today and highlighted the Texas child care program where a fire killed four of seven young children being cared for by Jessica Tata in February 2011.

In many communities throughout America, child care is hard to find, harder to afford, and too often – of questionable quality.  Quality child care matters to ensure that children are both safe and in a setting to promote their healthy development.   Underlying the New America article is the dismal state of child care policies throughout America.

Child Care Centers

Child Care Aware® of America released its 7th child care licensing report last week, “We Can Do Better: 2013 Update,” which scored and ranked the states on state child care center licensing policies and oversight.  No state earned an “A” and only the Department of Defense (DoD) earned a “B.”  The remaining top 10 states (New York, Washington, North Dakota, Oklahoma, Texas, Wisconsin, Delaware, Illinois, Minnesota and Tennessee) earned a “C.”  Twenty-one states earned a “D” and the remaining 20 states earned a score of 60 or less, a failing grade.

Key Findings from the report:

  • Only 13 states require a comprehensive background check for child care center staff (a fingerprint check against state and federal records, a check against the child abuse registry and a check against the sex offender registry).
  • State training requirements vary greatly. The reality is that most state training requirements are minimal. States sometimes specify training topics, but many do not mention the number of hours needed to complete this training. There is no assurance that topics are covered in a comprehensive or systemic way or whether an array of required topics becomes a checklist only – with little likelihood of strengthening the knowledge and behavior of child care providers.
  • Only 16 states address each of 10 basic health requirements and 10 basic safety requirements recommended by pediatric experts. (For example, only 9 states and DoD require initial training in CPR for all staff).
  • Even the strongest program requirements are undercut by ineffective monitoring. Nine states (Alabama, Alaska, California, Colorado, Connecticut, Idaho, Massachusetts, Minnesota and Vermont) do not require inspections at least once per year.

Family Child Care Homes

Last year, Child Care Aware® of America released its 6th child care licensing report, “Leaving Children to Chance: 2012 Update,” which scored and ranked the states on state family child care home policies and oversight.   Of the top 10 scoring states, no state earned an “A.”  Only one state (Oklahoma) earned a “B.”  Three states (Washington, Kansas and Delaware) and DoD earned a “C,” four states (Maryland, Alabama, the District of Columbia and Colorado) earned a “D” and the 10th state – Massachusetts, with a score of 86 out of 150, at 57 percent, earned an “F” (as did all remaining states).

Sixteen states scored zero. Eight scored zero because they do not inspect family child care homes before licensing or regulating them  (Iowa, Michigan, Montana, Nebraska, Pennsylvania, South Carolina, West Virginia and Texas).  Another eight states scored zero because they either allow more than six children in the home before requiring a license or do not license small family child care homes (Idaho, Indiana, Louisiana, Mississippi, New Jersey, Ohio, South Dakota and Virginia).  For example, South Dakota allows 12 children to be in a home before requiring a licensing (the 13th child triggers the state licensing requirement).

Key Findings from the report:

  • Only 11 states require a comprehensive background check for individuals who wish to operate a child care business out of their home.
  • State training requirements are minimal with five states (Connecticut, Hawaii, Missouri, Pennsylvania and Texas) not requiring any hours of training before operating  a home child care.
  • Only 15 states address each of 10 basic health requirements and 10 basic safety requirements recommended by pediatric experts.
  • Even the strongest program requirements are undercut by ineffective monitoring. About half the states do not require at least one inspection per year.

What Can Be Done?

The Child Care and Development Block Grant, the federal law that allocates funds to states for child care and sets parameters for state child care laws, has not been reauthorized in 17 years (since 1996).  The law does not require background checks. The law does not require training for child care providers. The law does not require inspections.  That’s just wrong. It’s time to change the law.

Nearly 11 million children under age five are in some type of child care setting every week. First, children should be safe in child care.  Second, child care settings should promote their healthy development.

The President has proposed a comprehensive early learning strategy to promote safe, quality settings to foster healthy child development for young children from birth through preschool-age.  For many of the 11 million young children in child care every week, child care is their early learning setting.  As Congress considers an early learning vision for America, fixing child care should be the cornerstone.

Parents need child care in order to work and a strong economy depends on working parents.  At the same time, parents cannot be expected to monitor child care settings while they are at work.  Any early learning plan needs to build out by fixing child care so that all children are in quality settings, which begins with safety.  Parents want it; children need it.  It’s time to fix child care.

Join us by calling on Congress to fix child care as part of any early learning plan to be considered.

Last week a front page story in the Washington Post shared the tragic death of 3-month-old Camden Lafkin in a Virginia child care program.  The child care provider and Camden’s cause of death are under investigation.  What is known is that the program was unlicensed.  (Virginia does not require an individual to obtain a child care license unless the provider cares for six or more children in the home – seven or more if the individual is caring for her own children since they are exempt from the official count of children in the home).

Arlington County in Virginia has stronger protections for children in child care than the state requires.  Instead of leaving children to chance until 6 or more children are in the home, Arlington County requires all providers who care for 4 or more children to obtain a child care license.  Individuals who wish to care for one to three children in their home must follow county child care standards for licensed programs (a local permitting requirement).  These smaller homes must follow the same rules. If they are found out of compliance, they have 10 days to address any violations or they are assessed penalties and required to close.

This means that in Arlington County, all family child care home providers are subject to background checks, minimum health and safety protections for children, and inspections.

For child care centers, Arlington County requires all centers to be licensed (i.e., no exemptions for centers affiliated with religious organizations—the setting of the children is paramount, not the sponsor of the center).  Arlington County has more professional requirements for child care center directors compared to state requirements. The county also requires more minimum education for child care center teachers than the state requires.  Further promoting quality child care, Arlington County requires a lower child:staff ratio to promote safety and more effective interaction between staff and children compared to the state and limits the size of each group within each classroom. The state of Virginia has no group size restrictions. Click here for a side by side comparison of Arlington County requirements versus the state of Virginia.

For 40 years, Arlington County has been looking out for the safety of children. This week, we learned the county board is recommending the closure of the Arlington County Office of Child Care and repeal of the Arlington County child care regulations, which would save $250,000.  The effect of this would be for child care in Arlington County to revert back to state standards.

Child Care Aware® of America’s state licensing reports grade the state of Virginia as a “D” with regard to child care centers and an “F” with regard to family child care homes.  Newspaper stories have relayed the safety issues leading to child tragedies across the state.

  • Baby Dylan Cummings died in a license-exempt program in Norfolk.
  • Baby Camden Lafkin died in a child care program in rural Shanandoah.
  • Baby Teagan Sample died in a child care program in Bristow.
  • A provider in Manassas was charged with endangering children in an unlicensed program where six infants were cared for by one provider without a license.
  • Several newspaper stories in the past year have detailed sexual abuses against children by other adults living in the home of child care providers.

It is time for state policymakers to protect children in child care.  Overall, child care licensing in Virginia needs to have stronger protections for children.  It is disappointing and troubling that Arlington County would abandon its strong stance for child protection and say that the state law is enough.  The state law is weak at best.  No doubt, difficult decisions need to be made with regard to the county budget. But, shouldn’t the safety of children be a top priority?  What is a child’s life worth?  Leaving children to chance is not worth the gamble. State and county policy should do better for families.

Take Action Today and let the Arlington County Board know child care safety is important!

A front page Washington Post story on Sunday, March 10, “After a baby’s death, a Virginia mother fights for stronger child care standards,” shared the tragic story of 3-month-old Camden Lafkin’s death in a Virginia child care program.  The child care provider and Camden’s cause of death are under investigation.  What is known is that the program was unlicensed.  (Virginia does not require an individual to obtain a child care license unless the provider cares for six or more children in the home – seven or more if the individual is caring for her own children since they are exempt from the official count of children in the home).

Virginia is one of eight states that allow such a large number of unrelated children to be cared for without a license.  No license means:

  • No background check to screen out those with a history of violent criminal offenses
  • No minimum training requirements
  • No minimum health and safety policies
  • No inspections

In the case of baby Camden, her parents looked for child care but their options for licensed care were limited in their rural community.  They received a recommendation from friends. They interviewed the provider and had a background check run.  But, commercial checks are only as good as the records they can access.  Without a fingerprint check against state and federal records, individuals can use an alias to circumvent the system.  Unfortunately, the Lafkins found out the truth behind background checks the hard way. It turns out that baby Camden’s provider had a history of offenses under different aliases and without a fingerprint check, the aliases were unknown to the Camerons.

“We trusted this lady with our child,” said Elly Lafkin, Camden’s mother.  “We didn’t realize that sending your child to an unlicensed, unregistered provider meant throwing her to the wolves.”

The same Washington Post newspaper also shared a story, “In Virginia, church run day care centers are exempt from licensing standards”  about the death of baby Dylan Cummings in Little Eagles Day Care in Norfolk, a center affiliated with Bethel Temple Church of Deliverance, one of over 1,000 license-exempt child care centers in Virginia.

Because Little Eagles was exempt from licensing standards, the providers did not have to comply with state licensing requirements for staff training, staff:child ratios, basic health and safety requirements, or infant safe sleeping practices. On the day that baby Dylan died, 10 infants were packed into a hot, unventilated 12 by 12 foot room that fire marshalls had labeled a utility closet.  The providers did not know about the recommendation by the American Academy of Pediatrics for infants to be placed on their backs to sleep and baby Dylan was placed on his tummy on two foam pads with an ill-fitting sheet where he suffocated.

A few months ago, Judge Charles Poston wrote in a state court decision, “While the court is certainly sympathetic…  the remedy for this situation lies in the sound discretion of the General Assembly, not with the judiciary.”

In the Virginian Pilot, an article that also ran on Sunday, “Day Care Centers Get Money Despite Losing Licenses,” described how $184,000 in taxpayer dollars had been paid to child care centers in Hampton Roads over the past year despite the fact that the licenses for these centers had been revoked. The money paid for the care of low income children.  Because the centers were in the appeals process of license revocation, the state continued to pay them to care for children.

One would think that taxpayer dollars could only be used in programs in good standing.  However, there is no “good standing” requirement in federal or state law and therefore it is left to the state’s discretion as to how they will steward taxpayer dollars.

Background checks and minimum training for child care providers, basic health and safety protections for children in child care, accountable stewardship of taxpayer dollars when paying the child care costs for low income children – it is time for the Virginia State Legislature to review the state’s child care policies to ensure that children are safe in child care.   It’s time for Congress to reauthorize the Child Care and Development Block Grant (CCDBG), the law that allocates funds for child care to the states and sets the framework for state child care laws.  Virginia needs to better protect children.  The federal law should require it.

This week in Washington, President Obama shared his vision for strengthening early learning throughout America.  In the President’s State of the Union address and also in a visit to a preschool program in Decatur, Georgia, the President talked about the importance of early learning settings and the reality that there is a direct relationship between early learning settings and school readiness, school performance, and increasing high school graduation rates.  Ultimately, this leads to stronger families, better paying jobs, and stronger communities.

Early Learning is an Economic Development Strategy.  We can talk about the need to strengthen the economy and the need for a long-term economic development strategy all we want. The current unemployment rate is 7.9 percent.  Unemployment has exceeded 5 percent since 2008 – 5 years of unemployment ranging from 7.8 percent in 2009 to a high of nearly 10 percent in 2010 back to around 8 percent today.  The fact is, while the economy is modestly improving, it’s still not as strong as we need it to be for the long-term growth of this nation.

What can we do to help promote economic growth and prosperity?  The strength of the workforce is directly related to the strength of the economy and the resilience of communities.  We can start with a better economic development strategy from birth.   We can make sure that our future workforce has the foundation they need for success in school and beyond.  Where does that start? Not in the elementary school years.   As every parent knows, early learning starts at birth. It’s time as a nation that we embrace that vision and understand the direct connection between a child’s earliest years, their school success, and the long-term strength of our economy.

The President’s early learning plan announced this week is an economic development strategy for every state.  The President’s plan is outlined in a White House fact sheet posted this week.

High Quality Preschool for Every Child:

  • Cost Sharing for preschool in all 50 states
  • For 4-year-old children at 200 percent  of poverty or below
  • Sliding fee scale for families with higher income at state option
  • Quality benchmarks to ensure accountable investments
    • State level standards for early learning
    • Qualified teachers in every classroom paid on par with public school teachers
    • Comprehensive data and assessment systems
    • Rigorous curriculum with health and related services
    • Small class sizes and low adult child ratios
    • Effective evaluation and review

Fewer than 3 in 10 four-year-olds are enrolled in high quality preschool programs.  For poor children who need it the most, the lack of access to a great preschool education can affect their whole lives.

Only 6 out of 10 kindergarten students have access to full day programs. States can use funding to extend part-day kindergarten to full-day once their goals to reach children below 200 percent of poverty are met.

Quality Early Learning Settings for Our Youngest Children:

  • New Early Head Start – Child Care Partnerships
  • Funds allocated based on competitive grants
  • Expands the supply of quality child care to children from birth through age three

The fact is that too many children today do not have access to quality child care. State laws vary greatly, not just with regard to state preschool initiatives but also with regard to state child care programs and the training and education of the early childhood workforce. The President’s plan will challenge states and communities to do their best for children so that children can do their best when they enter school.

Extending and Expanding Evidence-Based, Voluntary Home Visiting

  • Expanding home visiting models that work
  • Nurses, social workers, and other professionals to work with at-risk families in their homes
  • Connecting families to assistance that affects a child’s health, development and ability to learn.

Home visiting programs have been successful in improving the lives of families with young children leaving long-lasting effects on the social, emotional, physical, and cognitive development of children.

The Roadmap from Here:

We don’t know a lot of details, but we know the framework.  And, it’s exciting!  The path to achieve the President’s agenda will need to be worked out between Congress and the Administration.  Exactly how much detail will be in legislation and how much will be subject to state innovation through applications to the Department of Health and Human Services and the Department of Education we don’t know at this point.

It is time for everyone to start thinking about how we can achieve this early learning vision. We invite you to think about this over the next several weeks and send us your thoughts, comment on this blog. It’s important for us all to be engaged as policy is shaped.  What works in your community to promote quality child care for young children? What ideas do you have?  What do you think are key points to be addressed?  We have a historic opportunity. Let’s not let partisan politics get in the way.  Affordable, quality child care, quality preschool, and ultimately children’s school success should not be partisan issues.  Join us by telling Congress today that it’s time for a comprehensive birth through kindergarten strategy for our children!  Our nation’s economic development depends on it.

To take action, click here to visit our action center!

Last week, for the fifth year, Rep. Jill Schupp (D-Creve Coeur) in Missouri introduced a bill to save children’s lives.   The bill is called “Nathan’s Law,” after a 3-month-old infant in Missouri who died in a child care program.

What’s the issue?  Under Missouri law, a child care license is not required until four children are cared for in the home but some children are exempt from the count – the child care provider’s children, grandchildren, nieces and nephews.  What this means is that there could be far more than four children in the home without a license.

What’s the big deal?  Shelley Blecha, Nathan’s mom, tells a story no parent wants to hear.  She received a call from the provider, “come to the day care right away, your baby’s not breathing.”   She kept thinking, “please let him be ok, please let him be ok.”  But, baby Nathan died.

What happened? A series of problems occurred in the case of the Blecha family:

(1)    On the day that Nathan died, the provider was caring for 10 children (with no license).

(2)    Baby Nathan was put down for a nap in a portable crib – face down where he asphyxiated against the plastic pad in the bottom of the crib.

  • Had Nathan been in licensed care, the provider would have been required to put infants to sleep on their back, which studies show reduce the risk of suffocation.
  • Had the provider been licensed, she might have had some minimum training to look to ensure that the crib sheet fit snugly over the crib pad (to safeguard against suffocation).

(3)    On the day that Nathan died, his 3-year-old brother and 8 other young children watched the crisis as paramedics rushed around the scene – the trauma unfolding before the eyes of terrified children.

A 2011 Post-Dispatch investigation found that 41 children, mostly infants, have died in unlicensed care over the last couple of years in Missouri.

A St. Louis today article from last week quotes the Missouri Family Network as saying that families have a right to care for their own children and their relatives in their own way.  We agree. But, when a child care provider takes children who are unrelated into her home,  the care of that child depends on the child care provider’s ability to care for all children (not just the unrelated ones).

The fact of the matter is that no child is invisible.  All children count even if the state looks the other way and doesn’t require some children to be counted.   If there were an emergency – maybe a fire that requires evacuation – all children need to be safely evacuated – even the invisible ones.  But, how many children, particularly infants and young toddlers, can be cared for safely by one person?  How many can be evacuated safely in times of emergency by one adult?  How many can be safely supervised to guard against potentially tragic accidents?

Most child care providers love children and they want to care for them, help them grow, and watch them develop. They want children to be safe. They want to provide a nurturing environment.  As with all of us, people don’t know what they don’t know. The more children in care, the greater the likelihood that the unthinkable might happen.

What’s the purpose of licensing? For most states, it’s an opportunity for child care providers to learn about the latest in child safety (the “Back to Sleep” campaign recommended by the American Academy of Pediatrics is just one example).  It’s an opportunity for some training in CPR and in some states – activities to promote child development.  Child care providers often become “like a member of the family.”  They want what’s best for children and think of them like their own.  But, again, people may mean well, but don’t know what they don’t know.

It’s time for Missouri to put the needs of children first.

  • How many children can be safely cared for by one provider?  (Taking into consideration that emergencies could happen);
  • Impose stiff fines against illegal providers (those caring for more than the legal limit without a license).  The fine has to be high enough to act as a deterrent to risking the life of a child.

The fact that Rep. Schupp’s bill has died four times speaks to the controversy surrounding the issue. It’s time for a national conversation that puts the safety and well-being of children first. This is not about “provider rights.”  This is about the rights of children, including infants, to be safe in child care.

Children should not be left to chance. It’s time for Missouri to pass Nathan’s Law.  How many children does your state allow to be cared for by one adult before a license is required?  Is there an overall cap on the number of children that can be cared for – whether related or not?  It’s time to ask. And, it’s time to act.  Children’s lives depend on it.

Click here to see a video of Shelley Blecha telling her story.

Child Care Aware® of America’s Affordable, Quality Child Care Campaign

We’re building a nationwide movement, a campaign to expand access to affordable, quality child care.  Every week, nearly 11 million children are in some type of child care setting – on average for about 35 hours.  Our studies show that the quality of child care varies greatly, not just between states but also within states – among different types of child care settings.  Children should be safe while their parents work.  Child care should offer an environment that promotes the healthy development of children.  Policymakers at the state and federal levels call for all children to start school ready to learn. They call for reducing the achievement gap among low income and other children as well as between children of different races. They call for strategies to better meet the challenges faced by children with special needs.  Most also call for increasing the high school graduation rate.

All of these goals have merit.  But, to reach them, we simply can’t ignore a child’s earliest years and the settings young children are in.  There is no magic wand to reduce the achievement gap and increase high school graduation rates.  However, we can strengthen child care settings to ensure that more children start school ready to succeed.

The cost of child care is unaffordable for most families.  If we are going to strengthen the quality of care, we need to design a better system to finance child care in this country.

Below are the top 10 reasons to join our movement.  Any one of them alone is enough to unite. But, together, they paint a picture policymakers can no longer ignore.  Join us and together we can make a difference!

Top 10 List

1)      The annual cost of center-based infant care exceeds the cost of college in 36 states.

2)      Eight states license or regulate child care without first conducting an on-site inspection.

3)      Only 13 states require comprehensive background checks on staff hired to work in a child care center.  A comprehensive background check includes a fingerprint check against state and federal records, a check of the child abuse registry and a check of the sex offender registry.

4)      Only 11 states require a comprehensive background check on family child care home providers before granting a license.

5)      Only 33 states meet all 10 health and safety standards in child care centers recommended by pediatric experts. Only 15 states meet them for family child care homes.

6)      Fewer than half the states require child care providers to have training in early childhood development.  In fact, training requirements vary greatly among the states and most states have weak minimum training and education requirements for child care providers.

7)      Many states do not require child care providers to have a written emergency plan – either to evacuate when necessary or shelter-in-place (or “lock-down”) in emergencies.

8)      Many states do not conduct routine inspections of child care programs. In fact, California inspects child care centers only once every 5 years. Montana and Iowa inspect family child care homes only once every 5 years; Pennsylvania once every 6 years.  Michigan only inspects family child care homes once every 10 years!

9)      Only one out of every six children eligible for a child care subsidy receives assistance. And, nearly one-fifth of those children (about 322,000) are in unlicensed care (which has no training required and no minimum health and safety protections for children).

10)   Eight states do not license small family child care homes (i.e, providers do not need a license until more than six children are cared for in the home).  In South Dakota, 12 children can be cared for in a home before a license is required with the 13th child.

It’s time for Members of Congress and State lawmakers to hear your voice. Join with us!  If you  have not yet signed up for Child Care Aware® Parent Network to receive our newsletters and connect with others in your state who want to make a difference, sign up today!

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