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The Learning Academy in McAllen — which has been in trouble for dirt on bathroom walls, broken toilet bowls, expired milk and staff members using cellphones while watching children — has had a total of 122 violations in three years and is still operating. since November.
Daycare Requirements In Texas
So did Little Feet & Learning daycare in Laredo, which had 158 violations and had problems strapping children into seats, failing to conduct background checks and abandoning children.
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Stepping Stones Learning Center in Sherman, which had 181 violations, was cited for an unlocked electrical outlet, refusing to give children water at snack time, fleas in the bathroom and out-of-control children. And he remains open.
Children take a nap at Primrose School at Vista Ridge in Cedar Park. Owner Kasey Redus said that, unlike some daycares that hide incidents, she voluntarily reports each violation, in part, to record it in case of future questions. | American statesman Jay Janner
The average Texas child welfare organization has nine citations. However, child care facilities with an extraordinary number of violations remain open, often without significant consequences. Although bad actors are usually subject to additional surveillance and state surveillance, they are often allowed to continue operating for years before being imprisoned—if at all.
The high number of violations for licensed child care facilities raises questions about the quality of state oversight. And the incidents of injury and death that follow violations show that, at least in some cases, the state's enforcement strategy isn't working.
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As of November 7, there were 16 day care operations with at least 100 violations and 222 with at least 50 over a three-year period. Many of them are under some kind of state enforcement, meaning they are being scrutinized and forced to change, but they are still open.
The average fine for a daycare violation is $112, and the state does not financially penalize daycare workers for some of the most serious violations. For example, of more than 800 offenses for punishment prohibited in 2016 and 2017 by adults against children - slapping, pinching, pushing, hitting, etc. - no result in fines.
One-third of daycare deaths that occurred between 2007 and 2017 occurred in the least-supervised legal daycares, which care for only a fraction of the country's daycare population.
The findings were part of a year-long investigation by the US-Statesman into this and other issues in Texas child care facilities. The newspaper read thousands of documents, examined dozens of daycare safety records, analyzed existing data and built its own database to look for patterns and trends. What the Statesman found was dangerous conditions in many Texas day care facilities, leaving hundreds of children in need of medical care and nearly 90 children dying as a result of abuse or neglect since 2007. In this series, the newspaper explores issues such as day care, sexual abuse, death , injuries, illegal operations and government surveillance. The paper also presents potential solutions to some of these problems.
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Officials with the Texas Health and Human Services Commission, which oversees child care facilities, said the enforcement action is aimed at giving operations a chance to correct their mistakes before overcommitting and closing daycare centers in the state with large child care waiting lists.
But the example uncovered by the Statesman shows that, at least in some cases, the country's enforcement strategy, which provides a second, third and fourth chance for child care operations, has failed to change the dangerous behavior of caregivers before death or injury.
Between 2012 and 2017, 21 children died from abuse or neglect in legal daycare centers. Of these, some receive many violations that reflect that ultimately lead to the death of children.
In March 2016, 2-month-old Sebastian Bingley D died of suffocation at a Missouri City orphanage after falling asleep on a couch. His caregiver, Thelma Coleman, has previously been cited twice for unsafe practices, including not putting babies to sleep on their backs and putting them to bed with blankets.
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Each time, the state told Coleman about the mistake. Violations continued on his record, but Coleman was allowed to continue working.
In 2014, a 7-month-old baby suffocated after being swaddled, placed on her side and left unattended at All In The Family Child Care Services D in Oak Cliff, according to state records. The operation was cited three more times for failing to properly supervise children.
In 2013, a child died at Marcela's Day Care D in El Paso after a substitute caregiver put the baby to sleep in a crib with an extra mattress and bedding, according to state records. The daycare operation has previously received nine complaints about problems with replacement carers.
"We're always looking for patterns and recurring problems," said Carrie Williams, spokeswoman for the Texas Health and Human Services Commission, which oversees child care.
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Kasey Redus, owner of Primrose School at Vista Ridge in Cedar Park, waves to the children in his preschool. | American statesman Jay Janner
But before taking action, the state looks at how the operation has responded, how often it has been cited for similar violations and whether there are systemic problems that need to be addressed, he said. Sometimes states levy fines against child care services or increase the number of child care license inspections. Sometimes work with child care facilities on action plans for improvement.
"Our focus is the safety of the children in our care and we work quickly to correct any issues we see to keep children as safe as possible," Williams said.
The Statesman's review of state data also showed that some of the child injuries came after a series of red flags that appeared to signal trouble to come, raising questions about whether state regulators are doing enough to prevent harm to Texas children.
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But Kasey Redus, owner of Primrose School at Vista Ridge in Cedar Park, says what may look like a pattern is sometimes more complicated. The children's center — a large brick building located behind the mall — had been cited four times for failing to supervise children before a 5-year-old boy fell from a table and broke his arm in 2017, state records show.
Redus said that, unlike some daycares that hide incidents, he voluntarily reports each violation, in part, so that everything is recorded in case of future questions.
"We don't want it to be a mystery," she said. "It's documented and it's there for the whole world to see."
But Redus added that there is often more to this situation than state records. In the case of a child with a broken arm, the staff took care of him, she said. The caregiver told him to get off the table, and he fell and injured his hand. However, the children's center was cited for failing to supervise him.
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Even if you see someone fall, you can't put on a cloak and fly in and catch them, Redus said. "You can't get there fast enough."
He also wants the state's online records to be clearer about events because, for people who don't know what happened, the sometimes vague narrative leaves room for interpretation.
The worst penalty in Texas is the closure of a child care facility, but that rarely happens. In 2017, the state revoked the license of 24 kindergartens across the country. Twenty-seven other centers were put on probation.
Beth Person, left, a licensing inspector for Texas Health and Human Services, talks with teachers Jerical Westbrook and Ashley Lowden, right, during an inspection at Marimont Montessori Preschool in Pflugerville. | American statesman Jay Janner
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For sure, closing the daycare center will exacerbate the existing childcare shortage. Many day care centers have waiting lists of several months.
So the state is beginning to focus more on providing daycares with more detailed technical assistance on how to comply with state regulations, Williams said. The online library provides information on a variety of topics such as background checks, nutrition, child safety, and emergency planning.
The agency has also put more emphasis on allowing child care facilities to complete voluntary action plans so they can make changes without going through the lengthy red tape associated with the criminal justice system. According to the plan, state inspectors act as mentors of sorts, guiding childcare workers through the necessary changes. Sometimes caregivers need to receive additional training.
"We generally see an increase in compliance over the years as providers become better equipped to meet or exceed standards, which may also play a role in reducing the number of enforcement actions," spokeswoman Kelli Weldon said. The agency could not provide this evidence and said its conclusions were based on anecdotal evidence.
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