E-mail sent to OCFS executives:

Hello,

As promised in our reform request e-mail sent on Thursday 11/30, we have gathered real-life experiences from providers of every modality across the entire state demonstrating the oppression and injustices of the current regulatory and enforcement process and intend to share them with you daily until our requests are satisfied.

During an unannounced inspection, a licensor was observing diaper changing practices in an infant room.  A child was attending daycare for the first time that day and was receiving the very first diaper change by the program’s teaching staff.  The licensor observed a dark mark on the child’s body and insisted the teachers contact CPS immediately and reminded the teachers and administration that they were obligated as mandated reporters to report suspected abuse or maltreatment.  Being the child’s first diaper change and first day in the program, the program staff argued they did not know the child or family yet to make an informed report and suggested they contact the family for explanation.  The licensor threatened the program with a violation for failing to fulfill their responsibilities as mandated reporters forcing the provider to make a CPS report.  The family later notified the provider that the mark was a birthmark and was now unnecessarily under investigation by CPS.

-Center-based Childcare Provider in Western New York

Your urgent consideration and action is requested as a systemic reform is long overdue and there are elements of the current regulatory/enforcement process that infringe on our constitutional protections. We eagerly await your response.

NYS Childcare Providers