On June 10th 2020, my 2 year old came home from daycare with handprint bruises on both of his arms, like he was grabbed very hard. The owner found the video footage of the staff member who grabbed my child by his arms, while he was crying in the classroom.  CPS was contacted, an investigation was completed, and she was found to be indicated for the allegations. She then appealed the decision in November of 2020 with an administrative review and CPS indicated her again. She then requested a fair hearing in Feb of 2021 and due to the fact that the CPS social worker that initially completed the investigation was not notified (statement from CPS) and therefore the evidence was not reviewed by the judge, the decision was overturned and the allegations are now unfounded. This individual has returned to work at this daycare. The owner has condoned this behavior, as she is dating her son and lives with her.

My child was nonverbal during his time at this daycare and was receiving Early Intervention services until they were pulled out due to the pandemic. In the report from CPS, this individual admitted to grabbing my child, and gave the reasoning that he was “attention seeking, aggressive, and disruptive to other children. “ My child was 2 and non-verbal. My child was crying because she failed to give him water in his assigned cup, after they came in from the playground in the middle of summer. My child was not harming himself or others, and provided no reason to grab him. My child was hurt, scared, and left with bruises from being grabbed so hard.

My child is thankfully alive after this incident, thriving in his new daycare, and started talking after we moved him out of this environment. My child’s behavior changed after his move.

My child is ALIVE after this incident, however, too many children do not survive after incidents and abuse from daycare providers. If they do survive, they may deal with symptoms of trauma following incidents like this or worse.

I have struggled to understand how this incident could fall through the cracks of the CPS, OCFS, and the justice system, and wonder how many other cases fall through the cracks like this. How many times have individuals who are indicated for abuse/neglect of a child let back into the child care or education system due to a technicality? How are the systems that are there to protect children so obviously broken? Why wasn’t there anyone there to defend my child? How did this individual have more obvious protection then my child, who is the victim? How was this a fair hearing if all evidence was not provided ? Why wasn’t I notified of this hearing or decision, and why don’t I have the opportunity to appeal it, as she did. I’ve been told that it is because she was the accused, however, doesn’t the victim get a say?  It makes one wonder if there was bias in this decision? I had been informed last year that the OCFS licensor for this daycare was friends with the owner of the daycare on social media. How is this not a conflict of interest and bias in this case? Was my case, and potentially, so many other cases tainted due to the fact that people in these oversight agencies are possibly  friends with the accused?  If there is going to be such bias or conflict of interest, the individual should have better morals and values to turn the case over to someone else.

The system is broken and it is deeply disturbing this most likely happens all of the time and victims wouldn’t even know that they didn’t actually get the justice that they thought they had, and other parents have no clue that their child’s teacher was indicated for abuse, however, is no longer indicated, because of a technicality and deep flaw in the system.  Injustice was served for the victim in this case and more children are and will become victims, due to agencies like OCFS, CPS and the justice system that are supposed to uphold the law and protect our children, however, fail us as parents who are ultimately responsible for the health and well-being of our children.

This is no longer about my child because fortunately, and because of our family’s ability to come together and fix this quickly, he is doing well, and unfortunately I have hit walls in getting this decision overturned. This is now about the other children that are now exposed to someone that does not or would not care for a child appropriately, it’s for the children that may be at risk now because the CPS, OCFS, and justice system failed to do the one job that they have been entrusted to do, protect our children. I don’t believe this is the first time this has happened and this is terrifying.

Please help me create awareness of this flaw, and advocate for a change in the way these cases are managed.

A fair hearing should not only include the accused. The victim’s family should be permitted to have knowledge of the hearing, as well as be able to defend their child. There should not be a decision made if evidence is not presented. We are talking about child abuse, and these decisions should not be made lightly, and it should be ensured that there is no bias in the decision.