Shut Down Abusive Day Care Centers.

Shut Down Abusive Day Care Centers.

The Issue

Overview

Each and every day, millions of parents entrust our most precious and prized possessions – our children – in the hands of day care centers and their owners and staff. While our children are left in these in centers and schools, the ultimate responsibility for their care and welfare lies with those who choose to take care of and watch our children. These day care centers must ensure that our children are safe and enforce a code of conduct that is beyond reproach.

By and through this petition, we demand that all state agencies charged with the responsibility of protecting our children and regulating childcare operations fulfill their responsibilities and obligations to protect the health, safety and well-being of children in care. State agencies must monitor childcare centers for compliance and immediately enforce state licensing standards, rules, and laws when violations occur. This responsibility includes performing timely and complete complaint investigations alleging violations of minimum standards and reports of abuse; interviewing and obtaining statements from all concerned parents; and taking immediate disciplinary action against offending persons and day care centers.

In particular, we demand that that the Texas Department of Family and Protective Services – Child Care Licensing Division fully investigate all reports of abuse made by Hannah Tidwell and Kristi and Brad Galbraith (and potentially others) against Heart2Heart Montessori Academy and its owner Pamela Decker stemming from reports that were made to the licensing agency on June 17 and 18, 2014. 

Brief Facts

On June 17, 2014, a courageous day care worker, Hannah Tidwell, reported incidents of child abuse to the child care authorities in Ft Worth, Texas and a number of parents, including, Kristi and Brad Galbraith. Specifically, Ms. Tidwell reported that the Galbraiths son, and another little boy, had been forcefully secured to his nap mat by duct tape over his blanket by one of Heart2Heart Montessori Academy’s owners, Pamela Decker, when the child refused to take his nap. Ms. Tidwell corroborated her story with three photographs she snapped of one of the boy’s taped to his mat.

In her reports, Ms. Tidwell stated that when some of the day care center’s employees witnessed Decker’s behavior, Decker asked everyone not to talk about what she was doing because she knew it was very illegal.  Remarkably, even after Decker repeated herself multiple times about the illegality of her actions, she restrained yet another boy in the same manner.  According to Ms. Tidwell’s reports, Decker further acknowledged that this was not the first time she had ever resorted to this method (i.e., duct taping a child down to his mat during nap time) of discipline. 

Ms. Tidwell also reported that this was not the only abusive behavior she witnessed during her short time at Heart2Heart.  Ms. Tidwell also reported that Heart2Heart withheld water from the children, limiting them to maybe two water breaks per day, so the staff did not need to change as many diapers and further stated that there was at least one instance of one child being shut in a room alone (without supervision) for an extended period of time.  Moreover, Ms. Tidwell also reported that she witnessed another teacher take the hand of one of the restrained boys and began to smack it to against his head saying, “Why are you hitting yourself?”

State Inaction

Shockingly, more than sixty days (60) later, as of August 28, 2014, the Texas Department of Family and Protective Services – Child Care Licensing Division has not issued any disciplinary action against Willow Parks’ Heart2Heart Montessori Academy, Pamela Decker, or any of its owners or staff. This day care center is still taking care of children without any recourse for its egregious actions.

Even more surprisingly, the Texas Department of Family and Protective Services – Child Care Licensing Division has failed to take formal statements from or interview Kristi or Brad Galbraith, the parents of one of the boys who was duct taped, despite assurances that the state agency would follow up with them in a more formal and complete manner and interview their child. In addition, many parents, who also pulled their children from Heart2Heart immediately upon hearing what transpired on June 17, 2014, do not feel as if they have been provided the opportunity to completely and fully share their observations of the school and/or their children’s behavior patterns, or that the state has taken these allegations seriously and/or acted in a timely and/or appropriate manner.

What the State Should Know

At this time, it is unknown what, if any of the following, information the Texas Department of Family and Protective Services – Child Care Licensing Division uncovered or learned from parents during its investigation.  At a minimum, parents would have shared the following information in response to a fully vetted state investigation:

·       The Galbraiths would have shared that for several weeks and up to a month or more prior to learning of this incident, on occasion, and completely out of his character and normal behavior patterns, their son became very upset and suddenly stopped wanting to go into his classroom when he was dropped off at school. In addition, Kristi and Brad further noted that their son would scream as if he was in pain when his diaper was being changed, taking multiple people, at times, to calm him down and would purposefully strike his head with his own fists during diaper changes.  Moreover, their son would cry incessantly before nap or bed time, and without any provocation, plead with his parents “not to hurt him” and demand that his parents keep water or juice next to his bed at all times. Also, Kristi Galbraith noticed that would “guzzle” a large drink as soon as he was picked up from school.

·       One parent would have shared that his daughter “is overly thirsty when [he] picks her up at school. It is not unusual for her to finish an 8oz bottle of apple juice within minutes of leaving the school.”

·       Another parent would have shared that she noticed behavioral changes in her child several weeks prior to the duct taping incident. Specifically, this parent would have advised the state agency that her son was not happy going to school and would be uncharacteristically upset when being dropped off at school and that she also believed the truth of the water restriction allegation. This parent would have told investigators, “Every single parent I have talked to today has had the same exact complaint about their children being extremely thirsty when they are picked up from school, and need to have a drink as soon as they get in the car.”

·       This same parent would have also reported her concerns about the manner in which her son was being potty trained at the day care center. She witnessed on one occasion that her son was “the only one in a diaper in the class room, since he had an accident” and would have told the licensing authorities that when she discussed this with the school’s owner, the owner responded “… he just loves being naked … and that he does not seem to mind it one bit.” Since then, this parent has since learned that this was a form of punishment and discipline for the child having an accident and allowed other kids to make fun of him.

·       Another parent would have reported that after they learned of the duct taping incident, his wife and he “started doing tests with [their daughter] to see how she behaved if we spoke specifically about Ms. Decker.” This parent would have reported that “[h]er behavior was immediately changed from light hearted to serious. She even said, ‘Mrs. Decker hit.’” When asked where, the child “pointed to her head and shoulders.” This made these particular parents suspicious of the allegations that children would be smacked on the head while their diapers were changed at the school. This parent again would have also confirmed again that their daughter was overly thirsty when he pick her up from the center.

·       Another parent would have reported that her son had been potty trained since “Spring Break” and that on his last day at Heart2Heart on June 6, when he was picked up around noon, he had not had a bowel movement and had urination accidents all weekend. This parent would have told the investigators that her child finally “pooped” on Sunday and attributed these incidents to lack of water at the school.

·       Yet another parent would have stated that she had similar incidents with her child not having a bowel movement for 2 to 3 days and needing to offer her child water constantly. This parent was furious as to how much pain her child experienced as a result of her child being denied water.

·       Still another parent would have reported that she had to begin picking her child up early in May because she found out that the children “were playing outside or watching movies and came home with ant bites all over her legs and so thirsty. Again they were not getting water. …”

·       If the state had spoken to all of these parents, they would have learned that within a week of pulling their children from Heart2Heart, all of these parents started noticing huge differences in their children’s attitudes and behaviors. One parent reported that her child “has settled into his happy, easy going, polite self again. He would have SUCH bad meltdowns when we would get home…” Another parent stated that her child “…is much more happy not going to H2H…she is back to [herself] again. She was a very different child at H2H, it in a way ‘sucked’ the life out of her…”

Affect Positive Change

State licensing regulators are in a unique position to affect positive change and to send a loud and clear message that abuse at the hand of day care operators, owners and staff, like Willow Park’s Heart2Heart Montessori Academy, will not be tolerated or condoned. 

Because day care center abuse is extremely difficult to identify since children often lack the necessary vocabulary and understanding to articulate problems or concerns, now is the time to send a strong, undeniable mandate to the Texas Department of Family and Protective Services – Child Care Licensing Division that when reports of abuse are made that you expect–you demand –a vigilant and proactive investigation of all abuse allegations.

Send a message that you believe, as of August 28, 2014, the Texas Department of Family and Protective Services – Child Care Licensing Division may have shirked its responsibilities by failing to timely perform a complete investigation of the June 17 and 18, 2014 reports of child abuse concerning Willow Park’s Heart2Heart Montessori Academy and Pamela Decker and further failed to issue appropriate disciplinary sanctions.

Sign this petition today, stand in unanimity and demand that the State of Texas Department of Family and Protective Services – Child Care Licensing Division take appropriate disciplinary action against Willow Park’s Heart2Heart Montessori Academy and its owners.

When sharing this petition with your friends and contacts, please use #stopdaycareabuse.

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Rasansky Law FirmPetition Starter
This petition had 490 supporters

The Issue

Overview

Each and every day, millions of parents entrust our most precious and prized possessions – our children – in the hands of day care centers and their owners and staff. While our children are left in these in centers and schools, the ultimate responsibility for their care and welfare lies with those who choose to take care of and watch our children. These day care centers must ensure that our children are safe and enforce a code of conduct that is beyond reproach.

By and through this petition, we demand that all state agencies charged with the responsibility of protecting our children and regulating childcare operations fulfill their responsibilities and obligations to protect the health, safety and well-being of children in care. State agencies must monitor childcare centers for compliance and immediately enforce state licensing standards, rules, and laws when violations occur. This responsibility includes performing timely and complete complaint investigations alleging violations of minimum standards and reports of abuse; interviewing and obtaining statements from all concerned parents; and taking immediate disciplinary action against offending persons and day care centers.

In particular, we demand that that the Texas Department of Family and Protective Services – Child Care Licensing Division fully investigate all reports of abuse made by Hannah Tidwell and Kristi and Brad Galbraith (and potentially others) against Heart2Heart Montessori Academy and its owner Pamela Decker stemming from reports that were made to the licensing agency on June 17 and 18, 2014. 

Brief Facts

On June 17, 2014, a courageous day care worker, Hannah Tidwell, reported incidents of child abuse to the child care authorities in Ft Worth, Texas and a number of parents, including, Kristi and Brad Galbraith. Specifically, Ms. Tidwell reported that the Galbraiths son, and another little boy, had been forcefully secured to his nap mat by duct tape over his blanket by one of Heart2Heart Montessori Academy’s owners, Pamela Decker, when the child refused to take his nap. Ms. Tidwell corroborated her story with three photographs she snapped of one of the boy’s taped to his mat.

In her reports, Ms. Tidwell stated that when some of the day care center’s employees witnessed Decker’s behavior, Decker asked everyone not to talk about what she was doing because she knew it was very illegal.  Remarkably, even after Decker repeated herself multiple times about the illegality of her actions, she restrained yet another boy in the same manner.  According to Ms. Tidwell’s reports, Decker further acknowledged that this was not the first time she had ever resorted to this method (i.e., duct taping a child down to his mat during nap time) of discipline. 

Ms. Tidwell also reported that this was not the only abusive behavior she witnessed during her short time at Heart2Heart.  Ms. Tidwell also reported that Heart2Heart withheld water from the children, limiting them to maybe two water breaks per day, so the staff did not need to change as many diapers and further stated that there was at least one instance of one child being shut in a room alone (without supervision) for an extended period of time.  Moreover, Ms. Tidwell also reported that she witnessed another teacher take the hand of one of the restrained boys and began to smack it to against his head saying, “Why are you hitting yourself?”

State Inaction

Shockingly, more than sixty days (60) later, as of August 28, 2014, the Texas Department of Family and Protective Services – Child Care Licensing Division has not issued any disciplinary action against Willow Parks’ Heart2Heart Montessori Academy, Pamela Decker, or any of its owners or staff. This day care center is still taking care of children without any recourse for its egregious actions.

Even more surprisingly, the Texas Department of Family and Protective Services – Child Care Licensing Division has failed to take formal statements from or interview Kristi or Brad Galbraith, the parents of one of the boys who was duct taped, despite assurances that the state agency would follow up with them in a more formal and complete manner and interview their child. In addition, many parents, who also pulled their children from Heart2Heart immediately upon hearing what transpired on June 17, 2014, do not feel as if they have been provided the opportunity to completely and fully share their observations of the school and/or their children’s behavior patterns, or that the state has taken these allegations seriously and/or acted in a timely and/or appropriate manner.

What the State Should Know

At this time, it is unknown what, if any of the following, information the Texas Department of Family and Protective Services – Child Care Licensing Division uncovered or learned from parents during its investigation.  At a minimum, parents would have shared the following information in response to a fully vetted state investigation:

·       The Galbraiths would have shared that for several weeks and up to a month or more prior to learning of this incident, on occasion, and completely out of his character and normal behavior patterns, their son became very upset and suddenly stopped wanting to go into his classroom when he was dropped off at school. In addition, Kristi and Brad further noted that their son would scream as if he was in pain when his diaper was being changed, taking multiple people, at times, to calm him down and would purposefully strike his head with his own fists during diaper changes.  Moreover, their son would cry incessantly before nap or bed time, and without any provocation, plead with his parents “not to hurt him” and demand that his parents keep water or juice next to his bed at all times. Also, Kristi Galbraith noticed that would “guzzle” a large drink as soon as he was picked up from school.

·       One parent would have shared that his daughter “is overly thirsty when [he] picks her up at school. It is not unusual for her to finish an 8oz bottle of apple juice within minutes of leaving the school.”

·       Another parent would have shared that she noticed behavioral changes in her child several weeks prior to the duct taping incident. Specifically, this parent would have advised the state agency that her son was not happy going to school and would be uncharacteristically upset when being dropped off at school and that she also believed the truth of the water restriction allegation. This parent would have told investigators, “Every single parent I have talked to today has had the same exact complaint about their children being extremely thirsty when they are picked up from school, and need to have a drink as soon as they get in the car.”

·       This same parent would have also reported her concerns about the manner in which her son was being potty trained at the day care center. She witnessed on one occasion that her son was “the only one in a diaper in the class room, since he had an accident” and would have told the licensing authorities that when she discussed this with the school’s owner, the owner responded “… he just loves being naked … and that he does not seem to mind it one bit.” Since then, this parent has since learned that this was a form of punishment and discipline for the child having an accident and allowed other kids to make fun of him.

·       Another parent would have reported that after they learned of the duct taping incident, his wife and he “started doing tests with [their daughter] to see how she behaved if we spoke specifically about Ms. Decker.” This parent would have reported that “[h]er behavior was immediately changed from light hearted to serious. She even said, ‘Mrs. Decker hit.’” When asked where, the child “pointed to her head and shoulders.” This made these particular parents suspicious of the allegations that children would be smacked on the head while their diapers were changed at the school. This parent again would have also confirmed again that their daughter was overly thirsty when he pick her up from the center.

·       Another parent would have reported that her son had been potty trained since “Spring Break” and that on his last day at Heart2Heart on June 6, when he was picked up around noon, he had not had a bowel movement and had urination accidents all weekend. This parent would have told the investigators that her child finally “pooped” on Sunday and attributed these incidents to lack of water at the school.

·       Yet another parent would have stated that she had similar incidents with her child not having a bowel movement for 2 to 3 days and needing to offer her child water constantly. This parent was furious as to how much pain her child experienced as a result of her child being denied water.

·       Still another parent would have reported that she had to begin picking her child up early in May because she found out that the children “were playing outside or watching movies and came home with ant bites all over her legs and so thirsty. Again they were not getting water. …”

·       If the state had spoken to all of these parents, they would have learned that within a week of pulling their children from Heart2Heart, all of these parents started noticing huge differences in their children’s attitudes and behaviors. One parent reported that her child “has settled into his happy, easy going, polite self again. He would have SUCH bad meltdowns when we would get home…” Another parent stated that her child “…is much more happy not going to H2H…she is back to [herself] again. She was a very different child at H2H, it in a way ‘sucked’ the life out of her…”

Affect Positive Change

State licensing regulators are in a unique position to affect positive change and to send a loud and clear message that abuse at the hand of day care operators, owners and staff, like Willow Park’s Heart2Heart Montessori Academy, will not be tolerated or condoned. 

Because day care center abuse is extremely difficult to identify since children often lack the necessary vocabulary and understanding to articulate problems or concerns, now is the time to send a strong, undeniable mandate to the Texas Department of Family and Protective Services – Child Care Licensing Division that when reports of abuse are made that you expect–you demand –a vigilant and proactive investigation of all abuse allegations.

Send a message that you believe, as of August 28, 2014, the Texas Department of Family and Protective Services – Child Care Licensing Division may have shirked its responsibilities by failing to timely perform a complete investigation of the June 17 and 18, 2014 reports of child abuse concerning Willow Park’s Heart2Heart Montessori Academy and Pamela Decker and further failed to issue appropriate disciplinary sanctions.

Sign this petition today, stand in unanimity and demand that the State of Texas Department of Family and Protective Services – Child Care Licensing Division take appropriate disciplinary action against Willow Park’s Heart2Heart Montessori Academy and its owners.

When sharing this petition with your friends and contacts, please use #stopdaycareabuse.

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Rasansky Law FirmPetition Starter

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Texas Department of Family and Protective Services - Child Care Licensing Division
Texas Department of Family and Protective Services - Child Care Licensing Division

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Petition created on August 28, 2014