RESTRICT ACCESS FOR DANGEROUS CONVICTED FELONS TO WA STATE LICENSED CHILDCARE EMPLOYMENT

RESTRICT ACCESS FOR DANGEROUS CONVICTED FELONS TO WA STATE LICENSED CHILDCARE EMPLOYMENT

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Stu Jacobon started this petition to Washington State Governor and

Photo: Shayna Roberts and her son David who died at the hands of a convicted felon while in Washington State Licensed childcare.

Parents and guardians deserve to be informed about who is caring for our children.

We want all our children to come home safely and alive from our licensed child care programs.

The public must trust the state rules and regulations shall support BEST PRACTICES for our most vulnerable children’s populations.

The “Secretary’s List”  (List below) and other Washington State agency lists allows convicted felons with 5 years of good behavior since their conviction to seek employment in child care, WITHOUT NOTICE to parents or licensed providers.

THIS PETITION REQUESTS:

  1.  WASHINGTON STATE TO EXCLUDE DANGEROUS CONVICTED FELONS FROM WORKING IN LICENSED CHILD CARE:   The “Secretary’s List” allows 35 categories of Convicted Felons to work with Children in Licensed Child Care 5 years after their Conviction. K-12 has a less dangerous list of felonies than pre-K and instead of 5 years, K-12 allows those Convicted Felons to be considered for employment with children after 10 years of their conviction. The “Secretary’s List” needs to remove the dangerous unfit convictions and raise the disqualifying timespan. (list is below).

    Governor and policymakers, our childcare children deserve transparent best practices.   The State oversight agency’s legal rationale is the Feds allow 5 years with no access to childcare employment from day of conviction.   We demand our State cease writing safety rules that are minimum licensing requirements of Feds.  The “Secretary’s List” and other Convicted Felon lists considered for expansion of available employment begs the question, is the State responsive to owner/ provider’s special interest or our vulnerable children?

  2. BACKGROUND CHECK TRANSPARANCY: We request that in Washington State, COMPLETE Criminal Background checks of Convicted Felons be provided to Child Care providers as this forgivable employment list aggravates safety and legal liability exposure. Their employees’ dangerous convicted felons must be disclosed to parents considering licensed child care. This transparency is to enable every parent to make a fully informed decision regarding the well-being of their child(ren).

  3.  WASHINGTON STATE LICENSED CHILD CARE PROVIDERS AND THEIR EMPLOYEES SHALL BE REQUIRED TO DISCLOSE THEIR FULL LEGAL NAME TO PARENTS.   Child Care Providers and their employees shall NOT be allowed to use “any” name or nicknames aside from their Full Legal name without full disclosure of their Full Legal name to the parents, because that would shield both the provider of the Child Care facility and the parents from adverse criminal information. The person's full legal name must be prominently included along with notification if a person is using a nickname or alias. This full disclosure should also be included in any "welcome” folders given to parents so that there are two ways a parent would have access to the legal name.

For the record, Washington Parents is concerned about cited instances of former convicted felons  providing a wrong social security number to avoid disqualifying history.

If the child is the client, why not provide a Consumer Quality Checklist for parents of enrolled children citing the top ten safety and health rules so we can be an informed advocate for our children?

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For 20 years, WA Parents For Safe Child Care submitted to the State case history of criminal background checks taking 4-6 months while unapproved employees worked with our children. So now, the State Childcare leadership believes this vulnerable exposure to harm’s way will be remedied by adopting to the Feds lowest five year disqualification of good behavior background check requirement?

Who is Washington State’s client, the children or the child care providers’/owners’ labor union?

We believe the clinical, technical measure for safety and health rules should be defined by clinical safety and health experts NOT labor union bias whose historical lobbying reflects that their primary client is not our children.

David Roberts death was caused by a convicted felon working in a Washington State licensed childcare facility.  David Roberts parents were not aware that the convicted felon was allowed to work in the licensed childcare facility.

To add heartfelt prospective of humanity, the following words are memorialized by David Roberts’ mom, Shayna:

  • “My beautiful two and a half year old little boy, David Roberts, died at Harborview Medical Center in Seattle, Washington on January 20, 2013.  David held on to life for two days after suffering from catastrophic abusive head trauma that was inflicted while he was in the care of his two Washington State and military licensed childcare providers (a husband and wife).  
    We had unknowingly placed David in the hands of a person who had been convicted of felony residential burglary and other crimes, and who also had a DOCUMENTED anger management and alcohol problem, and David DIED from the injuries he suffered at that childcare during the time that the person in question was working.  Washington State and the Military told my husband and me that the providers had cleared the background checks, when in fact Washington State and the military KNEW that particular provider had a criminal record which included felony residential burglary, at least one malicious mischief charge, and a DOCUMENTED anger management and alcohol problem,...
    Washington State and the Military still allowed him to obtain a license even though he wouldn't be allowed to chaperone at any of the schools his children attend.  Washington State and The Military also knew and allowed this same person to NOT disclose his legal name.  DESPITE KNOWING THESE FACTS, THE STATE AND MILITARY willingly withheld that information, with fatal consequences: my son lost his life.  My husband and I had NO IDEA that he had a felony criminal record and was not using his legal name and would NEVER have put David in their care if we knew that information.”

The following are two links from KOMO 4 Seattle which covered what tragically happened to Shayna and Brian Roberts son David:

http://www.komonews.com/news/problemsolvers/Day-Care-Felons-281805991.html

http://www.komonews.com/news/problemsolvers/Family-wants-changes-to-state-law-after-son-died-from-injury-at-daycare-284046971.html

Note: The “Secretary’s List” under DCYF (Department of Children, Youth, and Families) is considering further expansion of forgivable crimes. This “Secretary’s List” suggests our child care children are not granted promised ethical justice. Our State mission promising high quality qualified screened staff is failing.  This employee friendly convicted felon list allows convicted felons to seek employment with 5 years good behavior from day of conviction, suggests we are now witnessing employment rights over social justice for our children.

Without public transparency, the State agency’s shielding of oversight failures renders their compromised employment safety lists as justification of a policy rationale for our child care system facing Washington States’ availability and affordability crisis. We must not relax the already unreasonable Convicted Felon disqualifying list that may expose our children to harm’s way; relaxed, because of the crisis of childcare availability and affordability in our State.

How would the public respond if safety and health code violations were publicized with vigor? It must be noted that Washington State with the paramount duty to keep our children safe, failed in its responsibility by negligently and carelessly eliminating the Department of Health regulatory oversight responsibilities.  These potential employment safety deficiencies cannot be remedied by allowing the employment risk of convicted felons access to our vulnerable children with a subjective character suitability test.  By allowing the dangerous convicted felons to gain access to our children is a breach of duty. It is willful negligence to allow convicted felons who can’t seek employment in DSHS (Department of Social & Health Services) or K-12 programs for 10 years, to be considered for access to our vulnerable birth to 5 year old children.

DCYF must prioritize vulnerable children as their client by fostering common sense convicted felon employment lists that reflect what an informed public, experts on felon rehab, would accept as quality professionalism.

Please sign this Children’s Rights petition to demand child-first safety reform promising transparent oversight accountability. As a brief example: what sense of decency and ethical standards would allow our children in the hands of the following crimes within 5 years of conviction?    Custodial Sexual Misconduct.  Leading Organized Crime.  Stalking.   Unlawful imprisonment.  Promoting Prostitution.  

We support reasonable, common sense disqualified felons who are worthy of a second chance being afforded the dignity and privilege, not a right, of providing safe, nurturing care our children are constitutionally promised.

David Roberts’ death by a convicted felon employed in a Washington State Licensed childcare has been met with State policymaker’s silence. No discourse for thoughtful humane reform. To date, there has been no public rule amendment debate to revisit this convicted felon employee list that includes disqualifying felons who are family members of the providers.  What compassionate legislator would want their children or grandchildren exposed to someone guilty of allowing CUSTODIAL SEXUAL MISCONDUCT?  How can the State agency (DCYF) legally or morally justify  CUSTODIAL SEXUAL MISCONDUCT be allowed to seek employment with our vulnerable population when no other oversight State Agency allows such egregious forgiveness?

Let’s honor David and his family with a quality employment model codified as "David Roberts Rule or Law".

WA Parents For Safe Child Care thanks you for considering to honor our vulnerable children with your petition signature support, for the sake of children.

THE SCRETARY’s List  - convicted felons may work in WA State Licensed childcare after 5 years of conviction.

1)    Abandonment of a dependent person not against child
2)    Assault 3 not domestic violence
3)    Assault 4/ simple assault
4)    Burglary
5)    Coercion
6)    Custodial Assault
7)    Custodial Sexual misconduct
8)    Extortion 2
9)    Forgery
10)  Harassment
11)  Identity Theft
12)  Leading organized Crime
13)  Malicious explosion 3
14)  Malicious mischief
15)  Malicious placement of an explosive 2
16)  Malicious placement of an explosive 3
17)  Malicious placement of imitation device 1
18)  Patronizing a Prostitute
19)  Possess explosive device
20)  Promoting pornography
21)  Promoting prostitution 1
22)  Promoting prostitution 2
23)  Promoting suicide attempt
24)  Prostitution
25)  Reckless endangerment
26)  Residential burglary
27)  Stalking
28)  Theft
29)  Theft-welfare
30)  Unlawful imprisonment
31)  Unlawful use of a building for drug purposes
32)  Violation of imitation Controlled Substances Act
33)  Violation of the Uniform controlled Substances Act
34)  Violation of the Uniform Legend Drug act
35)  Violation of the Uniform Precursor drug Act

0 have signed. Let’s get to 1,000!
At 1,000 signatures, this petition is more likely to be featured in recommendations!