How do I register a complaint with authorities?

• Contact your State Child Care Licensing Agency - see http://nrckids.org/STATES/states.htm, click on your state to find out the contact for your state.


• Be prepared to provide the following information:
  
  • Name of the program/caregiver.
  • Address.
  • Statement of complaint/problem.
  • Date(s) of the incident or problem.
  • How you became aware of the problem; what you observed.

How do I find out if there have been any validated complaints made against my program and the nature of the complaint?

• Contact your State Child Care Licensing Agency - see http://nrckids.org/STATES/states.htm, click on your state to find out the contact for your state.


• You can ask the Center Director or the Family Home Caregiver to share with you any past concerns from parents or licensing violations and how they solved them.

Note: States vary on what types of programs they regulate and monitor. For example, some states do not license family child care homes with small numbers of children. Some faith-based programs are not regulated.

States may not have the authority to investigate a complaint if they don't have the authority to regulate. However, you should report unsafe conditions and incidents of serious harm or injury so that authorities are aware of these problems. Numerous offenses in child care settings that are not licensed may lead to changes in the regulation of child care in your state.

If your state does not regulate the program about which you have a complaint AND you feel that abuse or neglect is occurring, please call your state Child Abuse Hotline. To find out your state's hotline number, go to:

Child Abuse Reporting Telephone Numbers by State
http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172

Want to know more?

• Meetings and Policies on Complaints
• Does the caregiver have routine meetings between staff and parents?


• Does the program have a complaint procedure that includes parents in problem solving?


• Does the program have a process to set up special meetings to deal with a crisis or a unique problem parents or staff are concerned about?


• Is an action plan developed, written down, and implemented including: who is responsible, what will take place, over what time period will it be put into practice?


• Does the program post a notice on how to register a formal complaint with the state child care licensing agency, including the phone number?


• Does the program have complaint records and any licensing violation on file as well as written records on how they were handled? And are these records available to parents to review?



Note: Names of staff, parents and children involved in complaints should be masked from the copies you see to protect the confidentiality of those individuals - you would want the same confidentiality for you and your child if you need to file a complaint.


• For small incidents that might become a long term problem:
• Keep notes and be specific:


• Your planning calendar is a good place to track this.


• Jot down names and phone numbers of other witnesses or concerned parents.

Example:

Concern over poor nutrition/food choices - sample notes:


Is this a problem that should be reported to licensing authorities? Probably not as the director responded quickly, it was a short term problem, and healthy foods are now being served. Monitor to make sure healthy foods continue being served.


Example:

Concern over Staff: Child ratios (too many kids per caregiver) - sample notes:


Is this a problem that should be reported to licensing authorities? Yes.

Too many children with one caregiver is a safety problem. Inadequate supervision can lead to unintentional accidents or injuries because a child was not being watched or not involved in an appropriate activity. A child could wander and go into an area that is unsafe for their age. Since you have approached the director about the problem with no result, licensing authorities should be notified immediately. Be ready to provide the details that you have jotted down.


• When Meeting with Your Caregiver to Solve a Problem
• Prior to the meeting, have you reviewed the policy manual to see if the concern or process in question is covered?



Example: "Why am I being charged when Aaron was sick and didn't attend?"
Does the policy manual cover tuition payments during absences and vacations?
Is the caregiver not following written policy or what is stated in the admissions contract?


• Schedule a time when it is quiet, private, and each of you have the time to talk. Drop off or pick up time is NOT good, caregivers are busy with other families.



• State specifics about your concerns, do not be vague.



Example: "Only 3 diapers from Shannon's bag were used yesterday, and her bottom was really red when she got home. Did something happen that interrupted your diapering routine?"


• Ask the caregiver's thoughts on the issue - LISTEN. Use non-aggressive language:



Do: "I understand that there was a fight on the play ground. Can you please tell me what happened before, during and after?"
Don't: "Why didn't you stop Alex from punching my daughter? Were you even outside with them? She got a bloody nose and it got on her new coat - somebody's going to have to pay for that!"


• Offer suggestions and ask for feedback.



Example: There is a chronic biter in your child's classroom.
Do: "I've read that there are now consultants who come on site to child care programs to help with children who are chronic biters. Here's the phone number that was on the web site. Would you be willing to try this? I don't want Sara to be bitten anymore."
Don't: "I think you should kick Josh out of the program. Why are you protecting Josh more than my Sara?"


• Continue to dialogue until a solution is reached. Depending on the problem, the problem may not be solved immediately. Continue to observe for a few days.



• Give positive feedback when solutions have worked and problems resolved.



• Continue to evaluate and monitor.


If your child is in a center, start discussions with the child's teacher. If that doesn't fix the problem, set up an appointment with the Director of the program. Ask that the Teacher be included. If the Director doesn't respond and there is a Corporate Office or Board of Directors, take your concerns to them.


• Registering a Complaint to the State Child Care Licensing Regulatory Authority
Before contacting your regulatory agency, try to determine if your concern is a policy issue or a mandatory state licensing rule that is not being followed.

Examples of concerns that should be reported:

• Too few caregivers for the number of children in care.
• Consistently dirty kitchen or bathroom areas.
• Children having access to toxic substances or medicines.
• Play areas that have unsafe equipment.

Examples of issues that may not be a violation of licensing rules:

• Financial arrangements such as payment schedules.
• Caregiver vacation notification.
• Methods for handling a child that bites.
In most states these concerns are not covered by state rules.


If you have talked with the Director of the program or the family child care provider and

1. Can not resolve the problem; OR


2. Believe that children are in harm of serious injury, illness or abuse,

Then you should contact your state regulatory office responsible for handling complaints. You should be prepared to provide the following information:

• Name of the program/caregiver (specific teacher).
• Address.
• Statement of Complaint/Problem.
• How you became aware of the problem; what you observed.

Child Abuse or Neglect Complaints
If the complaint indicates child abuse or neglect, you most likely will be directed to your state's child abuse hotline.
See Child Abuse Reporting Telephone Numbers by State http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172
(For more information on recognizing child abuse and neglect - See Child Abuse Section)

Note to Caregivers wishing to register a complaint: State law should ensure that caregivers and child care staff, who report a violation of licensing requirements in the settings where they work, are protected from discharge, revenge, or other disciplinary action for that reason alone, unless it is proven that the report was malicious.

If your caregiver is unable or unwilling to solve a problem, see Selecting Child Care Section for information on finding a new setting.

How to help your caregiver with this topic

• Follow the tips outlined in the section above When Meeting with Your Caregiver to Solve a Problem.


• Approach problems with the attitude of helping to solve the issue and making things healthier and safer for your child vs. just being critical of your caregiver.


• If possible, offer to help if something needs to be repaired or replaced (such as chipped dishes or torn carpet that might cause a child to trip).


• Thank your caregiver when a problem is solved or a condition has improved (such as better handwashing observed, cleaner food serving area).

Additional Resources

Child Abuse Reporting Telephone Numbers by State
http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172

Communicating with Your Provider (National Network for Child Care - Minnesota Extension Service)
http://www.extension.umn.edu/distribution/familydevelopment/components/7268k.html

When there are Problems with your Child's Care (National Network for Child Care - Texas Agricultural Extension Service)
English - http://www.nncc.org/Choose.Quality.Care/ProblemsEng.pdf
Spanish - http://www.nncc.org/Choose.Quality.Care/ProblemsSpan.pdf

State Child Care Licensing Agencies Contact Information
http://nrckids.org/STATES/states.htm (click on state to get to the contact)


Healthy Kids, Healthy Care is based on Caring for Our Children: National Health and Safety Performance Standards: Guidelines for Out-of-Home Child Care Programs, 2nd Edition, 2002, (American Academy of Pediatrics, American Public Health Association, and National Resource Center for Health and Safety in Child Care)

STANDARD 1.057 HANDLING COMPLAINTS ABOUT CHILD CARE PROVIDERS
STANDARD 2.052 PARENT COMPLAINT PROCEDURES
STANDARD 8.077 PUBLIC POSTING OF DOCUMENTS
RECOMMENDATION 9.020 PROCEDURE FOR RECEIVING COMPLAINTS
RECOMMENDATION 9.021 WHISTLE-BLOWER PROTECTION UNDER STATE LAW