Why Aren’t We Outraged? Children Dying in Child Care Across America White Paper, July 30, 2012 Tiny, white “onesies,” each bearing the name and age of a child in Missouri (who died in a child care setting since 2007), hung on racks in the rotunda of the state capitol in Jefferson City, Missouri, in February 2012. Nathan, Bridget, Cooper and 51 other infants and toddlers died in child care and their parents joined other advocates in a rally calling for stronger child care laws. Across the country other children were dying in child care settings. Thirteen-month-old Lexie and 18month-old Ava died in Kansas. Seventeen-month-old Warren died in Pennsylvania. Five-month-old Madelyne died in Ohio. Juan was 22 months old when he died in Indiana. Two-month-old Quale died in Georgia. Two-month-old Dylan died in Virginia. Four-year-old Jacob died in Texas. All of these children and many more died in child care in the past several years. Just this month, three-year-old Benjamin Price died in Texas in a hot child care van. Left for hours, he succumbed to the heat. Children’s Stories Here are some of these children’s stories as reported to Child Care Aware® of America (formerly NACCRRA) who work with parents to strengthen state and federal policy to better protect children. Nathan’s death in Missouri was attributed to Sudden Infant Death Syndrome (SIDS) in the medical examiner’s report. What Nathan’s parents later learned as part of an investigation was that the provider had other infants asleep in the room. She didn’t turn on the light when she placed baby Nathan down to sleep in the portable crib so that she could see his position. The sheet had slipped off the thin plastic pad in the crib and when the provider placed Nathan to sleep on his stomach, he tragically asphyxiated on the plastic. Nathan’s provider did not have liability insurance. In Missouri, 3-month-old William “Sam” Pratt died of alleged abuse in February 2009 at a family child care home. The official cause of death was declared blunt force trauma; however, the provider admitted to police that she threw Sam down on a couch in frustration. As of Spring 2012, the provider is awaiting trial on charges of involuntary manslaughter and child abuse resulting. The provider was not licensed, so state regulators were unable to prevent her from caring for children despite her criminal charges, and she began caring for children soon after she bonded out of jail. Sam’s provider did not have liability insurance. In February 2012 in Indiana, 22-month-old Juan “Carlos” Cardenas drowned in a baptismal pool at an unlicensed child care ministry (Longnecker, 2012). His care was being subsidized with federal Child Care and Development Block Grant (CCDBG) funds. In Texas, 4-year-old Jacob died in a hot van, left for an unknown number of hours in 103 degree F. heat. When the provider who left him in the van was arrested, her fingerprints were taken, which is how Jacob’s parents learned about her extensive criminal history. At the time, Texas did not require a background check for child care workers that included comparing fingerprints against state and federal records. As a result of Jacob’s death, his mother Avonda Fox, fought for and won changes in state law to require background checks for child care providers and extra training for providers transporting children. Unfortunately, a law alone is not enough. Benjamin Price was left unattended in a van this month in the hot Texas heat despite the law designed to protect him. Clearly, beyond the law, states need to check to ensure that the laws are followed, staff have appropriate training and undertake checklists when transporting children. Eight-week-old Quale died on his second day of child care, in a licensed child care setting in Georgia; he was found in a pool of blood. In Virginia, 6-week-old Dylan died in a church child care program; in Virginia child care programs affiliated with churches are not required to be licensed or regulated. The medical examiner told Dylan’s mother that he was a perfectly healthy baby who had passed away because he had been laid on his stomach to sleep. Lexie and Ava, toddlers in two different child care settings, both died from injuries they received in family child care homes in Kansas, which the police attributed to lack of supervision. Five-month-old Madelyne died in an unlicensed family child care home in Ohio where the provider was ultimately convicted of multiple counts of child endangerment and tampering with evidence. Seventeen-month-old Warren died when he was placed to sleep in an outdated and defective crib, trapping his head and suffocating him in Pennsylvania. More frequent inspections of child care programs could serve to detect unsafe conditions and prevent future tragedies. reality, the cause of death is frequently unsafe sleep practices in child care programs (HSRA, 2011). Despite the ongoing national “Back to Sleep” campaign, child care providers continue to put children to sleep on their stomachs, with additional items such as pillows and blankets, and on unsafe surfaces such as couches and adult beds (Moon, R., Kotch, L. & Aird, L., 2006). In states such as Maine, the number of Sudden Unexpected Infant Death (SUID) fatalities has doubled in the last 10 years; many of these deaths can be attributed to accidental suffocation (Maine Department of Health and Human Services, 2009). SUID and SIDS play an important and tragic role in child fatalities in child care. Half of the approximately 4,600 SUID deaths per year in the United States are attributed to SIDS: the sudden death of an infant which remains unexplained after a thorough investigation, including a complete autopsy, an examination of the death scene and a review of the baby’s health history (HSRA, 2011). If any of these steps are not completed, the death should not be diagnosed as SIDS (National Center for the Review and Prevention of Child Deaths, n.d.). While numerous infant deaths are labeled SIDS, a more accurate diagnosis may be SIDS caused by Accidental Suffocation and Strangulation in Bed (ASSB). Leading causes of ASSB include suffocation by soft bedding or pillows, entrapment between a mattress and wall or other surface, and strangulation by crib railings. Death by ASSB-designated SIDS is the leading cause of infant mortality and was on the rise from 1990 to 2007 (HSRA, 2011). SIDS is probably the most common cause of child fatalities in child care programs, and its incidence can be reduced. While most children may be safe in child care, these tragedies should be a wake-up call to policymakers to ensure that children are not left to chance. Private Tragedies Nearly 11 million children are in child care programs across the nation, including child care centers, family child care homes and in-home child care (the child is cared for in his/her own home by someone other than the parents) (Hansen, 2012). In addition, other children are in family, friends and neighbor care that is not reported as child care. Child care fatalities are often private tragedies, characterized by insufficient investigative measures and a lack of information sharing between child care programs, parents, medical examiners, police, and local, state and national agencies. Many parents of deceased children receive little or inaccurate information regarding the circumstances or cause of their child’s death. In addition, parents find out that providers have no liability insurance only when a death or serious injury occurs. Approximately two-thirds of infants in our country are in child care, and more than 30 percent of those children are in child care full time (American Academy of Pediatrics, 2004). These numbers indicate that less than 9 percent of SIDS deaths should occur in child care settings; however that number is closer to 20 If there is a lack of concern by the community at large percent. As national numbers of SIDS deaths and the early childhood community about deaths in decreased after the introduction of the “Back to child care it could be attributed to the low social Sleep” campaign, SIDS cases in child care did not visibility of child care-related fatalities, which are often decrease, prompting great concern about the safety kept quiet. In fact, sleep-related deaths often seem to of sleep practices in child care settings. This issue be perceived as expected or unavoidable. Numerous continues to be a great concern and potential failing infant deaths are attributed to SIDS every year; in of the child care community. The Healthy Child Care 2 America Back to Sleep Campaign started in 2003, designed to protect the safety of infants in child care by encouraging providers to follow national child care recommendations and SIDS risk-reduction practices (Healthy Child Care America, n.d.). In 2005, the American Academy of Pediatrics completed a study of state child care regulations related to sleep environments, including SIDS risk-reduction training for providers, infant sleep positioning, crib and bedding safety, and other factors. The study found that few state regulations mandate back sleeping for infants and the avoidance of soft bedding, and even fewer states require SIDS prevention training for child care providers (Moon, R., et al, 2006). in SIDS cases (National Conference of State Legislatures, 2010). Another issue complicating the prevention, study and death data gathering of SIDS is that SIDS terminology is not uniform or consistent across state lines, or even public service departments, which can lead to the inaccurate classification or diagnosis of infant deaths (National SUID/SIDS Resource Center, n.d). In short, there are few state child care licensing laws and no federal regulations for SIDS, in general, or as relates to children in child care settings—no legislation which requires child care providers to learn about SIDS risk factors and how to reduce the risk of SIDS. Sleeping infants continue to die in child care. As part of its biannual reviews of state child care licensing regulations, Child Care Aware® of America (formerly NACCRRA) determines how many states require family child care providers and center caregivers to follow SIDS-prevention measures such as completing training and placing infants on their backs to sleep. In its 2012 report on family child care licensing regulations, NACCRRA reported that six states do not require family child care providers to adhere to SIDS prevention measures (Leaving Children to Chance, 2012). The report also found that 10 states do not require providers in small family child care homes (where six or fewer children are cared for) to complete any initial health and safety training (LLC, 2012). Additionally, there are eight states which do not license family child care homes that care for fewer than seven children. In its 2011 report on child care center licensing regulations, We Can Do Better, NACCRRA reported that nine states do not require center caregivers to place infants on their backs to sleep (WCDB, 2011). Failure to Study The most recent study of child fatalities in child care is almost 10 years old. Fatalities and the Organization of Child Care in the United States, 1985-2003 (Wrigley & Dreby, 2005) reports on child deaths caused by violence/homicide, unintentional injuries, drowning, motor vehicle crashes and other causes in child care settings. Because there was no national reporting tool or federal reporting regulations for child fatalities in child care (these still do not exist in the United States), the authors utilized various methods to gather information, such as newspaper reports, police reports, court records and data from the few states that reported deaths in child care. From 1985– 2003 the study found 1,362 child fatalities; 1,030 of these occurred in “home-based care” (either family child care or in-home care). The numbers of deceased children excluded those who died in irregular care arrangements (where care was not regularly scheduled with the same provider) (98 deaths) and children whose deaths were attributed to SIDS (289 deaths). The information and child fatality numbers in the report only include the deaths the authors were able to uncover. The number of unreported or undisclosed child fatalities in child care continues to be unknown for that time period and today. Although federal legislation through CCDBG requires states to ensure children whose care is subsidized with federal tax dollars are in programs following health and safety measures, the U.S. Department of Health and Human Services is not authorized to require states to mandate SIDS-prevention measures. Fatalities and the Organization of Child Care in the United States came to several conclusions: 1) In child care settings, infants are especially vulnerable to neglect, abuse and death; 2) Child safety in family child care homes could be improved by requiring licensing for more family child care programs; 3) There is a national need for increased training and Not all states have laws related to SIDS. Among states with laws related to SIDS, the legislation varies widely and is often reactive versus preventative; for example: laws requiring SIDS-related training for EMS or fire personnel, and laws related to the role of the medical examiner and the necessity of an autopsy 3 professional support for family child care providers. These conclusions and the need for federal reporting regulations still ring true today. Up-to-date research and an updated study of child fatalities in child care is necessary to inform the development of national policy regarding child death data gathering and death prevention in all types of child care in all states. national agencies, legislators, and child care professionals from completely understanding the hazards, errors in judgement, accidents, circumstances and nature of the acts which fatally affect children in child care. For most states, there are no accurate numbers of child deaths in child care. Even if a state requires licensed care to report child deaths, unlicensed/unregulated child care providers and programs (license-exempt and those operating illegally) are not required to report child deaths, and evidence suggests this is where the majority of child fatalities actually occur (Cambria, 2012). There is really no national total to tell us how many children have died in child care in the past year, or five years, or 10 years, in the United States. Lack of Reporting Requirements A major issue inherent in Fatalities and the Organization of Child Care in the United States involved the lack of reporting requirements for child fatalities in child care. This continues to be an issue today—in 2012 the United States still does not have federal reporting requirements for child fatalities in child care. State reporting requirements vary widely. Child care licensing agencies in only 38 states require child fatalities in licensed child care settings be reported to the licensing agency (state licensing regulations posted on the National Resource Center for Health and Safety in Child Care and Early Education in 2012). Twelve states do not require reporting of children’s deaths in child care centers and 11 states do not require the reporting of children’s deaths in family child care homes. General Child Fatality Information Several organizations currently collect child fatality information, for example, the National Center for the Review and Prevention of Child Deaths. Participation in this Web-based reporting system is voluntary and dependent on state practices. Local and state child death review teams in 40 states currently participate in this reporting system, which contains data about the circumstances of the deaths of more than 100,000 children. The system gathers data on most types of child deaths (violent, accidental, illness), although not every state reviews deaths from natural causes (National Center for the Review and Prevention of Child Deaths, email correspondence). Among states that do require reporting, the information gathered varies greatly. Some states do not have a formal reporting process or even a form that must be completed as part of the report. How the information is used varies as well. As children continue to die in child care, it seems that child death reports are not used as they might be: to influence child care provider training requirements, to encourage federal regulations for reporting child fatalities in child care, to increase children’s safety and prevent deaths in child care nationwide. Another reporting system, the National Violent Death Reporting System, operates in fewer than 20 states and includes child maltreatment fatalities, but does not specify child deaths occurring in child care programs (Centers for Disease Control and Prevention (CDC), 2011). The National Center for Child Care Data and Technology assists Child Care and Development Fund grantees in collecting and reporting administrative data, but does not include reporting related to deaths in child care (Child Care Technical Assistance Network, 2011). States that do not require reporting of child fatalities in child care may fail to collect and maintain critical information related to children’s health, safety and survival in child care centers, family child care homes and in-home care. Without required reporting, states lack even the most basic information about children’s deaths in child care settings; in fact, licensing and other agencies such as Child Protective Services (CPS) may be unaware that a death occurred in a child care setting. The lack of comprehensive, organized information (among states that both do and do not require reporting) prevents local, state and The CDC SUID Case Registry Pilot Program operates in seven states, working to monitor trends in SIDS and other SUID by collecting comprehensive data, including contributing and/or causal factors such as the sleep environment, as well as the quality or 4 existence of the death scene investigation. As death certificates contain limited data and do not describe the circumstances of death, the CDC SUID Case Registry uses various information sources including law enforcement reports, witness interviews, scene photos, EMS reports and other sources to gather information. The necessity of these methods provides yet another example of the challenge of complete and accurate child death data gathering (HSRA, 2011). and NCANDS child deaths in child care do not include fatalities considered unrelated to abuse or neglect. In addition, it is important to keep in mind that each state defines child abuse and neglect differently, which means the threshold to substantiate a case of child abuse and neglect among the states varies greatly. For example, in the February 2012 case of the drowning of toddler Juan Cardenas in a baptismal pool at an unlicensed child care ministry in Indiana, the Marion County prosecutor’s office declined to file charges. Under the state’s neglect statute, the state would have to show the toddler’s death had occurred as a result of a “knowing act,” but no evidence of criminal conduct was found and therefore no charges were filed (Longnecker, 2012). It is unlikely this case will be reported as a child abuse and neglect fatality. The National Child Abuse and Neglect Data System (NCANDS) is comprised of voluntary state reports to the U.S. Department of Health and Human Services (HHS). Child fatality information collected by NCANDS depends on each state’s reporting requirements, and many states do not require fatalities in child care to be reported to the state licensing or child care governance agency. In 2011 the Department published Child Maltreatment 2010 based on reports received by NCANDS. In listing child fatalities and perpetrators, Child Maltreatment 2010 attributes 12 deaths to “child daycare provider,” but does not contain specific information about those deaths (U.S. Department of Health & Human Services; Administration for Children and Families; Administration on Children, Youth and Families; Children’s Bureau). In addition, it does not report how many of the deaths while with friends, neighbors or relatives were actually child care situations. In 2011, the U.S. Government Accountability Office (GAO) published Child Maltreatment: Strengthening National Data on Child Fatalities Could Aid in Prevention in an attempt to ascertain whether or not NCANDS collects accurate numbers of child fatalities from maltreatment. GAO examined the Department of Health and Human Services’ child fatality from maltreatment reports to determine how comprehensive the information was, also taking into consideration the challenges states face in collecting and reporting information. GAO determined that child fatalities from maltreatment were most likely underestimated, and that numerous inconsistencies existed. In addition, GAO reported that many states only report child abuse fatalities of children who had already been in contact with the child welfare system in the state. In short, the definitions used for child abuse and neglect vary greatly among the states, as do state investigative and reporting practices. When considering issues of reporting neglect, abuse and fatalities in child care, a relevant question might be: Can the death of an infant due to unsafe sleep practices, such as placing an infant face-down on a soft bed, be equated with neglect or abuse? If so, how would this affect the NCANDS fatality numbers for infants and children under age 4? The 2010 report states that almost 80 percent of the children who died from abuse or neglect were younger than 4 years old, with children birth to age 1 making up almost 50 percent of those numbers. Through vigilant investigation and reporting, if deaths in child care caused by suffocation due to unsafe sleep practices or Shaken Baby Syndrome were added, would state and national agencies take more effective action to protect children’s safety, rights and lives in child care, especially that of babies? It is important to remember that NCANDS child fatality numbers may not include numerous children who died of neglect or abuse in child care due to national reporting inconsistencies, Opportunities for Reporting Requirements Several federal agencies and programs possess the potential, through effective communication, coordination and support strategies, to develop and require standardized reporting procedures for child fatalities in all types of child care programs. Only through national policy and regulations will the United States be able to collect, track and analyze child death data in child care settings in a manner that is accurate, consistent, comprehensive and respectful of the children who die in child care every year. 5 It is important to collect death data on children in child care so that policymakers and state licensing and child care administrators can detect any possible patterns among the deaths. They can then identify potential ways to ensure children are safe in child care, such as strengthening training requirements for child care providers or licensing requirements related to allowable group sizes, the ages of children in care, as well as any applicable requirements for supervision. More frequent inspections could also be warranted, which could serve to detect and prevent any unsafe practices. CAPTA and CCDBG statutes present opportunities to authorize, develop and implement reporting requirements for fatalities in child care. It is instructive to review deaths in child care settings to detect patterns and potentially put in place policies to promote better safety (e.g., training in safe sleep practices, more effective supervision policies, etc.). There are 1.6 million children whose care is paid for by federal funds through CCDBG (Office of Child Care, 2012). While we know the types of settings these children are in (centers, family child care homes, licensed, or unlicensed care), there is no requirement under current law to report child deaths or serious injuries in settings paid for through federal funds. The Child Care and Development Block Grant (CCDBG) is a prime example of a federal program with the potential to require all 50 states and the District of Columbia to collect data and report deaths in child care. Complete and accurate data gathering and reporting regarding child fatalities in all types of child care could be required for states to receive CCDBG grant funding and support. Currently CCDBG does not require state grantees to report child fatalities or near deaths in child care programs (HHS, 2012). CCDBG also does not require inspections. There are another 803,000 children whose care is paid for through the Temporary Assistance for Needy Families (TANF) program (Child Care Bureau, 2007). Other than the aggregate amount of funds spent on child care and the number of children whose care is paid for through TANF, there are no other reporting requirements (not even the minimal reporting of settings or licensing status). For all children in child care, it is important to better understand what is needed to keep them safe and healthy. But, for those children whose care is paid for with federal funds, there should be accountability for the expenditure of those funds and the safety of children. The Child Abuse Prevention and Treatment Act (CAPTA) requires suspected child abuse and neglect to be reported; however the Act does not differentiate deaths that occur in child care settings from those occurring in other settings. CAPTA does not collect information related to child deaths by causes other than abuse or neglect, for example, drowning, accidents, unintentional injuries, SIDS and other causes of death that may occur in child care settings. Therefore, CAPTA child death numbers, for example 1,770 children in 2009, do not include SIDS deaths that may be attributed to neglectful sleep practices (U.S. Department of Health and Human Services, et al, 2011). Due to investigative and reporting inconsistencies at local and state levels, CAPTA data may or may not include deaths caused by Shaken Baby Syndrome in child care settings. Although CAPTA state funding requires the public disclosure of any child abuse and neglect fatalities and near fatalities, the recent report State Secrecy and Child Deaths in the U.S. found that not all states fully comply with this requirement; deaths that are not disclosed almost certainly involve child fatalities in child care settings (Children’s Advocacy Institute, 2012). Another way to ensure that children are safe in child care is to require a comprehensive background check for child care providers before allowing them to work in child care centers or become licensed to care for children in their home. A comprehensive background check includes a fingerprint check against state and federal records, as well as a check of the sex offender registry and child abuse registry. Yet today, only 10 states require a comprehensive check (a check requiring all four of those elements) of those who work in child care centers and only nine states require a comprehensive check for those licensed to care for children in their homes (Child Care Aware® of America 2011; Child Care Aware® of America 2012). CCDBG requires a state plan for all licensed child care to be submitted to HHS every two years. The Act also requires funds be used to promote “the health and safety of children.” Currently about 89 percent of CCDBG funding is used to pay for the care 6 of low-income children (Office of Child Care, 2012). Yet, the Act does not require funds to be used in licensed settings and does not require a background check for providers caring for children whose families receive a federal or state subsidy. CCDBG offers a valuable opportunity to require comprehensive background checks for child care providers—a critical step toward preventing abusive deaths in child care. Fingerprinting and cross-checking child care providers against national and state databases for criminal records and child abuse history are crucial to protect our children. In states that do not use a fingerprint check against both state and federal records, individuals can circumvent the background check process by using an alias. parents (including more disclosure about the background of providers and posting inspection reports online to ensure parents have full information in choosing among providers), conducting regular inspections, requiring and analyzing standardized child death reporting—these are all effective and necessary strategies to protect our children and prevent deaths in child care settings. Lack of State Reports on Deaths in Child Care The major reason for the lack of accurate information on the number of fatalities in child care is that there are no organized local, state and national procedures for reporting the death of a child in a child care setting. Many states lack any regulations or requirements for reporting the death of a child in child care. Some states do not have a formalized process for reporting or recording deaths. Some states do not require that deaths occurring in child care be identified separately from general child fatality statistics. In many states, a criminal history and/or conviction does not disqualify an individual from becoming licensed to provide child care, even if a person has been convicted of a violent crime such as battery or child abuse (Hansen, 2012). Thirteen states do not check the child abuse registry before granting a license to those who apply to operate a family child care home (Child Care Aware® of America, 2012). Seven states do not check the child abuse registry to see if those who apply to work in a child care center are on a state child abuse and neglect registry (Child Care Aware® of America, 2011). If states choose to license individuals with a history of crime or violence, they should at least disclose that information to parents by making the criminal records public knowledge (versus the records being kept confidential by states). Disclosing this information to parents and the public at large is essential to ensure that parents, as consumers, can make informed choices among providers. Parents assume a background check means that providers are safe. In the case of families where the care of children is paid for with a federal subsidy, there should be a comprehensive check to ensure that children are safe and federal or state funds are being expended in an accountable manner. For the purposes of this article, several states were contacted regarding the reporting of child deaths in child care. The results of these calls suggest: 1) States handle the reporting of child fatalities in child care programs according to their own voluntary or required regulations; 2) In some states there is confusion as to what, if any, office is responsible for this information; 3) Child fatalities in child care programs may or may not be included in reported child abuse and neglect deaths; 4) Most states do not require the reporting and tracking of child deaths in child care. A few examples of state inconsistencies are as follows: The Minnesota Child Mortality Review, working with the National Center for the Review and Prevention of Child Deaths, collects data on child deaths that occur in licensed care, but does not identify these separately from general child death information (Minnesota Department of Human Services, 2011). In Minnesota, 82 of the 85 deaths in licensed child care since 2002 have happened in family child care homes -- most of those who died were infants. In Minnesota this year alone, there have already been seven deaths in licensed programs (Schrade, Olson, Howatt, 2012). Working together, leaders, legislators, parents and child care providers must take the necessary steps to protect children of all ages in all types of child care. Taking action to prevent abuse and fatalities, enacting careful background checks, requiring licensing for providers caring for unrelated children and children whose care is paid for by federal funds, providing education and support for providers including training, providing consumer education to 7 Montana requires licensed child care centers and family child care programs to report the death of a child to the state child care licensing agency. In 2002, the Children’s National Medical Center determined that 20 percent of infant deaths attributed to SIDS in Montana occurred in child care settings, with increased numbers in family child care (Montana State Fetal, Infant and Child Mortality Review Team, 2002). Montana is where 1-year-old Dane died when his licensed child care provider gave him a lethal dose of cold and allergy medicine in an attempt to make him fall asleep (other children in the program tested positive for the medication as well) (Tuttle, 2011). state and national agencies. Most importantly, it will save children’s lives. The Need for State and National Reporting Requirements A national policy on child deaths in child care, including regulations for standardized reporting, is needed: To create an organized, systematic, standardized reporting procedure that provides an accurate count of the number of child fatalities occurring in child care To better understand the reasons and causes for child fatalities in child care From 2004 to 2007, 49 children died in unregulated To increase public awareness and care in Texas; this number only includes known understanding of risks and actions that lead deaths (Sebesta, 2009). Florida, where 2-year-old to child fatalities in child care Haile was left in a hot van for six hours, does not To improve communication and information require deaths in child care be reported (Whigham & sharing among parents, child care providers Kleinberg, n.d.). Virginia requires deaths in licensed and public service professionals care be reported; however, 3-month-old Teagan was To ensure parents are educated consumers found unresponsive in an unlicensed child care where in selecting child care 23 children age 4 and under were cared for by only To enable policymakers to review, analyze two adults (Olabanji, 2012). Kentucky, where 2-yearand utilize detailed child fatality information in old Ja’Cory died after choking on a push pin, does not order to: require deaths in child care family homes to be o Identify significant and common risk reported (Cook, 2011). Massachusetts requires factors deaths be reported, such as the death of 17-montho Identify patterns and trends in child old Gabriel, who was found dead in a sweltering van deaths in child care outside a basement child care he didn’t attend—a o Understand training and support program that shouldn’t have been operating because needs for child care providers in it lacked fire extinguishers, evacuation plans and the centers and family child care necessary city inspection (Moskowitz, Cramer & programs Guilfoil, 2011). o Increase delivery of needed training, supports and services to child care These tragedies demonstrate the urgent need for providers, children and parents national policy regarding the reporting of child o Identify and recommend necessary fatalities in all types of child care, including changes in policy, procedures and unlicensed child care. The evidence also reinforces child care regulations that all states need to strengthen licensing o Protect children’s lives and prevent requirements, increase the availability of licensed future deaths care, strengthen basic training requirements (such as safe sleep practices and other training that promotes Call for Awareness and Action child safety), and review state sanction policies when unsafe practices are found. Federal reporting Increased awareness among parents, child care requirements for child fatalities in child care will help providers, public service agencies and the early identify significant risk factors and patterns in child childhood community is essential to protecting deaths, as well as the need for changes in legislation, children’s health, safety and survival in child care. licensing requirements, child care provider training, With accurate child death data gathering and effective and communication and coordination between local, communication strategies, parents, policymakers and 8 state child care administrators can gain the information they need to make informed decisions about issues such as selecting child care, formulating child care policy, satisfying training needs and requirements, decreasing child death risk factors and utilizing detailed information to prevent deaths and near-fatal injuries. Child Care Aware® of America recommends: States receiving federal funds for child care or child abuse prevention and reporting be required by law to report all child fatalities and near-fatality incidents occurring in licensed/regulated child care using a standardized, Web-based reporting system Federal funds be used to provide the supports needed by states to utilize the reporting system States implement regulations requiring that child fatalities in all types of child care be reported within 48 hours to the state child care licensing agency The National Center for the Review and Prevention of Child Deaths program and reporting form be used as a model for reporting child fatalities specific to child care Specific procedures for child care providers, licensing agencies and public service professionals (police, medical examiners, child protection officers, social services) be established and followed when handling and reporting a child fatality in a child care setting Comprehensive background checks (including the use of fingerprints) be required for child care providers in licensed/regulated child care programs as well as licenseexempt providers caring for children whose care is paid for with federal or state funding (a contract, certificate, or voucher) Licensing exemptions for child care programs and providers be eliminated and states be required to inform parents when their child is in a license-exempt program if state or federal funds are being used to subsidize the care States increase their efforts to communicate the dangers of choosing unlicensed care to parents Health and safety training for licensed, license-exempt and unlicensed child care providers on topics such as SIDS-prevention and safe sleep practices, Shaken Baby Syndrome, Handling Stress, Positive Guidance and Family Involvement be increased and strengthened All child care programs be inspected prior to being licensed/regulated and all programs in which federal funds are being used to subsidize child care be inspected before providing care All licensed/regulated child care programs and programs in which the care is being subsidized with federal funds be monitored at least twice a year Licensed/regulated providers be required to have liability insurance, or at a minimum, require disclosure to parents as to whether or not the provider has liability insurance The confidentiality of child and family personal information in child death reporting be maintained, as desired by the family Professionals in early care and education advocate for improvements in the training and monitoring of child caregivers to ensure that children do not die in child care and early learning settings Working together, the early childhood professional community, parents, licensing agencies, public service professionals and legislators can create and maintain a national system for reporting child fatalities in all types of child care. Protecting the safety and survival of millions of children in child care should be a national priority shared by all. Advocating for child death reporting in child care protects our children, our families and our future. Somewhere in the United States today, it’s very likely a child died in child care. Why aren’t we outraged? References American Academy of Pediatrics. (2004). Reducing the Risk of SIDS in Child Care. Retrieved April 13, 2012, from http://www.sidsma.org/professionals/documents/SIDS childcarewithpictures.pdf. Cambria, N. (2012, January 15). More Missouri babies die as laws, oversight lag. Stltoday.com. 9 Retrieved March 23, 2012, from http://www.stltoday.com/news/specialreports/daycares/more-missouri-babies-die-as-lawsoversight-lag/article_086e3cb5-1d44-5512-a0384d4c2ff70eed.html. Child Care Technical Assistance Network (CCTAN). (2011). National Center for Child Care Data and Technology. 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Update on death of 2-year old in Louisville daycare. Kentucky injury lawyer blog. Retrieved March 2, 2012, from http://www.kentuckyinjurylawyerblog.com/2011/10/up date_on_death_of_2year_old_i.html. FoxNews.com (July 2012). Child dies after being left in a hot van outside Texas day care center, police say. Retrieved July 22, 2012 from http://www.foxnews.com/us/2012/07/21/child-diesafter-being-left-in-hot-van-outside-texas-day-carecenter-police-say/. Child Care Aware® of America. (2012). Leaving children to chance: 2012 update: NACCRRA’s ranking of state standards and oversights of small family child care homes: Basic safety requirements: Family child care homes. NACCRRA. Retrieved April 18, 2012, from http://www.naccrra.org/about-childcare/state-child-care-licensing/health-and-safety. Gooden, C. (2012, February 28). Childcare safety advocates rally, lobby their congressmen. Stltoday.com. Retrieved March 1, 2012, from http://stltoday.mycapture.com/mycapture/folder.asp?e vent=1423939&CategoryID=38578&ListSubAlbums= 0. Child Care Aware® of America. (2011). We can do better: 2011 update: NACCRRA’s ranking of state child care center regulation and oversight: State background check policies—child care centers. NACCRRA. Retrieved March 27, 2012, from http://www.naccrra.org/node/1761. Hansen, C. (2012). The Hansen files: Day care parts 1-6. Dateline NBC. Retrieved March 3, 2012, from http://www.msnbc.msn.com/id/3032600/#/46605437. Health Services and Resources Administration (HSRA). (2011). Infant Suffocation Deaths in the Sleep Environment. Retrieved April 12, 2012, from http://www.childdeathreview.org/Promo/MCHB_SUID WebcastSept11_withQandA.pdf. Child Care Aware® of America. (2011). We can do better: 2011 update: NACCRRA’s ranking of state child care center regulation and oversight: Health and safety requirements for child care centers. NACCRRA. Retrieved April 18, 2012, from http://www.naccrra.org/node/1769. Child Care Bureau. (n.d.). Child Care and Development Fund (CCDF) Report to Congress for FY 2006 and FY 2007. U.S. Department of Health & Human Services; Administration for Children and Families. Retrieved March 27, 2012, from http://www.acf.hhs.gov/programs/occ/ccdf/rtc/rtc2006/ rtc_2006_2007.pdf. Healthy Child Care America. (n.d.) HCCA Back to Sleep Campaign. Retrieved April 12, 2012, from http://www.healthychildcare.org/sids.html. Longnecker, E. (2012, March 8). No charges in Indianapolis boy’s day care death. WTHR.com. Retrieved March 27, 2012 from http://www.wthr.com/story/17112506/no-charges-inboys-day-care-death?clienttype=printable. 10 Maine Department of Health and Human Services. (2009). Report of the state of Maine child death and serious injury review panel 2007-2008. Retrieved February 27, 2012, from http://www.maine.gov/dhhs/reports/child-death.pdf. Minnesota Department of Human Services: Children and Family Services Division. (2011). Review of Minnesota Child Deaths and Near Fatalities Due to Maltreatment 2005-2009. Retrieved February 26, 2012,from https://edocs.dhs.state.mn.us/lfserver/Public/DHS4189D-ENG. Montana State Fetal, Infant and Child Mortality Review Team. (2002). Montana Fetal, Infant and Child Mortality Review: First Report Using 1997-2000 Data. Retrieved February 26, 2012, from http://www.childdeathreview.org/reports/Montana%20 1st%20Annual%20Report.pdf. Moon, R., Kotch, L. & Aird, L. (2006). State Child Care Regulations Regarding Infant Sleep Environment Since the Healthy Child Care AmericaBack to Sleep Campaign. Pediatrics; 118; 73-83. Retrieved April 12, 2012, from http://www.healthychildcare.org/pdf/StateChildCareSI DS.pdf. Moskowitz, E., Cramer, M. & Guilfoil, M. (2011, September 13). Toddler found dead in van; nearby day-care center shut: Boy may have been left alone for hours. Boston.com: The Boston globe. Retrieved March 2, 2012, from http://articles.boston.com/2011-0913/news/30150483_1_day-care-van-day-care-centerday-care-owner. National Center for the Review and Prevention of Child Deaths. (2005). Child death review process. Retrieved February 28, 2012, from http://www.childdeathreview.org/cdrprocess.htm. National Center for the Review and Prevention of Child Deaths, email correspondence. (2012, April). National Center for the Review and Prevention of Child Deaths. (n.d.) Sudden Infant Death Syndrome (SIDS)/ Sudden Unexplained Infant Death (SUID). Retrieved April 12, 2012, from http://www.childdeathreview.org/causesSI.htm. National Conference of State Legislatures. (2010). Sudden Infant Death Syndrome (SIDS)—Summary of State Laws. Retrieved April 13, 2012, from http://www.ncsl.org/issues-research/health/suddeninfant-death-syndrome-laws.aspx. National Resource Center for Health and Safety in Child Care and Early Education. (n.d.). Individual states’ child care licensure regulations. Retrieved February 20, 2012, from http://nrckids.org/STATES/states.htm. National SUID/SIDS Resource Center. (n.d.) Statistics: Overview. Retrieved April 13, 2012, from http://www.sidscenter.org/Statistics.html. Office of Child Care. (2012). FFY 2010 CCDF Data Tables. U.S. Department of Health & Human Services; Administration for Children and Families. Retrieved March 27, 2012, from http://www.acf.hhs.gov/programs/occ/data/ccdf_data/ 10acf800_preliminary/table1.htm. Olabanji, J. (2012, March 8). Bristow day care death leads to two arrests. WJLS.com. Retrieved March 23, 2012, from http://www.wjla.com/articles/2012/03/police-threemonth-old-baby-at-unlicensed-daycare-center-inbristow-dies-73555.html. Schrade, B. (2012, March 5). Deaths in Minn. day care rising, mostly in home-based settings. StarTribune. Retrieved March 23, 2012, from http://www.startribune.com/local/141314823.html. Schrade, B., Olson, J., Howatt, G., (2012). Child-care providers have two sets of rules. Star Tribune. Retrieved July 15, 2012, from http://www.startribune.com/local/162479246.html. Sebesta, K. (2009). Report: 49 deaths in Texas childcare facilities. Workforce solutions: Rural capital area. Retrieved March 3, 2012, from http://www.workforcesolutionsrca.com/news/view/Rep ort--49-deaths-in-Texas-child-care-facilities. Tuttle, G. (2011). Parole denied: Woman convicted of Tiny Tots day care death to serve full sentence. Billingsgazette.com. Retrieved February 27, 2012, from http://billingsgazette.com/news/local/crime-and- 11 courts/article_46b666b3-0221-5e9b-8be595c1c64daf21.html. U.S. Department of Health & Human Services, Administration for Children and Families, Children’s Bureau. (n.d.) Federal and state reporting systems: National Child Abuse and Neglect Data System (NCANDS). Retrieved February 27, 2012, from http://www.acf.hhs.gov/programs/cb/systems/. U.S. Department of Health & Human Services, Administration for Children and Families Administration on Children, Youth and Families, Children’s Bureau. (n.d.). Child Abuse Prevention and Treatment Act. Retrieved February 28, 2011, U.S. Government Accountability Office (GAO). http://www.acf.hhs.gov/programs/cb/laws_policies/cbl (2011). Child Maltreatment: Strengthening National aws/capta/capta2010.pdf. Data on Child Fatalities Could Aid in Prevention. Washington, DC: author. U.S. Department of Health & Human Services, Administration for Children and Families. (2012). Whigham, J. & Kleinberg, E. (2012, August 12). Girl, Child Care Development Block Grant/ Child Care 2 ½, found dead in van at Delray Beach day care. Development Fund. Retrieved March 23, 2012 from The Palm Beach Post News. Retrieved March 1, http://www.acf.hhs.gov/programs/ccb/ccdf/factsheet.h 2012, from http://www.palmbeachpost.com/news/girltm. 2-1-2girl-2-1-2-found-dead-in-van-843774.html. U.S. Department of Health & Human Services Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau. (2011). Child Maltreatment 2010. Retrieved February 28, 2011 http://www.acf.hhs.gov/programs/cb/pubs/cm10/cm10 .pdf#page=70. Wrigley, J. & Dreby, J. (2005). Fatalities and the Organization of Child Care in the United States, 1985-2003. American Sociological Review, vol. 70: 729-757. Retrieved February 27, 2012, from http://www.asanet.org/images/members/docs/pdf/feat ured/Oct05ASRWrigleyDreby.pdf. Note: This article was prepared by Vanessa DiLeo and Sherry Patterson for Child Care Aware® of America. For additional information, please contact Grace Reef, Chief of Policy & Evaluation, Child Care Aware® of America at Grace.Reef@naccrra.org . Child Care Aware® of America, formerly the National Association of Child Care Resource and Referral Agencies (NACCRRA), is our nation’s leading voice for child care. We work with more than 600 state and local Child Care Resource and Referral agencies to ensure that families in every community have access to quality, affordable child care. To achieve our mission, we lead projects that increase the quality and availability of child care, offer comprehensive training to child care professionals, undertake nationally recognized research and advocate for child care policies that positively impact the lives of children and families. To learn more about Child Care Aware® of America and how you can join us in ensuring access to quality child care for all families, visit us at www.naccrra.org. 12
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