I have mentioned in a previous post (The State's Fatal Flaw) that I used advice that I had given to my son for his Karate in my war with Adrienne Driggers and her Department of Family and Protective Services. The advice that I gave to my son was to prepare as much on Defense as he did on Offense. We would identify how his opponents were likely to attack him and how best to defend himself. We also prepared to counter attack by using his opponents attacks against them. The plan was to dictate the pace of the hearing and dismember their case by addressing the points that they were likely to raise before they had the opportunity and to use our counterattacks to help us prove the reasonable person standard.
A reasonable person standard requires a person to act with the same degree of care, knowledge, experience, fair-mindedness, and awareness of the law that the community would expect of a hypothetical reasonable person.
Adrienne Driggers used the incident of a child walking out of the building to close our daycare and place my wife on the State of Texas Central Registry for Abuse and Neglect. Adrienne Driggers' Department of Family and Protective Services Childcare Licensing Department first used the fact that Marla was not at the daycare at the time of the incident to place her on the Central Registry. They would change their reasoning, well after the daycare closed, after they realized that we were hammering them with our petition and on this blog that State regulations do not require daycare operators to be present at their daycares during all hours of operation. Imagine daycare operators being unable to leave their facilities when their daycares operate on a 24 hour basis!
Adrienne Driggers' Department changed their reasoning, well after Driggers and her Department ordered the adverse actions, claiming that Marla did not place a person in charge of her daycare in her absence. This was proven to be blatantly false by Childcare Licensing Representative Monica Martinez, the person who investigated the incident.
The Department finally settled on their allegation that Marla did not train her staff. The interesting thing about this is that our daycare was well known for having an extremely well-trained staff. There were times that our staff had to correct Childcare Licensing Representatives on their own rules and regulations! Our staff were easily trained at least 5 TIMES the amount required by the State of Texas.
The question that you must be able to answer is: Would a reasonable person have acted the same way?
A main focus of our hearing was based on Marla's (Our) training of the staff. The State of Texas Minimum Standards for Childcare Centers states that caregivers must receive 8 hours of pre-service training if they did not have at least 6 months of experience as a caregiver in a childcare center. We however required all of our staff, regardless of how much experience they had, to obtain at least a week's worth of training at a minimum of 8 hours per day which consisted of classroom training, taking a grueling test to measure the new employees level of understanding, and shadowing another employee. The individual, who I will refer to as "PE", whose actions were determined by the State to have been at fault for the incident admitted to receiving 1 1/2 weeks worth of training before being allowed to work alone with the children. She would admit during the hearing that she shadowed Marla even though it is not required by the State of Texas Minimum Standards for the Director to personally train the staff. PE would also admit that Marla trained her, long before the incident, to be aware of children's tendencies and to act accordingly to prevent a child from possibly harming themselves. Would a reasonable person have gone over and beyond the amount of training required by the State of Texas as Marla did? The answer is simple, only a person that truly cared about the safety and well-being of the children would devote as much time into training as Marla did with the staff.
It was pointed out in the hearing that there were crazy ants in the facility-An amount that totaled less than 10 total ants! Although the State of Texas guidelines do not require daycare operators to contract with pest control companies to spray and check for pests every quarter (every 3 months), Marla did. What this means is that not only did she go above and beyond the State of Texas guidelines, she did everything humanly possible to ensure that there were no problems with pests. Would a reasonable person have done this? Only a person that truly cared about the safety and well-being of the children would contract with a pest control company when it was not required. Marla also contracted with a company to shampoo the carpet every quarter which is also not a requirement of the State of Texas Minimum Standards for Childcare Centers.
Marla clearly passed the reasonable person test and the Texas Attorney General's Office was pathetically unable to prove otherwise and were in fact humiliated numerous times throughout the hearing trying to prove otherwise.
If you are wondering what occurred at the hearing, I promise you that I will disclose every single detail of what occurred. What you will learn is that Adrienne Driggers and the Department of Family and Protective Services are much more dangerous to the families of Texas than you may have imagine. You will also learn how unethical the Texas Attorney General's Office and the State Office of Administrative Hearings are. Unless you are one of the corrupt people that work within the aforementioned you will be calling for the end or the reorganization of all three.
Follow this blog very closely because the entire corrupt system will be exposed before the world within the next week.
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