Need Resources

[thatTexasLady]

I am researching for a blog post and my plea to our state reps regarding the violation of the rights of in-home childcare providers to be safely armed during business hours. Can anyone give me resources (newspaper articles, links, etc) on instances where a home invasion, armed parental confrontation, or any other situation where a child care provider had to physically defend themselves occurred while children were present or during regular hours of operation?

Here's what I have so far:
March 2008 – Tampa, FL
Anna Rivera was assaulted and knocked unconscious with 6 children under her care in her child care home around 10am. The assailant demanded money, stole her watch and rendered her unconscious for nearly half an hour. Children were found wandering outside by a construction worker.
http://video.tbo.com/v/21870069/daycare ... vasion.htm" onclick="window.open(this.href);return false;

August 2005 – Tampa Bay, FL
63 year old child care provider knocked unconscious in front of the children she cared for after giving the assailant all of her money. Children were found wandering outside.
http://www.baynews9.com/content/36/2008 ... 34732.html" onclick="window.open(this.href);return false;

May 2011 – Irvine, CA
The assailant broke into the home of an Irvine woman who was running a daycare business at the residence. They allege he entered through a garage door and pointed a loaded .40-caliber semiautomatic firearm at the woman, who was sitting on a couch feeding a baby. He pressed the gun barrel into the woman's neck, prosecutors said, demanding money as she pleaded with him not to hurt the children. They say he forced her into a dining room, the baby still in her arms, where he stole $100 from her purse.
http://articles.ocregister.com/2011-05- ... an-parolee" onclick="window.open(this.href);return false;

[AJMag]

Please excuse my lack of knowledge on this subject, but for my own and others' clarification,.. there's a law preventing in-home child care people from having a firearmnearby or what? Don't get me wrong I can understand the issue of making a firearm accessable to a child if not taken into heavy consideration, but if it's a home, doesn't that collide with the right to defend a home? I guess I'm just looking for more clarification on this law or where it's stated because I think that's a huge violation. I know of no incidents, but if I find any anytime soon I'll most certainley post a link. Thanks

[Beiruty]

in-home daycare is like any other business. The owner can carry with or without CHL, it is the owner home. As long as the cared-for kids have no access to the firearm, where is the problem?

I never heard of such law? In-home daycare are NOT K-12 schools.

[thatTexasLady]

From the Texas Department of Family and Protective Services Minimum Standards for Child-Care Homes:
§747.3505 Are firearms or other weapons allowed at my child-care home?
Subchapter S, Safety Practices
Division 1, Safety Precautions
September 2003
(a) Firearms, hunting knives, bows and arrows, or other weapons kept on the premises of a child-care home must remain in a locked cabinet inaccessible to children during all hours of operation, with the exception of law enforcement officials who are trained and certified to carry a firearm and ammunition.
(b) You must keep ammunition in a separate locked cabinet and inaccessible to children during all hours of operation.

[thatTexasLady]

in-home daycare is like any other business. The owner can carry with or without CHL, it is the owner home. As long as the cared-for kids have no access to the firearm, where is the problem?

I never heard of such law? In-home daycare are NOT K-12 schools.

I posted the law above, unfortunately, it is not like any other business and although it violates Castle Doctrine, it is law and as child care providers we have to abide by it, or risk closure or jail time for violation.

[thatTexasLady]

I believe that there is a similar law regarding foster homes as well. I may be wrong on that.

[Beiruty]

From the Texas Department of Family and Protective Services Minimum Standards for Child-Care Homes:
§747.3505 Are firearms or other weapons allowed at my child-care home?
Subchapter S, Safety Practices
Division 1, Safety Precautions
September 2003
(a) Firearms, hunting knives, bows and arrows, or other weapons kept on the premises of a child-care home must remain in a locked cabinet inaccessible to children during all hours of operation, with the exception of law enforcement officials who are trained and certified to carry a firearm and ammunition.
(b) You must keep ammunition in a separate locked cabinet and inaccessible to children during all hours of operation.

I think those are standards, violations of those standards may be result in revocation of day-care license. However, I believe that it is not a crime if those standards are violated. Is there penalty for not meeting those minimum standards?

[thatTexasLady]

I believe that all depends on the judge you get when they drag you to court, but they will definitely revoke your license which to many in my area means losing everything. A woman near me keeps daycare and takes care of her dying husband, if she were revoked it would ruin her, daycare is her only income.

[Beiruty]

I believe that all depends on the judge you get when they drag you to court, but they will definitely revoke your license which to many in my area means losing everything. A woman near me keeps daycare and takes care of her dying husband, if she were revoked it would ruin her, daycare is her only income.

I know day-care is very good business. I used to pay for my kid some $38/day for day care. If at home one can have 6-8 toddlers, that is some $250/day or some $60,000+ risking such income is not easy.

Good luck, maybe in 2013 some TX Rep can introduce a modification for the TX administrative code in question.

[thatTexasLady]

Thanks so much! Wow, around here, it's about $75/week average for a toddler.

[AJMag]

Thanks so much! Wow, around here, it's about $75/week average for a toddler.

maybe I should suggest my sister move up that way. That's a pretty cheap week of child care, at least according to what she says, especially for 2 kids.

X2 on the good luck

[Beiruty]

Thanks so much! Wow, around here, it's about $75/week average for a toddler.

$15/day is nothing. Unless you are in Canada and the gov will pay for day care, min is $5/day and max is $25/day what parents pay.

In Dallas suburb, $850/month is average and there is a long long waiting list, that it at least till 2008 before the big recession started.

BTW, the topic (foster and in-home daycare) has been discussed here: viewtopic.php?f=94&t=46966" onclick="window.open(this.href);return false;

[thatTexasLady]

Okay, so when I write the reps, I will include Foster homes, good to know, thanks Bieruty.

I could still use more actual cases if anyone can find any, thanks.

[DONT TREAD ON ME]

I'm sorry I do not have any cases that you are looking for but what about contacting a lawyer that is knowledgeable in this area? Ask him/her for clarification on the law you cited above. It says that all weapons kept on the premises must be locked and ammo locked in separate area. This is just a thought and me going WAY out on a limb here but I would ask the lawyer if he/she knows if that would mean a pistol that you carry on your person too? Then go on to explain the castle doctrine and the laws how one can carry on one's own property and business.

Like I said this is going WAY out on a limb and I am pretty sure we all know the answer. I am just trying to give you another idea that might help you out in the immediate future. I understand the idea behind the law as kids are mischievous but you are responsible for protecting them, yourself, and your business.

I too wish you good luck with this!

[thatTexasLady]

I am having trouble finding an attorney who is Pro-2A and who knows Daycare Law...any suggestions?