Daycare Defense Attorneys

Looking to Talk with an Experience Daycare Defense Attorney Near You?

Daycare Defense Attorneys in Phoenix ArizonaIf you are a licensed daycare provider in Arizona, you know that qualifying for certification is no small feat, let alone staying in constant compliance with the state’s strict rules and regulations.

Your license is synonymous with your reputation—and in this business, reputation means everything.

When your credentials come under scrutiny due to a survey or complaint, even the suggestion of wrongdoing can have devastating consequences on your career.

The daycare defense attorneys at Stewart Law Group understand what’s at stake, and they will work tirelessly to defend your license as well as your good name.

If you have had your daycare license suspended or revoked, or have recently been arrested or convicted of a criminal offense, please contact us immediately at 602-548-3400.

Our Daycare Defense Attorneys Answer Your Most FAQs

How Does the State of Arizona Discipline Daycare License Issues?

A valid provider’s license and a clean record are critical to the success of any daycare facility, for good reason. When parents drop their children off at your facility, they are entrusting you with their most valued treasures—and the public is trusting you with their future.

Establishing a relationship with an experienced daycare defense attorney near you is also a good idea, both for your business & your reputation.

Here in Arizona, child care facility licensing is administered by the Arizona Department of Health Services—more specifically, by the Bureau of Child Care Licensing (BCCL).

The State of Arizona takes this role with sobering seriousness, which is why the law contains very strict requirements on how daycare centers must be set up and run—from proper modes of discipline to nutrition and even acceptable amounts of “screen time.”

Providers are held to high levels of accountability and compliance, with on-site surveys conducted once or twice per year, and the ability of any concerned parent or citizen to file a formal complaint against any daycare provider (which may trigger an additional survey).

These surveys often result in minor “deficiencies,” or violations of code requirements, which the BCCL works with the provider to correct.

However, if there are too many deficiencies, if they occur repeatedly, or if someone levels a more serious accusation against the provider, the BCCL may suspend or revoke the daycare license in question, and possibly even recommend legal or criminal action.

It is at these moments when your future is at stake, our experienced professional license lawyers & daycare defense attorneys can make all the difference between saving or losing your career – and in some instances, possibly even your freedom.

Do You Need a Daycare Defense Attorney?

If you are being investigated by the BCCL for a serious infraction that could result in the loss of your credentials, attempting to act as your own daycare defense lawyer could be ineffective at best and backfire at worst.

Here’s why you should hire an experienced daycare defense attorney in these matters:

  1. You aren’t necessarily given “due process” with the BCCL. Those who work in enforcement with the Bureau typically try to be fair, but at the end of the day, the BCCL exists to protect the children, not the providers. The Bureau reserves the right to shut you down first and ask questions later if it believes there is an imminent threat of harm to children—whether or not the evidence actually supports that claim. “Innocent until proven guilty” applies in criminal court, but it doesn’t always apply where licensing is concerned. In other words, by the nature of the investigation itself, you may be operating under undue suspicion. Having a skilled daycare license defense attorney can help level the playing field in a situation that may be skewed against you.
  2. An attorney improves your chances of a fair outcome. If you face disciplinary action from the BCCL over deficiencies, for example, a daycare defense attorney with solid negotiating skills may help you work out a solution that is fair across the board.
  3. Hiring an attorney makes it easier to keep your facility running in the meantime. For example, let’s say you’re being investigated but the BCCL hasn’t found cause to restrict your activities (for now). The time constraints of gathering information, processing paperwork, and other “busy work” in responding to a claim can cause undue stress and distraction, keeping you from running your facility effectively. Having a lawyer experienced in daycare defense cases can help you stay focused on the day-to-day operations until your issue is resolved.
  4. Your license might not be the only thing at stake. Serious accusations such as child abuse or negligence can lead to civil and criminal charges, not just the loss of your credentials. Hiring a skilled daycare defense attorney at the first sign of trouble can help you be more prepared for these possibilities.

Four pretty good reasons why securing legal counsel makes all the difference in any professional license defense case brought against you by the BCCL.

What Daycare Facility Offenses May Trigger Adverse Actions?

Since there are so many regulations governing child care, minor citations are not uncommon and may be easily corrected with the Bureau. However, more serious allegations may call for more scrutiny and possibly more severe disciplinary actions.

Common offenses of this sort include:

  • Excessive number of deficiencies — Breaking too many “minor” rules may be treated with more severity.
  • Unprofessional conduct — Acting unprofessionally toward children or parents.
  • Failure to maintain appropriate records — This offense creates a space for potentially serious misdeeds, from the standpoint of the Bureau.
  • Negligent supervision — Leaving children unattended or having too small of a child-supervisor ratio.
  • Criminal conduct — Anything ranging from fraud to child abuse.

An adverse action can mean almost anything, according to anyone. With something this arbitrary potentially impacting your right to earn a living, you’ll feel better having an experienced daycare defense lawyer on your side.

How Does Arizona Process Complaints Against Daycare Providers?

If someone files a written complaint against you as a licensed daycare provider, the BCCL will conduct an evaluation and investigation to verify the validity of the complaint. This investigation may include a survey of the facility, taking written statements and conducting interviews with you, the complainant and any relevant witnesses.

In determining punitive action, the Bureau may take any/all of the following criteria into account, among other things:

  • Number of deficiencies
  • Length of time of occurrences of the offense
  • Actual harm vs. potential for harm
  • Aggravating or mitigating circumstances
  • Size and scope of the accusations

Based on the Bureau’s findings, it may opt to work with you to resolve any deficiencies with ongoing engagement, meetings and follow-ups. (This is one of the best outcomes possible.) At worst, however, the BCCL may recommend any of the following against you:

  • Civil penalties (fines)
  • Restrictions to services or hours of operation
  • Suspension of license
  • Revoking your license
  • Recommending further criminal action (if it believes a crime has been committed)

The Bureau handles disciplinary claims against daycare providers every day, you’re best served to have legal protection who acts solely on your behalf.

Protect Your Career and Your Good Name – Talk With a Daycare Defense Attorney Near You

The time it takes to get answers to your questions and speak with a licensed attorney with experience defending daycare cases is nothing compared to your career and your reputation.

Since the care of our children is a public trust, allegations of wrongdoing are taken very seriously. As a result, without effective representation, you could lose your ability to conduct business very quickly.

Safeguard the career you’ve worked so hard to build, and protect your well-earned reputation, speak with one of our daycare defense attorneys today.

Complete our contact form or simply call Stewart Law Group today at (602) 548-3400.

See What Our Clients Say on Google:

“I worked with Colin Bell on a business licensing issue. He was very knowledgeable and extremely helpful dealing with a stressful situation. With Colin’s help, I feel I got the best possible outcome in the situation.” Jeff W., March 2021, Rating: 5/5 ⭐⭐⭐⭐⭐