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child care and bf discrimination  

post #1 of 63
Thread Starter 
nak...but this will be long...

i called ds's childcare today to express concern about a situation on Friday. Part of it had to do with giving him his sippys of breastmilk. I was not going to make it into a lactivist issue but the director proceeded to say to me that they *cannot* give ds breastmilk in the "ones" room because there's a risk that another kid could end up drinking his milk. She told me that if I want to keep sending bm, that they would have to take him and put him in the infant room while he drinks it so they can put him in a high chair.

She then proceeded to tell me that the breastmilk is a bodily fluid, and by state licensing requirements, they can't have it in the ones room. I was as polite as possible but made sure to voice that I'd never heard of that regulation and that certainly there's a distinction between breastmilk and urine.

Conveniently, I work at the state health department and just walked upstairs to talk to someone in licensing. I explained. He asked a little about what I send the milk in, if its labelled, if ds can drink it without assistance. He conferred with his supervisor and called me back to tell me that was considered acceptable under state licensing and there was no such regulation. He told me if I could mind out what rule she was referring to, he could refute it more specifically.

I called and she called me back and left a message with the rule #. I read it, and there is ZERO reference to anything remotely related to whether or not breastmilk is allowed in the a toddler classroom. Meanwhile, she also cited the nutrition section posted in their handbook, which I know says dietary modifications can be made with a dr's note (which she had initially told me this morning wouldn't apply to breastmilk as a bodily fluid).

I very politely also asked her at one point if kids who have allergies and have to drink soy or rice milk are taken out of the room to drink their milk. She said no, again citing that breastmilk is different because it's a bodily fluid. Meanwhile, their handbook says that they take care to make sure that children w/ allergies are not excluded or meant to feel different.

Bottom line- I'm angry.

1) I don't want DS to have an association of being removed from his normal routine just to have mommy's milk and being made to feel different.
2) I don't want to just say, fine, give him just cow's milk because we've been following his cues and he only drinks some each day but still prefers the breastmilk.
3)I have a Masters in Public Health and am well aware of where to find the relevant information. I'm not sure the director is aware that both OSHA and CDC consider bm a food, not a bodily fluid.

I'm trying to be calm and rational, as I feel like I am better positioned to fight with them because of my professional background, but frankly, I feel discriminated against for wanting my son who's over one (heaven forbid) to have breastmilk and not be treated differently because of it.

Any thoughts, advice, support, are much appreciated. Thanks for listening!!!
post #2 of 63
Just a quick note to give my support! It sounds like you will be able to put together a rational, calm and factual letter for the director - who sounds just a little confused about the whole 'food' vs 'bodily fluids' thing. Hopefully you'll be able to set a precedent for future breastmilk drinking kiddos! Good luck and go get'em!
post #3 of 63
Wow, mama. That is pretty insane. I taught at an early childhood center and I can't imagine any of our teachers or our director having a problem with sending breastmilk!!!

I don't have any advice, I'm so sorry, except to say that I don't think you should let this matter go. Keep pushing, and maybe you can change the "rules" for this center! It seems like you have the law on your side, and certainly you have only the best intentions for your son. Keep us updated about what happens!
post #4 of 63
I would be fairly "alarmed" that they seem to be so casual about something that could be an allergy issue (soy or cow milk) but are all bent about just another food.

If they're that worried about your milk, why are they not concerned about the allergy issue?
If they're that concerned about an allergic child not being made to feel different, why are they not concerned about doing that to your son?

I'm seeing discrimination too, but the director isn't honest enough to just admit her own "ick" issue, so she's grasping at straws she thinks are in the laws.

I'd be sending her the laws and analysis of how and why they do not say what she's claiming they say. I'd then be following up with the suggestion that unless she wishes to be speaking to an attorney about her double standards and breaking of not only the laws, but also the care center's own policies, that she needs to suck it up and follow both law and policy.

If more supervision is needed for the toddlers to not being drinking from each other's cups, maybe she'd better suck that up too and pay for an adequate number of assistants.

Put more professionally and politely of course.
post #5 of 63
Quote:
Originally Posted by Meiri View Post
I would be fairly "alarmed" that they seem to be so casual about something that could be an allergy issue (soy or cow milk) but are all bent about just another food.

If they're that worried about your milk, why are they not concerned about the allergy issue?
If they're that concerned about an allergic child not being made to feel different, why are they not concerned about doing that to your son?

I'm seeing discrimination too, but the director isn't honest enough to just admit her own "ick" issue, so she's grasping at straws she thinks are in the laws.

I'd be sending her the laws and analysis of how and why they do not say what she's claiming they say. I'd then be following up with the suggestion that unless she wishes to be speaking to an attorney about her double standards and breaking of not only the laws, but also the care center's own policies, that she needs to suck it up and follow both law and policy.

If more supervision is needed for the toddlers to not being drinking from each other's cups, maybe she'd better suck that up too and pay for an adequate number of assistants.

Put more professionally and politely of course.

yeah that.

it sounds like you can handle this argument beautifully and I think you should push it, this is just wrong.
post #6 of 63
Sounds like they picked a fight with the wrong mama! Good luck!
post #7 of 63
Thread Starter 

one more question

Thanks for the support! I needed it. DH has a work event tonight, so it's driving me crazy that I can't talk more about it with him right now too. I'm going to wait to see what tomorrow brings (have not yet talked to the director about what I found regarding the rules and what the handbook says). If I have to, I'll involve the regional director and their corporate office. Here's my question though- if they have some kind of internal policy (that was not written on any information given to us/provided on their website), do they have a leg to stand on or as a private company, can they choose to discriminate based on this? There is no licensing rule supporting their argument, but there is also no rule at all addressing breastmilk in any way other than issues of proper storage, etc.

p,s,---I hate being so polite when I really feel like the center is making excuses to discriminate because someone thinks breastmilk after a certain age is weird! It's taking a tremendous amount of willpower not to fly off the handle!
post #8 of 63
That is crazy, if BM is a bodily fluid than Cows Milk is a bodily fluid of a farm animal and should be under even more restrictions. Some people just have crazy logic
post #9 of 63
i'm so upset for you
how demeaning
but good for you for immediately responding with the law and irrefutable facts

sounds like that early childhood educator needs some educating!
post #10 of 63
yk, legally they probably could have their own internal policy but it would seem that it would have to be a written policy not just something they pulled out of their ass. and thats what this appears to be. and i don't think i'd want to have that kind of policy with mamas like us.....ha-ha sounds like you could make it very bad for them in the press.....
post #11 of 63
well, here's how I'd go about it:

First, their initial argument, "there's a risk that another kid could end up drinking his milk," doesn't hold water (or milk), because if they have milk-allergic kids drinking in the room, then they are obviously able to watch who's drinking from what cup. If they're not watching, that's worse. The bad effects of a milk-allergic kid drinking milk are far worse than the (non-existant) bad effects of another kid drinking someone else's breastmilk.

Second, you need to establish that breastmilk is food, not a bodily fluid. You seem to have all the resources at your disposal to make an effective argument, one that they will have to agree with, no matter how grudgingly.

Once you have done that, it's fairly simple. If they allow any parents to bring in food, then they can't tell you that you can't send his food. If they don't, then you're probably up a creek. Of course, the chances that a daycare won't let anyone bring outside food, even with a doctor's note, are pretty slim. Because if things are as they were 7-8 years ago when dd was in daycare, the only daycares providing food make use of usda money, and the usda regulations say that kids with a doctor's note can bring their own food even if others can't.

That's how I'd approach it. YMMV
post #12 of 63
Quote:
Originally Posted by MamaVolpe View Post
That is crazy, if BM is a bodily fluid than Cows Milk is a bodily fluid of a farm animal and should be under even more restrictions. Some people just have crazy logic
I was thinking the same thing! Where do they think cows milk comes from?
post #13 of 63
Quote:
Originally Posted by milkeriffic mama View Post
3)I have a Masters in Public Health and am well aware of where to find the relevant information. I'm not sure the director is aware that both OSHA and CDC consider bm a food, not a bodily fluid.

I'm trying to be calm and rational, as I feel like I am better positioned to fight with them because of my professional background, but frankly, I feel discriminated against for wanting my son who's over one (heaven forbid) to have breastmilk and not be treated differently because of it.

Any thoughts, advice, support, are much appreciated. Thanks for listening!!!
I would certainly write a letter and state all of this especially about the part about feeling as though you're being discriminated against. The daycare provider prolly knows diddly about OSHA and the CDC but cite them anyway. The only problem is that the tone of the letter could jeopardize your relationship with this day care and you may eventually need to find a replacement to ensure that your son gets fair treatment. I don't think I'd be able to let this one rest. I would definitely say something...you just have to be comfortable with whatever aftermath ensues. Good luck mama!
post #14 of 63
Keep up the good fight!
post #15 of 63
Sounds like a sucky situation After working in childcare for over 10 years I will tell you there is a very blatant Anti-bf in child care I never understood It makes me sad.

When I went back to work with ds at 18 months I just told them is was milk. wouldn't feel bad about lieing to these people!
post #16 of 63
I think it says something bad about the center if they can't supervise kids enough to make sure they don't share drinks. I assume you are paying them good money to have them watch your kid, and they cant label sippy cups with names and keep them away from the other kids? I wonder what they would think of my 29 month old still drinking EBM.
post #17 of 63
Boy I wish this were the first time I had heard this story. :

You are the perfect person for this to happen to, though that is probably little solace. If they continue to insist that they are basing their decision on medical facts or health regulations, keep going up the ladder with the evidence. Make sure you can show them the state regulations concerning day care facilities and feeding (they are usually incredibly detailed and usually the requirements for care and safety of formula or cows milk is much more detailed then those for breast milk since formula and cows milk are easier to contaminate). I have known of other moms in your situation who have gotten letters of support from their own state health departments - since you work there, you can probably manage that.

Unfortunately Arizona is not one of the few states with laws forbidding discrimination against breastfeeding kids in day care centers so you may be at risk of losing your spot in the center. But at this stage, you are engaged in a dispute over the center's error of medical/scientific fact. You are not violating some part of your contract with them, right?

Hang in there.
post #18 of 63
Quote:
Originally Posted by GooeyRN View Post
I think it says something bad about the center if they can't supervise kids enough to make sure they don't share drinks. I assume you are paying them good money to have them watch your kid, and they cant label sippy cups with names and keep them away from the other kids? I wonder what they would think of my 29 month old still drinking EBM.
Kids share sippys, kids suck on each other's toys, kids share snot. Kids exchange bodily fluids all day long. Kids are, ya now, kinda gross. A swig of breast milk may be the healthiest thing they could share. Certainly helps balance against the snot sharing.
post #19 of 63
Quote:
Originally Posted by MamaVolpe View Post
That is crazy, if BM is a bodily fluid than Cows Milk is a bodily fluid of a farm animal and should be under even more restrictions. Some people just have crazy logic
:

That was my first thought, too! This sounds more like someone who has some kind of weird grudge against BF or something. It squicks her out PERSONALLY, and she's trying to back herself up with erroneous rule citing. I'd just try to keep pursuing it as calmly as possible. You'll win in the end, and make this place better for others without the same education and professional access as you.

I totally understand your anger!
post #20 of 63
I would start playing hardball, at this point, if that happened to me, but... Then again, I'm what you might call confrontational.

I'd not only bring all the evidence to the fore, I would state plainly right at the beginning that I don't appreciate discrimination against my child because THEY can't get over thier own ick-factor or feelings of inadequacy b/c they can't handle BM. I'd also be threatening to go to the press with the issue. Bad press about discrimination against BFing kids, bad press about the inability to read simple regulations, bad press about the inability of the daycare center to keep kids from drinking each other's milk, I'm sure I could think of more things to give them bad press about, given time.

I would NOT let up on the issue because even if I don't return my own kid there, I want to make sure that kind of crap doesn't happen to less confrontational BFing moms.

Working moms have enough crap to deal with when they have to fight for the right to pump at work. They shouldn't have to fight to pump AND fight to feed their kid, you know?
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