Photo illustration by Tom Gilbert/Tulsa World

---

Visit the special series Web site for A Question of Care: an investigation of the state’s day-care system

---

The latest on this story: They dare to care

---

Read other stories in the series:
Going beyond the gut feeling

Records come with red tape

Children at risk

Many providers are spread too thin

Oklahoma's troubled child-care facilities

Interactive graphic: View a graphic of common violations and a list of providers who have been cited for them.

---

Shuttering the worst violators takes time

At least five children have died in child-care facilities, four molested and 14 received injuries serious enough to prompt the closing

of the facility, according to a Tulsa World review of revocations, emergency orders and license denials.

The state Department of Human Services has denied, revoked or issued emergency orders to shut down child-care facilities 146 times between Jan. 1, 2006, and May 30, 2007, a World review indicates.

Oklahoma has about 5,100 child-care homes and centers.

It takes about four months to shut down a troubled child-care facility through revocation.

The time is measured from the date of the last incident at a facility to the letter notifying providers of closure. A DHS license revocation allows for an appellate review if requested by the provider.

"Even after we seek revocation, we are gathering evidence and making monitoring visits," said Catherine Woldridge, DHS regional programs manager for the child-care division.

"It's like we are preparing for trial during that time. We are constantly working on the case during that time."

Some of the providers will voluntarily shut down or close their businesses after being notified, said Mark Lewis, DHS director of child-care services.

"When children are not in care, there is less urgency in getting those letters out," Lewis said.

Emergency orders move more swiftly, with an average of two days, according to the nine emergency orders issued. Emergency orders have historically been used less often with a high standard of request.

Many of the closures result from a history of multiple noncompliance areas and complaints by the public. In the majority of cases, the cumulative effect results in a more serious substantiated complaint or finding.

Drugs found in child-care homes were mentioned in 16 closures, children left unattended in a vehicle were part of 10 facility shutdowns, three providers were medicating children without permission and nearly 25 homes allowed people near the children who had criminal backgrounds prohibiting them from being in the home.

It is uncertain how many providers continued to provide unlicensed care, which is illegal, after having a license taken away or denied.

DHS workers will check up periodically on closed facilities to make sure those providers are no longer in business.

But it is up to prosecutors to file charges against providers continuing to operate after closure.

'This is personal' -- In a rare move, Tulsa County prosecutors filed misdemeanor charges July 25 against a child-care home provider for continuing to operate a facility without a license.

Charletta Eujeana Murphy had her child-care license revoked on May 11 for a string of violations going back two years. DHS took about four months from the last substantiated incident to starting revocation in March.

While Murphy provided care, DHS confirmed complaints that she left at least seven children in a car unattended, failed to use seat belts when transporting children, operated overcapacity and a 3-year-old child was injured while unsupervised in a backyard, according to court documents.

Murphy claims that each violation was trumped up.

She said she fired an assistant who was supposed to be with the children in the vehicle while she ran into a store. She was on the telephone when the child fell and scraped his knee, Murphy said.

"This is harassment," Murphy said. "I have done nothing wrong, and all my parents will tell you that I am a good provider for their children. This is personal and a bunch of bitterness toward me from my licensing specialist. I kept asking for a different specialist, and they wouldn't do it."

DHS claims that Murphy continued to provide care despite being ordered to cease operation.

On two occasions (May 25 and May 29), DHS workers allege that Murphy was seen transporting and caring for children in her home. Those were the same children in her care before the license revoca tion, according to court records.

"These were my son's friends," Murphy said. "I'm not operating a day care now. I sold all my day-care-related things. The kids in my care were all 100 percent paid for by DHS (subsidies). So, my parents couldn't even pay me for care."

Murphy said she plans to continue appealing her revocation and fight the misdemeanor charges. Her arraignment is set Sept. 18.

"I'm not taking this sitting down," Murphy said. "This is a ploy for DHS to say 'We're doing our job now.' DHS is using me to show that they are doing their job after they couldn't stop children from dying and being hurt in other day cares."

A nightmare -- For families depending on child care, they rely on the references of friends and family.

Brandon Riggle and his wife thought they had thoroughly checked out a Cleveland, Okla., woman before deciding to let her care for their 13-month-old son and 4-year-old daughter.

Church and school associates who knew Crystal Brummett all had kind words to say, Riggle said.

The Riggles were shocked to find extensive bruising on their toddler's back after picking Jonah up from day care on Feb. 10, 2006.

A Pawnee County prosecutor charged Jeremy Brummett, Crystal's husband, with child abuse linked to the injuries. Crystal Brummett, 25, was charged with being an accessory after the fact.

Records indicate Crystal Brummett had mailed her DHS application to operate a child-care home on the same day the Riggles reported Jonah's injuries to authorities.

DHS officials on April 27, 2006, sent Crystal Brummett a letter notifying her that the application had been denied and cited the pending charges.

Jeremy Brummett, 24, entered a no contest plea to assaulting a minor child. He originally denied the allegations, saying he only "played" with Jonah a few minutes.

"I don't believe I could beat this at trial based on evidence & witnesses I have seen," he wrote in a plea agreement.

Jeremy Brummett received two years of supervised probation on Aug. 10. Crystal Brummett received two years supervised probation after pleading no contest to being an accessory after the fact. The couple will have to attend anger man agement classes and pay court costs and fines.

Brandon Riggle said he is unhappy with the outcome of the case.

"I could go out and get in a fight in a bar and spend more time in jail," Riggle said.

Prior to the assault, Jonah Riggle could say "momma," "dadda," "night-night" and "ball" -- words that any normal toddler his age might be expected to say, his father said.

Jonah stopped talking after the assault. He didn't say another recognizable word for 14 months, his father said.

"It's just been the past two months that Jonah has begun speaking again," Riggle said.

Riggle says his daughter, Justyce, who told police she saw Jonah being struck, still shows signs of being psychologically impacted by the ordeal.

"She started having nightmares," Riggle said. "She has had a lot of acting-out problems since she saw it and the stress of having to get up in front of people and see them."

'No assurances' -- It was the May death of a toddler in a Tulsa child-care home that moved the spotlight onto the DHS licensing division.

Tulsa provider Vicki Chiles has been charged with first-degree murder in the death of 2-year-old Joshua Minton. Chiles had been operating a problematic home since 2004 with several complaints of physical and sexual abuse, many of which were deemed unsubstantiated.

After a charge was filed May 16 alleging Chiles hit an 8-year-old with a flyswatter, an emergency order was issued the following day. When DHS workers arrived to shut down the home, they walked in while emergency workers were trying to revive Joshua.

In police reports, Chiles said she had put duct tape over Joshua's mouth and bound his hands to keep him quiet during nap.

Joshua's death is ruled a homicide from excess fluid in his brain and lungs because of an airway obstruction, according to a medical examiner's report. Chiles is in jail awaiting trial.

The death launched legislative hearings led by Tulsa Rep. Ron Peters, R-Tulsa, calls for tightened child-care licensing requirements and sparked investigations by the Oklahoma Commission on Children and Youth.

DHS responded with new rules in July regarding the speed to obtain and serve an emergency order and posting complaints and inspection reports on the doors of providers.

"You're always trying to improve on your system," said DHS Director Howard Hendrick. "Sometimes, you don't know what will make a difference until something happens and we say 'Let's try this.'

"Even with these new rules, there are no assurances we won't have another episode. We just believe that with these new rules the likelihood of another episode will be reduced."

Top 10 violations

Tulsa County 1-star child care homes*

Total number of violations, followed by area of deficiency:

125, Caregiver qualifications, criminal history checked

123, Immunization records, other records maintained

47, Operable smoke detectors

45, No accessible flammable, toxic items

45, Approved fire extinguisher

43, Pets vaccinated

39, Premises free of physical hazards

36, Fire, tornado drills conducted, recorded

24, Appropriate, individual bed and bedding

23, Food safe: thermometer in refrigerator, freezer

* Based on a Tulsa World review of facilities’ three most recent inspections.

Ginnie Graham 581-8376
ginnie.graham@tulsaworld.com

Curtis Killman 581-8471
curtis.killman@tulsaworld.com