Y Asks Why : YMCA Sues State Agency Over Denial of Licenses for Day-Care Programs

SANTA ANA —  A two-year battle over safety concerns at Orange County YMCA after-school care centers intensified Wednesday as organization officials filed a lawsuit accusing a state regulatory agency of being “arbitrary and capricious” in denying licenses for two new programs.

The suit filed in Orange County Superior Court marks the latest twist in a controversy that began two years ago when the state tried to shut down all the YMCA’s after-school care programs because of problems such as inadequate child supervision, improper documentation of staff qualifications and use of unsafe recreational areas.

YMCA officials said Wednesday that although the problems with the state-funded programs have been corrected, the Department of Social Services has been quick to harshly judge any perceived lapses.

In the latest dispute, YMCA officials contend in a statement that the state’s denial of applications for programs at Oak Grove Elementary School in Aliso Viejo and Muir Fundamental School in Santa Ana is “arbitrary, capricious and part of a long-standing dispute regarding certain [Department of Social Services] inspectors with a history of harassing the YMCA, blowing issues out of proportion and frightening parents.”

The programs, which serve about 120 students at the two schools, have been operating under a state-authorized 12-week exemption to licensing requirements, pending application approval. They may continue to operate until the exemption expires Nov. 30.

Arthur Carter, the Department of Social Services’ program manager for the Orange County office of community licensing, denied that the YMCA is being singled out for tough enforcement. He said the two programs were denied permits based on the YMCA’s track record at other facilities.

In the last year, the department has raised “serious concern about the safety of the children” at four YMCA programs, Carter said. He cited injuries to children that included bruises and bone fractures resulting from playing in allegedly unsafe recreation areas.

Those four programs--at Castille, Harold Ambuehl, Hidden Hills and Viejo elementary schools in South County--serve about 300 students and remain open while state and YMCA officials seek solutions to put them in line with state regulations for day-care centers.

The YMCA asserts that its programs meet all state requirements and that if they are forced to close, it would hurt not only the children but parents who may have problems finding day-care alternatives.

In addition to the YMCA lawsuit, which seeks a court injunction to prevent the state from closing the programs pending a review of the case by a judge, more than 40 parents whose children participate in the Oak Grove and Muir programs filed sworn declarations in support of the YMCA programs.

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Art Wannlund, president of the Orange County YMCA, admitted that the organization, which serves more than 3,000 children at 50 elementary schools in seven school districts, has had its share of safety problems such as those cited by the state. But, he said, “if perfect is the standard, all school-age programs would have to close down.”

“When our staff don’t follow procedures or procedures don’t achieve the desired outcome, we work to correct them,” Wannlund said at a news conference, where he was flanked by supporters that included parents and educators. “But no matter what we do, it never seems to be enough.”

Carter said he hopes the two sides will “reach some happy medium.” His office is also trying to cooperate with the YMCA, he said, by having five or six inspectors evaluate the organization’s day-care programs, as opposed to the usual one.

He added that he is not ruling out the possibility of withdrawing his office’s denial of the Oak Grove and Muir programs. “We’re open to any kind of conditions that [YMCA officials] have, but we just want to ensure that the children are kept in a safe environment,” he said.

While the state tried to close all of the YMCA’s day-care programs in 1994, a compromise was eventually reached, allowing the YMCA to continue its operations even as it implemented changes to address Social Services’ concerns. Since then, the organization has spent about $250,000 on new programs and staff training.

On Wednesday, several parents expressed their support for the YMCA and their outrage at the imminent closure of the programs at Oak Grove and Muir.

“As a single father, I would be in serious trouble,” said Jim Bardot, whose two sons, 7 and 9, go to Oak Grove. “It’s either sacrificing my business or sacrificing my children, and I don’t want to be put in that situation.”