What Can Licensing Investigate You For?

Can you get into trouble from your licensor if you use swear words in a post on social media?

Maybe.

Someone reported seeing a provider in Minnesota using swear words on a social media site and reported it to the provider's licensor. The licensor told the provider that if this happened again it could lead to a formal investigation.

The provider asked her licensor to point out what licensing rule she was violating, but the licensor refused. The provider then asked her licensor to put her request in writing, but again the licensor refused.

When the provider complained about this, the licensor said, "I can use anything I see in your personal life as a cause to investigate you."

Is this true?

Licensing can always investigate you for potential violations of licensing rules, whether they get information from social media or from someone who calls to make a complaint. Investigating a complaint and finding that there was a violation are two different things.

However, licensors need to be able to cite specific language in the rule before chastising a provider for her comments on social media. If she can’t, then I don’t see what there would be to investigate.

Can licensing use your personal social media posts to instigate an investigation? Yes. I’ve seen providers investigated for saying things on their personal Facebook page such as: “I’m feeling down this week. I don’t know what I’m going to do about this child. This child is driving me crazy.”

These comments can certainly seem innocent, but can also be viewed by licensing as a sign of depression or a threat.

Therefore, you should assume that anything your write on social media could be seen by your licensor (even if it's only shared with "friends" on Facebook). If you think what you might say would put you in a negative light from a licensor point of view, don't say it!

Does using swear words rise to the level of an investigation? No way.

My advice

Here's my advice if your licensor is complaining to you about something, but is not instigating an investigation and not telling you what rule you are potentially violating:

Send an email to your licensor summarizing your conversation about the complaint the licensor received. Ask her to respond via email if there is anything you said in your email that is not correct. Send a copy of the email to her supervisor. Keep a copy of the email for your files.If this happens again, make another written summary of your interaction and send it to her and her supervisor. Next, contact her supervisor and complain about your licensor’s behavior. Ask the supervisor to clarify their policy about complaints that don't rise to the level of instituting an investigation.

If you don't get satisfaction from the supervisor, contact your state licensing department and ask them for a policy clarification.

In summary - Be careful what you say, but don't let your licensor push you around with a threat of an investigation unless they can cite a potential licensing violation.

Has something like this happened to you?

Tom Copeland - www.tomcopelandblog.com

Image credit: https://www.wildoats.com/blog-posts/relax-naturally-kava/

For more information about how to deal with licensors, see my book Family Child Care Contracts & Policies.