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Kindertown day care wins case against state


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By Kathryn Reed

Kindertown is staying open.

The Kindertown bus will keep rolling.

The Kindertown bus will keep rolling.

It was Sept. 23, 2009, that Maria Barrows-Crist told the parents of her South Lake Tahoe day care the state would be shutting the facility down the next month.

It didn’t happen then and it’s not going to happen now. Judge Stephen Bailey ruled Aug. 26 the state Department of Social Services had no basis to close the center that has been operating for more than 30 years.

“This court holds this bias against the licensee constitutes an abuse of discretion and constitutes cause to set aside the decision,” the 26-page ruling says.

Through tears on Thursday night, Barrows-Crist felt vindicated – but not 100 percent relieved.

“They almost forced me to bankruptcy,” she said. “Look what they have done to my family. Since October 2007 they started harassing me. I really feel like I have been harassed. How about the people who don’t fight for their rights.”

Crist v. the state of California cost the plaintiff $85,000 in attorney fees. Mike McLaughlin replaced her first attorney last fall and went the distance for Barrows-Crist. Another $300,000 in income was lost in the last nine months, she said.

It’s come down to needing to have a yard sale on Aug. 27-28 at 2241 Idaho St., South Tahoe to help raise the money needed to pay the bills.

Through it all, 35 families remained with her – never taking their children out of the center. She has 100 children now. The general childcare is full, and people are calling to get in.

If the state would pass a budget, cash for the state preschool would roll in.

The ruling backs what McLaughlin presented in court and discounted what the state’s attorney had to say. The decision says there is no proof Barrows-Crist’s daughter was using drugs at the work place or under the influence while there. It backs other decisions by the center that the state took issue with.

Barrows-Crist wants to celebrate, to throw a party, but the dollars aren’t in her bank account to do so right now. For now, she sends thanks through Lake Tahoe News to the city, lawmakers, friends, families and people she doesn’t know who supported her through the ordeal.

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Comments (14)
  1. Deb howard says - Posted: August 26, 2010

    Congrats to Maria and to her awesome attorney mike. I’m thrilled for her vindication but can only imagine the pain this has caused. Maria is a strong woman and a damn good care provider as Tony and I can attest to. Thanks for breaking the new kae, see you all at the garage sale!

  2. David Kurtzman says - Posted: August 26, 2010

    Judy Kurtzman founded Kindertown in 1973. Her response to the news was “Fantastic!” I, too, am extremely pleased with the outcome. Congratulations to Marie and Mike for carrying the case forward, the judge for seeing through all the smoke, and a special thanks to those parents who stuck by Marie and helped keep the doors open. The tradition of Kindertown lives on!

  3. Hedy & Don Elston says - Posted: August 27, 2010

    We’re so very happy for you, Maria … Congratulations to you and Mike!!! You’re such an awesome person!!!
    Love you much <3

  4. JoAnn says - Posted: August 28, 2010

    Another case of the little guy vs the big gov, but right wins! Thank you Judge Bailey and Maria for sticking up for our town and your rights!

  5. doubleblack says - Posted: August 29, 2010

    The lying over zealous government employees behind this vicious attack on Kindertown should be held personally libel for their actions. Until out of control authoritarian, power mad, sicko little Stalins have to pay the price for their subversion of law and decency this kind of all to common aberrant behavior will continue. They should have no immunity with such egregious actions!

  6. Janet B says - Posted: August 29, 2010

    Curious that information regarding continued violations during the hearings couldn’t be taken into consideration. I have personal knowledge that during a recent licencing visit Kindertown was cited for having yet another “teacher” working alone with children without fingerprint clearance. It just fuels Maria’s belief that she is untouchable. As far as the effects on her family, her daughter was in fact using marijuana and WAS under the influence of it at work so if Maria wants to lay her little sob story on anyone it should be on herself for the way she raised her children. Too bad some of that $85,000 wasn’t spent on rehab for her kids

  7. Martha says - Posted: August 30, 2010

    “Janet” – we all know who you are and why you are making statements like this. You need to back off and just admit that you were beat. You lied and you were beat. This has gone to court and for you to make statements like this, is not only, not nice – but wrong. Are you are saying that Judge Bailey was incorrect in his decision?? I would like to see you use your real name and take on Judge Bailey because he is the decider (hense the title of “judge”). Back off, sister – you lost. Hail Maria! The right decision was made. Halleluiah!

  8. Kristin says - Posted: August 31, 2010

    I am absolutely outraged at the fact that our judicial system is so screwed up that they are letting this women keep her business open!! A child was given something that she knew they couldn’t have due to allergies, another child was burned because her employees were probably stoned and not paying attention. Anyone with children should not support Maria or anyone in the Crist family for that matter! I know as humans we all make mistakes and as parents, from time to time our kids will get hurt because we cant have our eyes on them 24/7 but in a licensed day care facility I should feel safe that the people caring for my kids want to be there and truly care for these children. Obviously for DeeDee she cares more about being high than the kids that she was getting paid to take care of. No wonder she has been in battle over her own children, she is an addict and needs help before her babies realize what crappy cards they got dealt in the parental department! All I can say is Maria, DeeDee, Thomas and Cory… You will all get your karma one day for the embarrasment you have caused our town!!! It sickens me to think that the judicial system wont make the right decision until a child loses their life. Anyone who truly knows the Crist family knows inside that they are scum… Its all about the money and having their names known, they dont give a crap about the kids. And DeeDee… You’re just a mess… A family of winners wouldn’t u say??!!!

  9. Kristin says - Posted: August 31, 2010

    Where is my comment? Too brutually accurate??!!!

  10. John says - Posted: September 2, 2010

    It is amazing to me that people who dont have kids that attend Kindertown continue to disrespect the Establishment.Take yourself to some of the other facilities.Our son made it TWO days at another before suffering a serious head injury.It was so serious that the schools policy was changed.My point is we as humans make mistakes.Our child has attended Kindertown for almost 4yrs,he loves it and so do we.I did and always will do what is best for our child,and kindertown is exactly that.GOD said.” He that has never sinned may throw the first stone”.Now which one of you hippocrits wants to throw first.Leave Maria,her family &Kindertown alone.It has and always will be a great place for children of all ages.

  11. Michele says - Posted: September 6, 2010

    Hi, I’m a teacher at Kindertown and I have been for 3 years. I am really offended at some of the things people are saying about the place that I work at. I think it is incredible that you are talking about Maria’s family and their choices when they don’t even work at the facility. Myself and the other teachers at Kindertown love those children and do our very best to ensure that no harm comes to them. Mistakes happen we are not the only center to make those mistakes. It really hurts me to see people saying that ” all the teachers at Kindertown do drugs” I don’t do drugs, I don’t even drink. There is really no reason to be so hurtful and vindictive when you don’t even know the people you are attacking.

  12. Michele says - Posted: September 6, 2010

    And Janet I would like to remind you that all three of her children are adults and make their own choices you can only blame parenting for so long before people have to realize that as an adult you make your own decisions and have to take responsibility for them.

  13. Lisa says - Posted: September 7, 2010

    My little boy went to kindertown for 3 years and loved every minute of it. Maria has an incredible program and I saw nothing but total devotion to the children.
    I think that a lot of the personal bashing in some of these comments are awful and childish.
    Please be kind and let Maria go back to doing what she does best…..field trips, skiing, swimming, pumpkin hunting, arts and crafts….all for the children.

  14. Gia Schrauben says - Posted: September 16, 2010

    I want to extend a huge thank you to Maria for taking on the State of California and going toe to toe with such a powerful untouchable government entity. It takes guts, strength, passion and fortitude and most of all genuine love for the thousands of children that have gone through those Kindertown doors. I have been involved since day 1 of this story with Maria and the State and to this day I still stand behind her and my decision to keep my children enrolled during the legal proceedings. I never once doubted the care my children received and feel nothing but admiration for Maria and her staff, they all have an extremely difficult job.

    To the individuals who continue to insult Kindertown, Maria and her staff, I have an idea for you to try. Give Maria a call and let her know you really need insight and perspective into exactly what is involved in running a daycare and would LOVE to spend the whole day at Kindertown working from 7:30am-7:00pm caring, feeding, teaching, disciplining and handling several children at a time who have numerous behaviorial and developmental problems and then let me know how that works out for you.

    I think the court document where the judge ruled AGAINST the state be published for everyone to read and if you still don’t agree take it up with Judge Steven Bailey at our Superior Court and see how that works out for you as well. Maria, I will continue to support you, keep your head held high and chin up girl!