July 7, 2004 Child-care regulator fired after refusing new post
``Why all the sudden after eight years I'm not a successful or viable commissioner is very perplexing to me,'' said Ardith Wieworka, who was booted as the head of the state Office of Child Care Services Wieworka has publicly questioned whether her recently announced plans to marry her female partner cost her the job. Her boss, state Health and Human Services Secretary Ronald Preston, yesterday dismissed such speculation as ``outrageous.''``I'm rather personally hurt by that,'' he told reporters before meeting with Child Care Services employees. ``I didn't even know she was getting married.'' November 18, 2003 Cupo attorney seeking separate trials WORCESTER -- The lawyer representing the owners of the Piccolo Mondo Learning Center asked a Superior Court judge Monday to hold two separate trials for a lawsuit brought by two mothers "Due to the adult nature of these cases it would be extremely prejudicial if they were tried together," Lucy Halatyn, the lawyer representing the center and Cupo, said. Mothers of boys abused at day care file lawsuit note: These parents are Mother # 2 and Mother # 3 Picollo Mondo parents and supporters say enough is enough we want accountability for this crime against our children and the learning center they attend. August 18, 2003 Expose the Office of Child Care Services Today we start in conjunction with the FREE FRANK Campaign to expose the Office of Child Care Services and the Department of Social Services for filing false and misleading accusations. For implying to some parents that other children were abused and projecting sexual accusations by some children that never occurred. The attempt to close the Picollo Mondo learning Center placed two hundred members of our community in great distress. Many parents reported their children being upset, their educational process being disturbed and their family lives being turned into turmoil. Those of us who know and love Picollo are proud to send out children to the center and have believed since the beginning that these accusations against Ms Cupo were contrived for the purpose of inflating public perception towards the conviction of Mr. Garcia. The information to clear Mr. Garcia has been available in the Picollo Mondo learning Center since the arrival of the Leominster Police three days after Mr. Garcia's arrest. The attempt of Ms Cupo to bring light to the fact that this child had a previous history of licking teachers arms and faces, that the Learning Center had documented evidence in the child's record and that the parents had been aware of this trait and were previously notified. It is our belief this is the principal reason for the false child abuse charges filed against Maria Cupo. When teacher Karen
Crumbley went to the Leominster police station to
report her observations of the third child's
statements Ms Crumbley then became subject to an
OCCS sanction that removed her from her teaching
position. When OCCS Lazu lost that sanction,
investigator Lazu on September 26, 2002 with the
help of parent 3 filed a false 51A child abuse
report against Ms Crumbley. This child neglect
report was screened out when parent 3 refused to
allow anyone from the department of Social service
to speak to her son. OCCS Lazu also accompanied
parent 3 to the meeting with DSS investigator which
she refused to have unless OCCS is present. Parents Angry at Closing of Leominster Day Care by DSS and 'Child Care Services'
The parents held a press conference on Thursday to show support for Cupo and to vent their frustration at the way the licensing agency, Office of Child Care Services, and DSS turned on Cupo and tried to shut her down because of her employee's alleged actions. Cupo was accused of putting children at risk and interfering with an investigation among other alleged violations. Last August, parents rallied outside the Center holding signs in support of Cupo. She was cleared at the time and then reinvestigated by DSS upon the filing of a new 51A. In early February she was cleared again by DSS. February 12, 2003DSS drops probe of day care directorLEOMINSTER-- An allegation of abuse brought by a state child welfare agency against the director of a Mechanic Street day care center has been dropped, the lawyer for the center said yesterday. Piccolo Mondo Child Care and Learning Center lawyer Mark M. Mulligan said the Department of Social Services found it could not support the neglect complaint after an administrative review.
State: Piccolo Mondo neglect probe was
'unsupported' In a letter dated Feb. 6, the Department of Social Services said it has completed its investigation of Piccolo Mondo president Maria Cupo and "made the determination to change the records to reflect that the investigation should have been unsupported." UPDATE: Monday, February 10, 2003 DSS DETERMINES MARIA 'unsupported' in letter received today. Exactly 30 days after original hearing date. Since June 13, 2002 Maria Cupo has been unable to work as her position as director of Piccolo Mondo due to the allegations of child neglect. On June 25, 2002 Maria was cleared of the first investigation. Mysteriously a second investigation in to the same incident was regenerated by the production of a very questionable 51A filed by Leominster Det. R Gallant. This is the "Supported" findings that have just been reversed. Maria cleared will now request an immediate reinstatement to her position as daycare director. Read Letter dated February 6, 2003 . UPDATE: Thursday, February 6, 2003 No word has been sent from either Counsel Virginia Peel or Fair Hearing Officer Ann Dale. UPDATE: Monday, February 3, 2003 No word has been sent from either Counsel Virginia Peel or Fair Hearing Officer Ann Dale. UPDATE: Monday, January 27, 2003 Still no reply from DSS Counsel Virginia Peel. Seventeen (17) days after her agreement that she would notify Ms Cupo on DSS offer of reversal within seven (7) days. UPDATE: Friday, January 24, 2003 Diane Cuarran, DSS representative for Counsel Virginia Peel, who was in meeting all day stated: "No response, still reviewing" UPDATE: Wednesday, January 22, 2003 No word has been forth coming from Attorney Virginia Peel in response to the decision of reversal presented by the "Department". The 51A in question was presented based on the fact that police Detective Gallant passed threw a hallway in April of 2002, and observed children in said hallway. A mandated reporter must file a report immediately according to Scott Schoiefied Director SI Unit (Special Investigation Unit) for the Department of Social Services. This would make Det Gallant "negligent" by the mere passage of time. We would also question the fact that Det Gallant called the Worcester DISTRICT ATTORNEY'S office Lisa Cotter first. (see police document) One can plainly see this mandated reporter was "instructed" to file said report and came to no "reasonable " conclusion on his own. MGL: Chapter 119 section 51A reads, "reasonable" determination of neglect. Where did this Mandated reporter form sit from July 31,2002 to August 12, 2002 when it finally receives an intake number? The 51A filed does not accurately represent the mandated form sent by R Gallant that was also telephoned into DSS on July 31, 2002. Also disturbing is the presentation of erroneous violations by Investigator Fernando Lazu from OCCS to Detective R Gallant. *No Hallway in any building, School, Nursing home, Hospital or City hall is controlled by licensing. *Proper background checks were done for Mr. Garcia. The information was listed in his personnel record. In addition Ms Cupo had done additional CORI's on all her employee's in November of 2001. * Piccolo never operated over limited school age license, all attendance is computerized. Piccolo is allowed to enroll more children than license permits due to staggered attendance. (i.e. some children only attended two days a week). *Ms Cupo never contacted any agency to interfered with this investigation, on the contrary DSS supervisor Laura Brody notes in her report of 06/25/02 Ms Cupo was cooperative. *MGL: Chapter 119 section 51A reads a "Child" at risk of neglect. No child was at risk of neglect listed on the report due to the fact that the child listed was not present in said hallway. January 17, 2003 DSS denies harassing child center By Matthew Bruun, Telegram & Gazette Staff LEOMINSTER-- The embattled leader of the Piccolo Mondo Child Care and Learning Center is accusing the state of denying her rights to a hearing on allegations of neglect. But the state Department of Social Services said the hearing, which had been scheduled for last week, was scuttled because owner Maria D. Cupo arrived without a lawyer. Mrs. Cupo and her supporters spoke with reporters yesterday about the months-long investigation of the day care center, which began last summer when a teacher was arrested on multiple charges of indecent assault and battery. They blasted the treatment the center has received from the state and pointed to ongoing support from parents as evidence that Piccolo Mondo is a safe and nurturing environment for children. Piccolo Mondo head: Probe into neglect charges was botched
LEOMINSTER -- The director of an embattled Leominster day-care center is claiming state and local officials have mishandled the investigation into neglect charges at the facility. Maria Cupo, director of Piccolo Mondo Child Care and Learning Center, contends the state Department of Social Services unfairly denied her a hearing on the neglect charges last week. A hearing scheduled for last Friday was continued by the state, and Cupo's backers say they are frustrated at the lack of progress in the case. "Maria was denied a fair hearing," said Mary Jean, advocate from the Worcester Voice, an anti-abuse group that works mainly with victims of clergy sexual abuse and childhood injustice. Cupo said she subpoenaed 21 parents of children who use the center to testify in her behalf, only to be turned away. "Our teachers are astute to the point that they would know if any child had any kind of despair," Cupo said. "If a child had been violated in any way, shape or form, verbally or physically, we would know." Cupo said Thursday she was shocked that General Counsel Virginia Peel had been granted a continuance by hearing officer Ann Dale last week. NOTE: DSS does not have the authority to require legal representation by a lawyer by their own regulations: CMR10:02 Fair Hearing and Grievance Definitions AUTHORIZED REPRESENTATIVE MEANS ANY PERSON, SUCH AS A LAWYER, ADVOCATE, RELATIVE OR FRIEND, WHO IS AUTHORIZED IN WRITING BY ANY PARTY TO REPRESENT THAT PARTY. DSS SPOKESMAN Michael McCormack AGAIN PROJECTED FALSE INFORMATION TO COVER FRAUDULENT MATERIAL PRODUCED DURING THIS INVESTIGATION. January 10, 2003 Maria denied Fair Hearing On January 10, 2003 numerous people car pooled from Piccolo to 24 Farnsworth Street Boston, to have prescheduled Fair Hearing. A call was placed to confirm the hearing that afternoon. Upon arrival Maria was informed by General Counsel Virginia Peel that she had just had Maria"s case placed on her desk in the morning. Ms Peel then stated District Attorney John J.Conte's office, ADA Mary Sawaski (508-792-0214) was still considering charging Maria criminally for not filling a 51A child neglect report on time. (OUTRAGEOUS). Ms Peel also stated she feared for Maria, she was Looking out for Maria. When Maria refused to be intimated and would not agree to a continuance, Ms Peel demanded a continuance, and it was very apparent that a prearrangement existed with hearing officer Ann Dale. It is our contention Worcester District Attorney John J. Conte knows Leominster Police officer Det R Gallant is guilty of filing a false 51A which was needed to restarted this second investigation and prompted by OCCS investigator Lazu . Chief Peter Roddy was informed on October 23,2002 and has as of yet refused to initiate any action toward Det Gallant. After a verbal exchange between advocate Ms Jean and Attorney Peel it was agreed that the Department would give their decision of "reversal" within seven (7) days to Maria. If the department does not voluntarily decided to reversal the "supported" findings, then a Fair Hearing will be scheduled in thirty (30) Days. Please read the motions filed to hearing office Ann Dale outlining the blatant offenses and violation of the rule and regulations conducted by DSS, Laura Brody and OCCS Lazu with no disregard to the consequences of their actions. Not one child was helped by this investigation conducted by DSS, this second investigation is an outrage to every tax paying citizen and parent in Massachusetts. Motion for dismissal 51A filed 08/12/02 Motion for dismissal #2347501 51A filed 09/20/02 Anne Dale Hearing Officer letter dated January 13, 2003 General Counsel Virginia Peel FAIR HEARING JANUARY 10, 2003 Learn about fair hearing Subpoena's issued December 19, 2002 Release of documents produced by this latest DSS Investigations No criminal charges were derived by this investigation. After more than a 3 month investigation into the actions of Maria Cupo the only supported 51A against Maria was written and supported on September 20, 2002 by DSS Supervisor Laura Brody. Detailed account of fabricated material against Maria, Listing almost the exact wording of OCCS investigator Fernando Lazu and directly contrasting Ms Brody's first report of June 25, 2002. Ms Cupo has been forced out of her position of Daycare Director by OCCS in direct violation of Reg 102 CMR 7.05.8 which clearly states Daycare facilities must go no longer than two weeks without a director. October 24, 2002 Karen Crumbley's 51A child neglect charge that was generated by the meeting with OCCS investigator Ferndo Lazu on September 26, 2002 arrived via letter in the mail today as unsupported. Karen was entitled to this decision as of ten days by law. By receiving the answer 28 days later she was forced to stay on administrative leave, causing great strain to both herself an the children at Piccolo. This brings to a conclusion of a total of seventeen (17) different 51A's generated. The latest round included three (3) additional sexual abuse charges against Mr. Garcia, (No additional criminal charges filed by Worcester DA's Office) Two (2) against Maria Cupo for neglect, and One (1) against Karen Crumbley for neglect. It has been announced by Dave McGrath, Assistant Commissioner for Field Services, that investigator Ferndo Lazu is not licensed, Mr. McGrath also stated he doesn't know if a license is required? Per Mr. McGrath on Thursday September 26, 2002 The proper procedure to file a complaint against an investigator would be. Including the name of the investigator: List your complaint: included your name and address: Attention to Dave McGrath 1 Asburton Place, Boston Ma 02108 or call 617-851-3141cell or 617-626-2069 office Currently, OCCS has no set procured for investigating an investigator. Mr. McGrath stated "he would review the material and make a decision". The additional filing of a 51A against Karen Crumbley on September 26, 2002 by investigator Lazu, clearly illustrates the inability of this investigator to do a proper investigation. Should he not of determined this back in June? Plainly, the intentions of OCCS investigator, Lazu in conjunction with "a few" parents have conducted a constant attack against Piccolo. These action will no longer be allowed to continue. If the timely production of false information, constant flood of personal attacks and property damage to both the daycare center and Mike and Maria personnel home, does not stop immediately, then the "Voice" will have no other choice but to release the names of such parties and information will be distributed and "proven" factual information will be publicly set forward. No additional charges since the original determination from DSS June 25, 2002 have come forward. All continued complaints have been "UNSUPPORTED" NO CRIMINAL CHARGES ARE PENDING AGAINST MARIA OCCS is out of control, the continued inability of Ardith Wieworka to timely address issues, resolve obvious discrepancies, and harness this rouge investigator demonstrates, the care for children and families is not the paramount concern of Ms Wieworka or OCCS. COMMONWEALTH OF MASSACHUSETTS OFFICE OF CHILD CARE SERVICES Suffolk, ss Docket # GDC-02-68 OFFICE FOR CHILD CARE SERVICES v. PICCOLO MONDO LEARNING CENTER, INC. REQUEST FOR ADMINISTRATIVE RECONSIDERATION OF CERTAIN SANCTIONS AND MOTION TO STAY THE EFFECTIVENESS OF THOSE CERTAIN SANCTIONS PENDING THE OUTCOME OF THE ORDER September 18, 2002Center seeks reliefBy Christine Guilfoy, Telegram & Gazette Staff
LEOMINSTER-- The Piccolo Mondo Learning Center will try to reach
an agreement with the state to allow the popular Mechanic Street preschool and
kindergarten to remain open without the burden of potentially ruinous sanctions,
the school's lawyer said. September 14, 2002 Day care worker appears in courtBy Matthew Bruun, Telegram & Gazette Staff .......The Piccolo Mondo Child Care and Learning Center, where Mr. Garcia was employed when the allegations were made, is the subject of a state investigation for its handling of the case. Several parents of Piccolo Mondo children, meanwhile, have spoken out on behalf of center Director Maria D. Cupo, who was sanctioned by the state Office of Child Care Services in the wake of the allegations against Mr. Garcia....Mrs. Cupo is appealing the sanctions. Day care worker appears in court September 4, 2002
Editorial on Piccolo Mondo misstated
parents' concerns (Fitchburg Sentinel) August 23, 2002 Piccolo Mondo provides a loving, caring environment We are proud parents of three children who have attended Piccolo Mondo since their infancy. Our motivation in writing this letter is to tell all those reading this is that Piccolo Mondo Child Care and Learning Center is not a typical center, nor is Maria Cupo or the staff typical caregivers. This center provides a partnership in parenting through its education, caring and nuturing establishment. It loves, protects, encourages, supports, builds self-esteem and self-confidence in our children. The staff have always put the welfare of the children in their care first. If the Office of Child Care Services is successful at revoking the license of Piccolo Mondo, it will be destroying this "A+" learning center. All five of us are proud to be called "Piccolodians. "Thank you, Maria and staff, for loving, protecting and sharing in the growth of our children. You are all in our thoughts and our prayers. SHEILA MILIOTO
Day-care owner: DSS probe cleared me
LEOMINSTER -- "It's all about the kids," said Maria Cupo. "Not just the ones that are still here, not just the ones that are making allegations -- they are all my kids." Cupo, owner of Piccolo Mondo Child Care and Learning Center, held a press conference Monday after meeting with Department of Social Services workers in an effort to retain her day-care license and open her kindergarten next month. She and her lawyer say DSS investigated allegations about the school and found no fault with Cupo's management. Day-care owner: DSS probe cleared meAugust 20, 2002 Piccolo faces new chargesBy Christine Guilfoy, Telegram & Gazette Staff “To close this place is an injustice to all the children,” said parent Joseph Ranucci, whose youngest child was slated to attend the kindergarten this fall. The Worcester Voice has conducted a complete investigation of all relevant State reports, staff and parents in reference to the Piccolo Mondo Daycare and Learning Center. The following decision was reached: Clear and conscience evidence has been presented to demonstrate that OCCS purposely released "order to protect children" which clearly contains inaccurate facts, intentionally to reveal false information against Maria Cupo and arouse media hype critical of the Piccolo Daycare Center. These action have caused great emotional turmoil for the young children and parents attending this facility. No other State Agency confirms OCCS findings: To stop the opening of this Nationally Accredited Kindergarten program only projects pure punitive actions by OCCS towards attending children and parents at Piccolo Mondo. We stand behind the administration, staff, and Parents at Piccolo Mondo who will request on Monday August 19, 2002 an immediate injunction from the Secretary of Health and Human Services, Robert Gittens, rescinding OCCS Kindergarten stipulations. Secretary of Health and Human Services Robert Gittens: telephone (617) 727-7600 fax (617) 717-5134 One Ashburton Place, RM 1109,, Boston, MA 02108 Commissioner of the Office of Child Care Services: Ardith Wieworka telephone 617-626-2000 fax 617-626-2028 e-mail: commissioner. office@ state.ma.us One Ashburton Place, RM 1105,, Boston, MA 02108 read statement from Ms Wieworka: She thanked me for my comments, and said she had an open mind about the situation. However, she disagreed with my description of the positive environment at Piccolo. She said that, at Piccolo, it was pretty bad. The commissioner has never visited Piccolo Mondo. Piccolo Mondo is an exemplary child-care center Spokesperson for OCCS: Kate Arsenault telephone 617-626-2064 cell 617-359-7172 Assistant General counsel for the OCCS Denise Kailin telephone 617-626-2052 Local OCCS office in Wesboro Donna Cohen Avery Regional Director telephone 508-871-7181 The following are the listed documents reviewed: Commonwealth of Massachusetts Office of Child Care Service (OCCS) 1.ORDER TO PROTECT CHILDREN: NOTICE FO ACTION TO REVOKE AND NOTICE OF SANCTIONS: 2.INCIDENT # 32164 REPORT FROM RECENT INVESTIGATION Dated August 6, 2002 4. Leominster Criminal docket:0261CR000840 certified court copy 0261CR000843 certified court copy 0261CR000844 certified court copy 265/13B/A Indecent A & B on child under 14 c265 13B 5. Reviewed Reporting Child Abuse: Rights and Responsibilities for Day Care Providers 6. Letter written to parents by Maria Cupo in notification of Frank Garcia allegations 7. Interviews with Teachers employed at Piccolo Mondo 8. Interview: with Mike and Maria Cupo. 9. Attended Meeting: Tuesday August 15, 2002 in attendance two thirds the parents. Attorney Richard Connolly of Ferriter Scobbo & Rodoophele PC presented Sanctions dictated by Massachusetts Child Care Licensing board. 10. Interview: with parents of children attending Piccolo Mondo 11. Review Complaint #27676: Office of child Care Service via Montachusett Regional YMCA dated September 5, 2001 Police logs: Indecent assault report at Piccolo Mondo child care center
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The
top child-care regulator in Massachusetts was
bounced yesterday morning when she refused
reassignment to what she dubbed a ``fake job''
elsewhere in state government. 
