
I’m Howard Wu.
For over a decade I’ve been a lawyer and a preschool owner. My background in the law has helped our preschools stand firm against Community Care Licensing when they have overstepped, and now my mission is to help every childcare provider in California do the same.
My story
I graduated cum laude from the University of Pennsylvania Law School in 2010. In 2012, my wife and I opened Aspen Leaf Preschool in San Diego. We opened our second location 2016, and our third and fourth locations in 2020.
For over ten years I worked as a civil litigation attorney while also co-owning the preschools. My wife, a long-time preschool teacher and expert in early childhood education, led the preschools, and I handled legal and administrative matters like payroll and insurance.
How i can help
Type A & Type B licensing citation appeals
My original mission was to help childcare providers in California (centers and home-based) to be better prepared and better equipped to appeal Type A and Type B licensing citations. I wrote a step-by-step guide, created templates, gathered appeals I’d previously researched and written, and packaged it together into an affordable digital download I called my Licensing Appeal Kit (see below).
Quickly, preschools who purchased my Licensing Appeal Kit asked what I would charge to review or assist with their appeals. As a result, I began offering my Licensing Appeal Kit with a 1-hour consultation, which most folks used in connection with an appeal (we would discuss the citation and the facts, I would send an outline of how I would approach the appeal, and I’d review the appeal they put together). The Kit+Consultation remains available, though the consultation does not have to be about an appeal.
LEGAL REPRESENTATION IN ADMINISTRATIVE CASES
For childcare providers (facilities, administrators, or teachers), I can offer legal representation in Department of Social Services administrative actions (“revocation actions” in which DSS is seeking to revoke a facility’s license, or “exclusion actions” in which DSS is seeking to exclude an individual from working in childcare).
As a lawyer, my general practice area is civil litigation (civil lawsuits, for both plaintiffs and defendants). Administrative actions are similar to civil litigation in many respects–certain filings are required, there is a process called “discovery” for getting documents and information from witnesses, there is a hearing before a judge, and there are opportunities to try to settle the matter prior the hearing. For that reason, I highly recommend retaining an attorney if you are involved in any administrative action.
ongoing legal and operational advice
I am also available on retainer to provide general legal and operational advice. Clients who have retained me for general counsel are able to contact me at any time with questions, issues, or certain tasks. Because of my experience as both an attorney and a preschool owner, these span the full gamut of issues childcare providers confront. For example:
- An LPA showed up to investigate a complaint and the provider wanted to know what information they’re required to provide.
- A child experienced an accident at a center, and the family took the child to urgent care, but the physician did not administer any treatment or prescribe medication, and the center wanted to discuss whether the situation required an Unusual Incident Report to be filed.
- A center needed to expel a troublesome family and wanted assistance to draft an email that would avoid legal liability.
- A center wanted me to review and suggest updates to their parent handbook.
- A center’s employee appeared to have stolen money and the owner wanted to know what legal options were available.
Why I want to help
Community Care Licensing is broken. The agency has lost sight of its mission.
I believe that childcare centers must be licensed and regulated. It is important that families know that the centers they send their children to meet some minimum standards for health and safety.
The problem is, CCLD as it currently operates is an agency that has clearly lost sight of its mission. The law that created CCLD begins by saying that the agency “shall not” review “the content of any educational or training program” in childcare centers, which means CCLD has no concern for the quality of the education preschools provide. Instead, the agency operates essentially as law enforcement, tasked only with enforcing the licensing regulations. On that front, the bureaucracy at CCLD has implemented many regulations that do nothing for health, safety, or quality. Moreover, because CCLD’s mission is centered around enforcement, its LPAs and Regional Managers are incentivized to enforce anything and everything.
Meanwhile, most childcare centers are small businesses, whose owners typically have no background in law and who lack the time and resources to hire attorneys when CCLD oversteps. And because preschools typically don’t challenge CCLD’s instructions or decisions, CCLD is rarely held accountable when it stretches to find a reason to issue a citation, or when it tries to enforce rules that don’t even exist.
These factors have combined to create a toxic culture at CCLD, centered on obedience and hostile to accountability. The agency’s inspections of the state’s best preschools have become nothing but citation-hunting expeditions. The agency and its employees refuse to admit or apologize when it makes a mistake. And worst, when a center attempts to hold the agency accountable to its obligations under the law, the agency often retaliates, without regard for the harm done to children, families, the centers, or taxpayers.