Legalities of Childcare

[Country Kids]

Took a class on this and it was definetly an eye opener!

I can't believe the things parents have sued over or providers have been responsible for.

I also learned: Do not let staff or your own children babysit for clients. If anything happens to the child the parents can come back on your business because staff/own child should have been taught about the childcare business. It can come back on you that they weren't.

Have children within the hours you are open. If a parent comes before openening or comes after closing and something happens to child, your insurance may not cover it as child was not there during "business" hours.

Parents legally have a right to pick up if they are under the influense. You can cover yourself by documenting, calling police or when they sign up having a form for parents to sign stating exactly what will happen if they pick up under the influence.
This is a tricky situation as more people have the medical marijuana cards and I guess this has created issues for parents picking up children from child cares if they smell like they have been smoking or appear to have been.

These are just a few of the things I did learn and heard so many stories that made your mouth just drop open.

[nannyde]

Took a class on this and it was definetly an eye opener!

I can't believe the things parents have sued over or providers have been responsible for.

I also learned: Do not let staff or your own children babysit for clients. If anything happens to the child the parents can come back on your business because staff/own child should have been taught about the childcare business. It can come back on you that they weren't.

Have children within the hours you are open. If a parent comes before openening or comes after closing and something happens to child, your insurance may not cover it as child was not there during "business" hours.

Parents legally have a right to pick up if they are under the influense. You can cover yourself by documenting, calling police or when they sign up having a form for parents to sign stating exactly what will happen if they pick up under the influence.
This is a tricky situation as more people have the medical marijuana cards and I guess this has created issues for parents picking up children from child cares if they smell like they have been smoking or appear to have been.

These are just a few of the things I did learn and heard so many stories that made your mouth just drop open.

Interesting! Tell me more.

I will never allow a parent under the influence to take off with one of my babies. That's an arrest I'm willing to take.

[crazydaycarelady]

Yes, we want more! LOL

I have never had a drunk parent show up but I would put up a fuss for sure!

I had someone complain to the state because I had a fish tank (the parent didn't like that the water had a heater.) Sad for the kids because they really enjoyed those fish.

[TwinKristi]

Interesting! Tell me more.

I will never allow a parent under the influence to take off with one of my babies. That's an arrest I'm willing to take.

Yeah I can't imagine just saying "ok, you're within your legal rights to break the law so here ya go! Bye!" Heck to the no! I would call the police before I let them take a child and get in a car under the influence. Obviously if they are under the influence the police can test them right then and there and decide. Would they have a legal leg to stand on in court because "my provider wouldn't let me take my child when I was driving drunk" :confused:

[Blackcat31]

Took a class on this and it was definetly an eye opener!

I can't believe the things parents have sued over or providers have been responsible for.

I also learned: Do not let staff or your own children babysit for clients. If anything happens to the child the parents can come back on your business because staff/own child should have been taught about the childcare business. It can come back on you that they weren't.

Have children within the hours you are open. If a parent comes before openening or comes after closing and something happens to child, your insurance may not cover it as child was not there during "business" hours.

Parents legally have a right to pick up if they are under the influense. You can cover yourself by documenting, calling police or when they sign up having a form for parents to sign stating exactly what will happen if they pick up under the influence.
This is a tricky situation as more people have the medical marijuana cards and I guess this has created issues for parents picking up children from child cares if they smell like they have been smoking or appear to have been.

These are just a few of the things I did learn and heard so many stories that made your mouth just drop open.

Definitely interesting.

Wish all parents had to take that course.

It would help them understand then why I do what I do as far as rules and policies.

I already have myself covered in all the above situations.

[jenboo]

Hmm. I have a family that will be coming a half hour early (outside of my business hours) for a couple months... Should I call licensing and get my hours changed??

[Country Kids]

Actually all parents won in most of the situations they were telling us.

I guess its not a course you would want parents to take as it would open up all kinds of things.


Oh one more very interesting thing-your parent handbooks/policies WILL NOT stand up in court! Only your contracts and a contract is only a document that is covering fees for payments and such.

I see where Nannyde and a couple others wanted to hear more. What kind of things would you like to hear?

[Country Kids]

Hmm. I have a family that will be coming a half hour early (outside of my business hours) for a couple months... Should I call licensing and get my hours changed??

Yes, yes and yes!!!!!

[AmyKidsCo]

Was this a Tom Copeland training? It sounds like a lot of things he talks about.

I just had a similar conversation with my 9 yr old, about why he can NOT pick up any of the daycare children. I finally found Tom Copeland's blog post that mentions a provider being sued for $300,000 because an older child dropped an infant. I think that finally got through to him.

[Country Kids]

Was this a Tom Copeland training? It sounds like a lot of things he talks about.

I just had a similar conversation with my 9 yr old, about why he can NOT pick up any of the daycare children. I finally found Tom Copeland's blog post that mentions a provider being sued for $300,000 because an older child dropped an infant. I think that finally got through to him.

No it was a class our R&R did for us. So interesting!

Kinda makes me rethink this profession after 17 years and the risk I'm putting myself and family through!

[Country Kids]

Oh one more thing I wanted to post and forgot!'

Parent have two years to come back on a child for an injury.

A child has up until they are 18 years old!

Also, never ever offer to pay anything for a childs injury until a lawyer is contacted. If you offer or pay it is admission of guilt.

[Bookworm]

Hmm. I have a family that will be coming a half hour early (outside of my business hours) for a couple months... Should I call licensing and get my hours changed??

Not trying to hijack but I have a question similar to this. I open my center so I get there 20 min before opening. There have been times when parents show up after I do and try to enter. I tell them we're not open yet and they go back to the car. There have been countless times when I've seen the parent let the child(ren) run around the parking lot. I tell them for safety issues, they have to stay in the car. My question is if they were injured on the property even though we're closed, are we liable? Does my being in the building but not on the clock make a difference?

[Daycare Insurance]

Not trying to hijack but I have a question similar to this. I open my center so I get there 20 min before opening. There have been times when parents show up after I do and try to enter. I tell them we're not open yet and they go back to the car. There have been countless times when I've seen the parent let the child(ren) run around the parking lot. I tell them for safety issues, they have to stay in the car. My question is if they were injured on the property even though we're closed, are we liable? Does my being in the building but not on the clock make a difference?

The short answer is yes, you are liable, it is still your premises and the parents have the right to sue you. Make sure you are operating with good liability insurance.

[Country Kids]

The short answer is yes, you are liable, it is still your premises and the parents have the right to sue you. Make sure you are operating with good liability insurance.

Thank you for chiming in!!!

I never knew there were actual companies for Daycare!

[Daycare Insurance]

Oh one more thing I wanted to post and forgot!'

Parent have two years to come back on a child for an injury.

A child has up until they are 18 years old!

Also, never ever offer to pay anything for a childs injury until a lawyer is contacted. If you offer or pay it is admission of guilt.

Id like to chime in on this if I may. It is 100% Accurate that a child can make a claim up until the age of 18, so make sure your insurance policy is on an occurrence form. The insurance company will pay if its a covered claim during the policy period in which the incident occurred. A Claims-Made form may not pay for these incidents.

As for the offering to pay for the injuries, You want to make sure you have an accident medical policy to pay for these minor injuries. Most of the time as long as the medical bills are taken care of parents can be very understanding. And if they decide to sue you, which they will have the right to do whether or not you admit any guilt, your liability insurance will defend you and pay any claims arising out of the injury if it is a covered loss.