Who's at Fault?

[Bookworm]

Last night, we had an incident where a toddler got out of the building and into the parking lot. It happened during our busiest time so it could have been a disater. When mom realized that DCB was outside, she ran out to get him and started yelling at the parent that saw him. Mom then went on this rant about how she's calling DSS to report us for not watching DCB. She said she's calling the news stations to report us and she will have us shut down, etc.

Now here's the question. Mom had signed DCB out 5 min before the incident and left the classroom with him. He was in her custody the entire time. She stopped to talk to another patent and he wandered off. Now who is responsible for DCB? I say mom because he was with her when the incident took place. My Director thinks we might have some liability because it happened on our property. She's is nervous because she expects a visit later today or first thing tomorrow. What do you ladies think?

[rosieteddy]

I am going to say once a parent signs their child out they are responsible.

[SquirrellyMama]

I think she would be at fault, especially since she signed him out first. No other business would be at fault if this happened in their parking lot.

Kelly

[Crazy8]

Just wondering, how did he get out the door? Is he big enough to open it? is it not locked or have any type of safety mechanism? Sounds like he was definitely in mom's care at the time but you could have some liability issues regarding door safety if it isn't up to regulations standards.

[Annalee]

I am going to say once a parent signs their child out they are responsible.

Put the lawsuit back on her. I have signs up stating the children not to leave the building except with parent/guardian. I think if the time shows she signed the child out, it is HER responsibility.

[Second Home]

I feel it is mom's responsibility to watch her child after she signs him out .

Now if the child had gotten hurt on the property while outside then she could sue and probably win . You are responsible for injuries on your property no matter whose fault . At least this is what I learned in my law classes.

[butterfly]

What proof do you have that it happened 5 minutes after mom signed him out? I would imagine your center would still have some responsibility since she/they were still on your property. I think having the record that mom signed him out will help though.

[Bookworm]

Just wondering, how did he get out the door? Is he big enough to open it? is it not locked or have any type of safety mechanism? Sounds like he was definitely in mom's care at the time but you could have some liability issues regarding door safety if it isn't up to regulations standards.

From what we saw on the camera, he ran out behind a parent with an infant carrier. It appeared that she didn't see him because they went in opposite directions. There is also video from different cameras so I don't see how mom has a leg to stand on. Oh and the Director was in her office and she never saw him. DCB is way to small to reach the bar to open the door.

[nannyde]

Tell her you welcome the complaint and you will gladly offer the video to the media. Tell her you will release her full name and the age of her child. You will also be turning this into child protective because it is negligent to not supervise your child in.or around a parking lot.

The video will hopefully end up circulating the internet and you and other facilities can use it for training videos.

[debbiedoeszip]

DCM is at fault (she not only signed him out but also took back physical custody of him by taking him out of the classroom) and will make herself look pretty stupid if she contacts anyone (DCF or news stations) about this. Her actions are just another example of how some people will blame others for their own mistakes no matter how ludicrous doing so makes them look.

[preschoolteacher]

She's at fault. But I'd still create a policy to prevent this from happening again. If he had gotten hurt on your property, you'd be liable. Luckily he didn't.

[Play Care]

From what we saw on the camera, he ran out behind a parent with an infant carrier. It appeared that she didn't see him because they went in opposite directions. There is also video from different cameras so I don't see how mom has a leg to stand on. Oh and the Director was in her office and she never saw him. DCB is way to small to reach the bar to open the door.

Has anyone contacted licensing to give them a heads up? I would say this completely falls on the parents and you have video to back that up. I wouldn't wait until they heard it from mom.

[Mom o Col]

I haven't read through all the replies yet but I always tell parents once you get here (I'm an in home child care provider) and are in the house, and have greeted your child you are now responsible for the child.

[SSWonders]

I wonder about the legality of the issue. But from a layman's standpoint, seems to me that once that child is signed out he is no longer your responsibility.

[NightOwl]

It's in our standards, actually, at least in my state. I think there was an incident that prompted it? Once the child has been signed out, the child is the parent's responsibility.

That's why, at my previous center, the parent was required to sign out BEFORE coming to get the child, because you never know what distraction may happen between the classroom door and the sign out sheets (such as a chat with another parent).

Also, in my own policies for my home, I have the parent sign off on many safety rules as part of the contact, one of which is they will not allow their child to go out the front door without them. BAM. Her fault.

I agree you should contact licensing NOW and turn the tables on her. Tell her you won't allow your center's good name to be tarnished by HER mistake. Nannyde hit the nail on the head.