Do You Take Kids That Need Epi-Pens and/or Have Severe Food Allergies?

[LysesKids]

I think I remember Tom saying something about parents being able to sue even if you have something in your contract. I think the issue at the time he said that was if a child got hurt at your house. I could be wrong, but something to look into.

How could they win if they knowingly ommited info that was vital to the care of their child? that is why I have it in the policies... if they purposely ommited info or they falsified it, it can keep me from taking proper care of their child; to me that is grounds for immediate term too, because they put me and my business in harms way

[melilley]

How could they win if they knowingly ommited info that was vital to the care of their child? that is why I have it in the policies... if they purposely ommited info or they falsified it, it can keep me from taking proper care of their child; to me that is grounds for immediate term too, because they put me and my business in harms way

I'm probably wrong. It just popped in my head that someone put in their phb that if their child gets hurt on their property, they can't sue the provider. This may be something totally different.

[sugar buzz]

One of my first DCK was allergic to dairy, eggs, wheat, nuts, and fish. He needed daily nebulizer treatments for asthma. DCM also mentioned it to me in a "by-the-way and will this be a problem" manner, AFTER I had agreed to take him. She was a lawyer. (I really can't believe that I didn't kill him! I put bird seed in the sensory table, outside, not realizing it had tiny chopped-up peanuts in it.....)

If this situation occurred, now, I would explain that a family daycare home is probably not the safest environment and try to talk her into a center. If your family loves peanut butter or dairy products, they should be able to eat them in their own home....

[LysesKids]

I'm probably wrong. It just popped in my head that someone put in their phb that if their child gets hurt on their property, they can't sue the provider. This may be something totally different.

That is different... injuries like broken arms is why I have insurance . A parent who knowingly puts me at risk because they refused to tell me something that could potentially kill their kid would not have a leg to stand on especially if I have it signed in two places of the consequenses once I found out ... BTW, I do take special needs kids who have milk allergies.

[melilley]

That is different... injuries like broken arms is why I have insurance . A parent who knowingly puts me at risk because they refused to tell me something that could potentially kill their kid would not have a leg to stand on especially if I have it signed in two places of the consequenses once I found out ... BTW, I do take special needs kids who have milk allergies.

Makes sense, it is different.
I too have a child who parents say has a milk and gluten allergy. (dr. note says intolerance). It isn't difficult for him to not have it, but if he touches it, nothing will happen, but if it did I don't know that I would have him here, I have a 3 and under crowd and it gets messy here... I never thought of putting something in my phb like you did, good idea!

[LysesKids]

Melilly...

My little dude is My Drop-in Foster baby; the Foster mom (& state) know that they would be gone in a heartbeat if I hadn't had Doctors notes Before day 1. I have terminated families on the spot too for omitting info. To bad, not so sad...

don't tell me munchkin is ok, then I find out he's suppose to be on meds that you neclectfully forgot to give before drop-off; 2 hrs in was enough to call dad and say look, is there something you need to tell me? They were gone within the next hour. That's pretty much when I stopped doing drop-in for even 3 year olds... my group is under 2's only now

[cheerfuldom]

I am worried about the legality of saying you won't care for someone because of a special allergy need...
However, I would find another reason not to do it if possible.
I had a child in my Kindergarten class, non-verbal, with a peanut allergy and of course I was not trained in anything. She came to school on the first day, having skipped the getting-to-know you interview and registration, with a sticker on her shirt that said 'peanut allergy.' I made her sit in the office until the secretary could figure out what that meant - no actual peanuts to eat? Does she have reactions to the dust of other kids eating foods made in a factory that also processes peanuts? Does she have an epi-pen to use? (Poor secretary, we had no nurse). Later in the year she also ended up getting a hold of a peanut butter sandwich on a field trip and we had to call 911.
That girl alone was enough to scare the pants off of me, I don't know if I could do another one.

I am not worried about it. I am legally unlicensed. I can tell parents whatever I want. I was honest and professional in my response by saying that I cannot meet their need (regarding a dairy free home) so it wasnt like I was saying no so much as them saying they want XYZ and me saying "sorry I dont offer that". Same response if I said no I dont offer no-nap service, preschool curriculum or any of the other million things parents ask for. I dont feel that a busy home provider that works alone and is not set up for an allergy free home and being honest about all that and saying no to care is "discrimination". You (general you) cant force me to babysit your child by hollering about discrimination. Saying no you cant come to school is entirely different, as your case was. Although I am shocked that parents would send a non verbal special needs kinder to school with just a sticker as warning. what is wrong with people?!?! what if she took the sticker off?

and yes, this is a home. I have four kids of my own and we regularly have friends over and parties. there is NO way I could guarantee a milk or peanut free environment. I dont have regular staff, a cleaning service, separate kitchen area or anything special. Its just me, all day. I realize some providers are willing to work around a special diet.....I will work around that. but I wont have an ____-free home due to one childs needs. If your child is allergic to the point where they cant touch anything or be breathed on.....I cant provide that level of care.

[Blackcat31]

I think I remember Tom saying something about parents being able to sue even if you have something in your contract. I think the issue at the time he said that was if a child got hurt at your house. I could be wrong, but something to look into.

I'm probably wrong. It just popped in my head that someone put in their phb that if their child gets hurt on their property, they can't sue the provider. This may be something totally different.

Basically parents can't sign away their right to sue if you did something wrong.

Too many providers thought that simply having parents sign something saying they won't sue you covered their butts.

It ONLY covers you IF you aren't acting negligently.

Hope that makes sense.

[Blackcat31]

I am worried about the legality of saying you won't care for someone because of a special allergy need...
.

You cannot deny services to a child if their disability is covered under the ADA.
(American Disabilities Act)

HOWEVER, if you are not a milk free home and state somewhere in your policies and/or written materials that you use milk then that TELLS the parent of a child with a milk allergy to not apply to your program.

NOT all food allergies are covered under the ADA either so it's a gray area there.

Also there is some kind of clause that allows you to exclude a child due to the disability IF the care they require means you have to make excessive changes to your home, your staff and/or your program. (i.e. removing steps and adding a ramp or replacing your forced air furnace for one that meets the needs of an asthmatic child....stuff like that).

In this case, the provider would have to rearrange her entire households diet and foods etc to accommodate one child. Something I would NOT do either.

[Unregistered]

If I remember correctly, the FP has two different forms for special diet, one that means the substitution IS a disability, and other it is not.

[melilley]

My little dude is My Drop-in Foster baby; the Foster mom (& state) know that they would be gone in a heartbeat if I hadn't had Doctors notes Before day 1. I have terminated families on the spot too for omitting info. To bad, not so sad...

don't tell me munchkin is ok, then I find out he's suppose to be on meds that you neclectfully forgot to give before drop-off; 2 hrs in was enough to call dad and say look, is there something you need to tell me? They were gone within the next hour. That's pretty much when I stopped doing drop-in for even 3 year olds... my group is under 2's only now

Wow, that's crazy! Who would do that?

[LysesKids]

Wow, that's crazy! Who would do that?

More people than I care to know apparently... had it happen 3 times and because of my nice policy & contract, each was terminated very quickly; if there's an issue it shows pretty fast and I do let licensing know because I don't want the next provider to suffer

[nannyde]

I would not. I wouldn't be able to keep her safe.

[GKJNIGMN]

I had a DCB up until a month ago that was allergic to peanuts, milk, and eggs to name the main ones.

Peanuts he was deathly allergic, eggs and milk would lead to hives but no 911 call.

I had to read labels more carefully but beyond that I didn't mind it. I was terrified at first because, same thing, I got the "by the way" the day he started and I had never had a child with any allergies before.

I don't let kids snack or bring food anywhere but the table and only at meal times and I provided the food so I just didn't give him the food that had the offending ingredient and substituted something else. He didn't mind and never bothered anyone else's food. His mother provided his "milk" and even a peanut butter substitute just in case we had peanut butter and jelly sandwiches.

I would do it again as long as I the parent had conversation with me about the severity of the allergies and all of the things I needed to know. Now if the allergies went beyond what this child had, the parent would be providing the meals because I am just not that creative

[craftymissbeth]

I wonder if the loophole in the legality thing would be to offer to take the child, but require they pay for a one-on-one staff member (Which would be SO expensive)?

Actually, maybe that's not even legal. No idea. :confused: