Daycare Operator Sued For Reporting Suspected Abuse

[DBug]

What do you ladies (and gents) think of this one?

http://welcometothezoo.ca/when-your-feelings-are-more-valuable-than-a-childs-life/

I'd love to hear your take on it. I've heard a ton of flack saying that the daycare provider should have discussed things with the parents first. But as a daycare provider, I would NOT have talked with the parents before reporting it. If they really were abusers, it could have made the abuse worse!

I don't know, I think it sets a really questionable precedent!

[Blackcat31]

What do you ladies (and gents) think of this one?

http://welcometothezoo.ca/when-your-feelings-are-more-valuable-than-a-childs-life/

I'd love to hear your take on it. I've heard a ton of flack saying that the daycare provider should have discussed things with the parents first. But as a daycare provider, I would NOT have talked with the parents before reporting it. If they really were abusers, it could have made the abuse worse!

I don't know, I think it sets a really questionable precedent!

Here is another thread about this.

The provider herself gave input in the thread.

https://www.daycare.com/forum/showthread.php?t=76114

[debbiedoeszip]

I think that there is more to the story than we can read about. AFAIK, the CAS will investigate every allegation of neglect/abuse. They don't need to find cause to investigate, as the link suggests. The investigation might be short-lived, if there is nothing going on, but it will happen. And there is no way for the other "side" to give their accounting of the situation due to privacy, etc, so who knows what the real story might be.

That being said, the moral of the story might be that if we as providers were to suspect neglect/abuse towards one of our dcks, it might be better to just term the family and hope for the best (for the child).

[Sugar Magnolia]

Uh, what??? Just term instead of REPORTING suspected abuse? Hope for the best? I don't see that as the "moral" to this story at all. The moral should be that providers who report suspected abuse in good faith, should be afforded protection from lawsuits.

[daycarediva]

Uh, what??? Just term instead of REPORTING suspected abuse? Hope for the best? I don't see that as the "moral" to this story at all. The moral should be that providers who report suspected abuse in good faith, should be afforded protection from lawsuits.

Agreed.

I recently (March) reported a child- who is now removed from the home. The parents have started a smear campaign against me, including reporting me to CPS and licensing (cleared by both already) and the mother is suing me civilly. I have had to hire an attorney. The stress of the last few weeks alone of this is ridiculous, I KNOW I did the right thing, and I would do it again, even if it meant facing these consequences again.

We SHOULD be protected against making these calls. I don't think any of us take that responsibility lightly.

[Blackcat31]

Agreed.

I recently (March) reported a child- who is now removed from the home. The parents have started a smear campaign against me, including reporting me to CPS and licensing (cleared by both already) and the mother is suing me civilly. I have had to hire an attorney. The stress of the last few weeks alone of this is ridiculous, I KNOW I did the right thing, and I would do it again, even if it meant facing these consequences again.

We SHOULD be protected against making these calls. I don't think any of us take that responsibility lightly.

Will your liability insurance assist with the costs of this?

I am soo sorry you are going through this.

I followed what you have posted about the family and I can tell you that you definitely did the right thing (I know you know but sometimes it's nice to hear the reinforcement ) and I've been in a similar situation and would also do it again if I had too.

Hang in there and if there is ANYTHING I can do to help, even just offering an ear, let me know!!

:hug:

[jenboo]

I think that there is more to the story than we can read about. AFAIK, the CAS will investigate every allegation of neglect/abuse. They don't need to find cause to investigate, as the link suggests. The investigation might be short-lived, if there is nothing going on, but it will happen. And there is no way for the other "side" to give their accounting of the situation due to privacy, etc, so who knows what the real story might be.

That being said, the moral of the story might be that if we as providers were to suspect neglect/abuse towards one of our dcks, it might be better to just term the family and hope for the best (for the child).

I think this is what's going to start happening if providers are not protected.
People are going to be worried that they will be sued so they are just going to term the family and hope for the best. Sad but true.

I had no idea that families could sue you for reporting things to CPS. We are required by law to do this, so why can we get in "trouble" for doing it??

[Blackcat31]

I think this is what's going to start happening if providers are not protected.
People are going to be worried that they all be sued so they are just going to term the family and hope for the best. Sad but true.

I had no idea that families could sue you for reporting things to CPS. We are required by law to do this, so why can we get in "trouble" for doing it??

The story happened in Canada.

I have faith that our judicial sustem is better than what happened to the prover in this story.

According to her, she lost because of how the case was handled in the courts.

[debbiedoeszip]

Uh, what??? Just term instead of REPORTING suspected abuse? Hope for the best? I don't see that as the "moral" to this story at all. The moral should be that providers who report suspected abuse in good faith, should be afforded protection from lawsuits.

In an ideal world, I'd totally agree. However we live in a far less than ideal world. CYA is how you survive.

[Rockgirl]

In an ideal world, I'd totally agree. However we live in a far less than ideal world. CYA is how you survive.

What about the child?

[Heidi]

In an ideal world, I'd totally agree. However we live in a far less than ideal world. CYA is how you survive.

Problem is, Debbie, that your not CYA here. If abuse is found another way, and then someone can prove you new about it, you're even more likely to have trouble. Mandated reporter means you have no choice.

[Daycare Insurance]

Will your liability insurance assist with the costs of this?

I am soo sorry you are going through this.

I followed what you have posted about the family and I can tell you that you definitely did the right thing (I know you know but sometimes it's nice to hear the reinforcement ) and I've been in a similar situation and would also do it again if I had too.

Hang in there and if there is ANYTHING I can do to help, even just offering an ear, let me know!!

:hug:

This is a very good question. In most cases Child Care Liability insurance does include coverage for Libel and Slander. However each situation is different and subject to review. Its best to submit it to your insurance carrier and let them do their diligence to see if it is a covered claim.

[Unregistered]

court transcripts:

http://www.scribd.com/doc/260057386/Cui-and-Larabie

[NoMoreJuice!]

Does it have anything to do with her status as an unlicensed daycare? Was she legally unlicensed?

[jenboo]

The story happened in Canada.

I have faith that our judicial sustem is better than what happened to the prover in this story.

According to her, she lost because of how the case was handled in the courts.

Ah, I didn't notice she was in Canada