OT...sort of...Legal advise

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  • AmyKidsCo
    Daycare.com Member
    • Mar 2013
    • 3786

    #16
    Originally posted by daycarediva
    I would have been on the phone with 911 to give them the make/model/color and plate number the second the kid got in the trunk.

    Once a parent takes a child from my home/property, I am no longer liable. I also was told by an attorney I cannot LEGALLY withhold a child from a parent who is intoxicated. I can delay and call 911.
    This is true, however because we're mandated reporters we ARE liable if we suspect the parent is drunk and don't do anything about it. You must release the child to a parent/legal guardian (barring a court order) but then you call 911 to report it.

    However, if we don't know/suspect that the parent is drunk we're not liable. I once had a mom ask me (after her children aged out of my program) if I ever noticed the dad picking up drunk. I never had - either he was never drunk, was good at hiding it, I was oblivious, or a combination of the 3.

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    • Alwaysgreener
      Home Child Care Provider
      • Oct 2013
      • 2519

      #17
      I totally agree with BC, if she hadn't said it, I would of.

      I don't care what role you are playing at the time, mom, girl scout leader, child care provider..... If you see a child climb in a trunk at the grocery store or while driving down the road past parked cars or any other unsafe situation, REPORT IT. Call 911, then call CPS. Let them handle it.

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      • hwichlaz
        Daycare.com Member
        • May 2013
        • 2064

        #18
        You're not liable for what parents do with their children. AND you cannot deny a parent their child unless you have a court order. BUT, you CAN and SHOULD call 911 when that happens.

        In the case of an intoxicated parent I say, "I'm concered that you aren't legally able to drive right now. Would you like me to call someone to give you a ride? I can't keep you from leaving with your child right now, but I AM an mandated reporter and I'll have to report you for it."

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