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Daycare Center and Family Home Forum>Do You Take Kids That Need Epi-Pens and/or Have Severe Food Allergies?
cheerfuldom 10:11 AM 07-24-2014
I am very frustrated as I spent two days emailing back and forth with a prospective parent to iron out details before interviewing (I hate interviewing unless a family is going to fit in all the basic ways). At the end of all that, there was a "oh by the way our child is highly allergic to milk/dairy. We have to provide all food and she needs to be supervised closely as even touching any milk product can produce a head to toe rash in minutes. she has an epi pen and and the doctor said the allergy is getting worse and there will probably be breathing issues as well with the rash"

gah. If your child is that severe, why not mention it first!!!! I am not a milk free home and we live here....this child could touch a drop on the floor and have a SEVERE reaction within two minutes and what am supposed to do when I have 8 kids in care and work alone and have only basic first aid training. I really dont want the liability of a child like this here nor the stress of knowing that a child could literally die on my watch from something as small as picking up another childs sippy cup. I was really mad that this mom did not mention this first!

I had a child in the past be dropped off on the first day of care and the mom hand me an epi pen and say "by the way, she was a peanut allergy. here is her epi pen. I hope you know how to use one" and then close the door and leave! I was too stunned to call her back!

A fellow local provider said a drop in child came and had a severe reaction. She didnt have the parents complete info (her fault), mom wasnt answering her cell, and provider wasnt informed of any health issues and she called 911. and then mom is like "oh yeah, she does have a severe allergy and she stops breathing sometimes" like it was no big deal. They didnt even come to check on their child after paramedics handled the issue! wow.

I just dont get.....why not inform your provider??? Why not be up front about the need? Are they really willing to take the risk that their child will die at daycare....with an uninformed provider? wow. I just dont get it.

And no, I am not providing a milk free environment for your child and regulating all the other children and their lunches (how would I even do that?) and I told her that too. That I dont provide care for children with severe food allergies. I am legally unlicensed and well within my right to refuse care however I see fit.
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craftymissbeth 10:17 AM 07-24-2014
I'm curious what others have to say because there's no way I'd want that liability.
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melilley 10:20 AM 07-24-2014
I always ask during the phone interview if their child has any allergies, especially food. I explain to them that I ask because I am not a peanut free or any type of food free home. This way, you find out first. It may sound bad, but I will not take a child who is severely allergic to food. It's just me here and like you said, what if; it would be too stressful. I do have a dcb who can't have (is intolerant) milk or gluten, but he won't be harmed if he touches it and if he ingests it, it's not an emergency.

When I worked in a center there was a SA girl who was so severely allergic to peanuts. She couldn't even touch anything that a peanut touched or she could possibly die. Her mom held a class for all staff in the building one night.

Your interview probably threw it in at the last minute hoping that you wouldn't think anything of it.
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cheerfuldom 10:29 AM 07-24-2014
Originally Posted by melilley:
I always ask during the phone interview if their child has any allergies, especially food. I explain to them that I ask because I am not a peanut free or any type of food free home. This way, you find out first. It may sound bad, but I will not take a child who is severely allergic to food. It's just me here and like you said, what if; it would be too stressful. I do have a dcb who can't have (is intolerant) milk or gluten, but he won't be harmed if he touches it and if he ingests it, it's not an emergency.

When I worked in a center there was a SA girl who was so severely allergic to peanuts. She couldn't even touch anything that a peanut touched or she could possibly die. Her mom held a class for all staff in the building one night.

Your interview probably threw it in at the last minute hoping that you wouldn't think anything of it.
Yes I do ask about special needs now and that is how the issue came up. I dont understand why parents dont offer this info first. They waste their own time by talking to providers who wont provide care once they find out. They also put their own child at risk by trying to sneak them into care. I dont understand how someone can do that to their own child.
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Second Home 10:56 AM 07-24-2014
I had 1 dck with a bad food allergy and needed an epi pen. But he was about 9 yrs old and knew the reaction he would have so he was cautious . He knew what would happen and could tell me if he felt funny. He being able to tell me was the reason I took him into care for the summer.

It was actually a easy allergy to manage. He could not have apples or a few other fresh fruits . ALL processed foods were safe though . So I would just bleach/water wash the table before he sat down and he just ate first before the little ones .
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lovemykidstoo 10:57 AM 07-24-2014
I had a 3 yr old last year that had a peanut allergy. He kept an epi here. They are idiot proof to use. My dcb had one of the new ones that actually told you what to do. You'd be amazed at how many foods don't have peanuts in them, but are processed at a plant that does have peanuts in it, so they have labels on the packaging.
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MrsSteinel'sHouse 10:57 AM 07-24-2014
I have a little girl that has an epi pen for blueberry allergy. She is on a restricted diet anyway so this really isn't a big deal (elimination diet and I have a list of what she can/ has had. Generally if it is a whole food I am fine but very little processed items) Anyway... the blueberry thing isn't that bad because I give her something else and tell her that she can't have blueberries, which is life for her.
Everyone knows that they can not hand her anything because there are things she cannot have.

but milk! I would have to think hard about that one... what if a cup gets spilt at the table? I have had kids that couldn't tolerate milk but not to that point, only if consumed and then a rash.
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Second Home 10:57 AM 07-24-2014
Originally Posted by cheerfuldom:
Yes I do ask about special needs now and that is how the issue came up. I dont understand why parents dont offer this info first. They waste their own time by talking to providers who wont provide care once they find out. They also put their own child at risk by trying to sneak them into care. I dont understand how someone can do that to their own child.
Because they know many people will not take the child . Once they are in your home they feel it is hard to turn them away .
The same reason many parents do not tell us about aggression issues.
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melilley 11:04 AM 07-24-2014
Originally Posted by cheerfuldom:
Yes I do ask about special needs now and that is how the issue came up. I dont understand why parents dont offer this info first. They waste their own time by talking to providers who wont provide care once they find out. They also put their own child at risk by trying to sneak them into care. I dont understand how someone can do that to their own child.
I don't get it either. I think sometimes they get desperate to find care so that's what they resort to.
I do feel bad not taking children with severe allergies, but I feel that with group care, with only one provider present, it's too risky.
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LysesKids 11:05 AM 07-24-2014
Originally Posted by Second Home:
Because they know many people will not take the child . Once they are in your home they feel it is hard to turn them away .
The same reason many parents do not tell us about aggression issues.
That's why my actual contract has a paragraph stating that they can't come back and sue me for something that happened to their child because they provide false info or they leave out info on the registration forms... my policies also state it's grounds for immediate termination without refund
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spinnymarie 11:20 AM 07-24-2014
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.
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llpa 11:29 AM 07-24-2014
I have had dcb, 2, with a severe peanut allergy and an epipen in my care for a year. I am very concious of what the other children bring for lunch etc. The epi is easy to use, and has instructions with it. I wouldn't want to take time to read them so every month or so I do a practice drill to be sure I haven't forgotten anything. If we go outside, the epi goes w us in my first aid kit. I really only worry that other children will have peanut butter etc for breakfast and somehow it will cross contaminate him it also helps that we are not in my home, but in a rented space. Makes things easier. No issues to date.
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MarinaVanessa 11:31 AM 07-24-2014
I have a DCG with a peanut, strawberry and apple allergy. She's much the same as what you mention in the OP because if she even touches a surface with traces she can get a rash and breathing difficulties. She also has an epi pen.

I simply stopped serving peanut products period and will only serve apple and strawberry foods on the days she is not here. My regular cleaning/disinfecting routine takes care of removing any remnants so I've never had a problem.

Milk on the other hand is different, milk can be spilled and if you are a participant of the food program you HAVE to serve it to the other children. This would make me nervous however I would not decline simply because of it. I would however probably either serve milk in cups with lids or serve this DCG on a table separate from the others to minimize the risk of exposure.
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melilley 11:41 AM 07-24-2014
Originally Posted by spinnymarie:
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 would never tell them that's why I wouldn't take them. What about the legality of something happening while they are in your care? I'd be more worried about that.
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melilley 11:43 AM 07-24-2014
Originally Posted by LysesKids:
That's why my actual contract has a paragraph stating that they can't come back and sue me for something that happened to their child because they provide false info or they leave out info on the registration forms... my policies also state it's grounds for immediate termination without refund
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.
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LysesKids 12:33 PM 07-24-2014
Originally Posted by melilley:
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
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melilley 12:42 PM 07-24-2014
Originally Posted by LysesKids:
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.
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sugar buzz 12:51 PM 07-24-2014
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....
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LysesKids 01:01 PM 07-24-2014
Originally Posted by melilley:
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 lol. 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.
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melilley 01:07 PM 07-24-2014
Originally Posted by LysesKids:
That is different... injuries like broken arms is why I have insurance lol. 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...lol I never thought of putting something in my phb like you did, good idea!
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LysesKids 01:39 PM 07-24-2014
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
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cheerfuldom 01:43 PM 07-24-2014
Originally Posted by spinnymarie:
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.
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Blackcat31 01:46 PM 07-24-2014
Originally Posted by melilley:
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.
Originally Posted by melilley:
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.
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Blackcat31 01:51 PM 07-24-2014
Originally Posted by spinnymarie:
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.
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Unregistered 02:00 PM 07-24-2014
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.
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melilley 02:39 PM 07-24-2014
Originally Posted by LysesKids:
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?
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LysesKids 03:55 PM 07-24-2014
Originally Posted by melilley:
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
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nannyde 04:06 PM 07-24-2014
I would not. I wouldn't be able to keep her safe.
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GKJNIGMN 04:14 PM 07-24-2014
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 lol
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craftymissbeth 06:58 PM 07-24-2014
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.
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spinnymarie 07:07 AM 07-25-2014
Originally Posted by 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.
That sounds reasonable to me!
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MarinaVanessa 07:58 AM 07-25-2014
Originally Posted by 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.
Nope not legal either. You can't charge a special needs person more because you need more staff. This expense has to be distributed equally amongst the other families equally, as in you can't charge a person with special needs or with a disability more than you do "normal" clients.

What you can do however is say that taking on a person with special needs will compromise the safety and care that the other children require because of the extra work involved from having this special needs/disabled child unless you hire on extra staff which would be costly and unaffordable for you and therefore you cannot accept the child. You can however require the parent to get another person to help their child when you are not trained/capable of caring for all of this child's needs. Typically however this means a professional such as a speech or behavior therapist if the child has difficulties talking or with behavior etc.

As a provider you must be prepared to have real reasons and proof as to why you decline the child. I would assume that a child with allergies would be extremely difficult to deny without crossing disability act regulations.

I had an interview with a family about 3 months ago and they told me their child had disabilities from the get go. Their child has visual impairments and was in a small wheelchair. I explained that I did not have wheelchair access but they assured me that the chair was small and light. I also mentioned that I had another special needs child enrolled and I scheduled an in person interview so we could talk about concerns. After speaking to them about her care I realized that she was still in diapers and that would mean that I would have 5 children in diapers in my care. This would be very time consuming. I was also concerned about not being able to take our daily walks. I had just bought a quad stroller because I wanted to go out for walks everyday and the one special needs child I had has trouble walking so I needed to upgrade from a triple to a quad. Enrolling an immobile child would mean we wouldn't be able to go on daily walks because I would need a 5 or 6 in-line seat stroller which would be really expensive for me or I'd have to stop taking daily walks. There was no way for me to push my quad plus a wheelchair. I explained that I did not think it would be fair for her or the other children if I enrolled her. The parents definitely agreed with me however and I referred them to a friend and they enrolled there. If there is something that you do as a program and that is jeopardized then you can be realistic and say no.
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spinnymarie 08:14 AM 07-25-2014
Originally Posted by MV:
Nope not legal either. You can't charge a special needs person more because you need more staff. This expense has to be distributed equally amongst the other families equally, as in you can't charge a person with special needs or with a disability more than you do "normal" clients.

What you can do however is say that taking on a person with special needs will compromise the safety and care that the other children require because of the extra work involved from having this special needs/disabled child unless you hire on extra staff which would be costly and unaffordable for you and therefore you cannot accept the child. You can however require the parent to get another person to help their child when you are not trained/capable of caring for all of this child's needs. Typically however this means a professional such as a speech or behavior therapist if the child has difficulties talking or with behavior etc.

As a provider you must be prepared to have real reasons and proof as to why you decline the child. I would assume that a child with allergies would be extremely difficult to deny without crossing disability act regulations.

I had an interview with a family about 3 months ago and they told me their child had disabilities from the get go. Their child has visual impairments and was in a small wheelchair. I explained that I did not have wheelchair access but they assured me that the chair was small and light. I also mentioned that I had another special needs child enrolled and I scheduled an in person interview so we could talk about concerns. After speaking to them about her care I realized that she was still in diapers and that would mean that I would have 5 children in diapers in my care. This would be very time consuming. I was also concerned about not being able to take our daily walks. I had just bought a quad stroller because I wanted to go out for walks everyday and the one special needs child I had has trouble walking so I needed to upgrade from a triple to a quad. Enrolling an immobile child would mean we wouldn't be able to go on daily walks because I would need a 5 or 6 in-line seat stroller which would be really expensive for me or I'd have to stop taking daily walks. There was no way for me to push my quad plus a wheelchair. I explained that I did not think it would be fair for her or the other children if I enrolled her. The parents definitely agreed with me however and I referred them to a friend and they enrolled there. If there is something that you do as a program and that is jeopardized then you can be realistic and say no.
Thanks for clarifying, this is what I was thinking, that you have to be careful, but that there ARE things you can do.
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