The child has very bad breathing problems and doesn't respond well to being treated with the nebulizer. She needs the one to one care of a specialist trained in respiratory therapy. A home day care setting is not the right place for a child with this level of care unless a trained staff person is available for her medical needs at all times.

The Disability Act does not force providers to provide care they are not capable of safely doing.

I'm not aware of the Department of Justice ever taking a home day care provider to court for not complying with the disability act. If anyone knows of any case PLEASE post a link. I know about CENTERS being sued under the ADA but not a single case of a Home Day Care provider.

You CAN charge for any services you provide for children who are acutely ill. You CAN charge medication administration fees for acutely ill children. The ADA does not protect children with illnesses that are normal childhood illness and are resolved over short durations. It also doesn't force providers to care for children when the provider feels she is incompetent and unable to safely care for that child.

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