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Parents and Guardians Forum>Allergies - Can Day Cares Refuse Care?
singasong 06:22 AM 09-24-2016
Hi All,

I recently went through a move and had called in a daycare about a month back looking for spots for my toddler. My spouse personally visited the facility and collected the enrollment packet. We did let them know that our daughter has some allergies (Cows milk, eggs, strawberries, pineapple) and pollen.
We were told a spot is available and we went ahead and enrolled her and started paying for her spot two week before she was to actually start.
When we visited the daycare again a day before she was to start (We moved almost half way across the country and could not visit earlier), we were told that they cannot have our daughter because she has cows milk allergy (because it is served all day, everyday). This was not the case at any of the previous daycares she attended and we were required to submit a note from the doctors office stating that they do not serve her food listed on the doctors note.
This daycare, however, is also requesting a signed consent from the doctors office saying that :
The doctor is aware of her allergies and is also aware that daycare is a group child care with a ratio of 5 toddlers to 1 teacher. That the doctor is aware the child may ingest some of the allergens and still continue to be safe! And that he is aware there will be no one on one care for my daughter especially during meal times.

I found this absurd and feel they are planning on covering up any negligence on their part and there is no doctor who would possibly sign this note! Please help! I can answer any other questions you may have for me.
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Mike 07:56 AM 09-24-2016
If they knew about the allergies, then took your money, then said they can't take her, they definitely owe you back that money. With or without the doctor note issue, they should have said they need that before taking your money. I doubt any doctor will sign a consent to waiver, so that might be their little trick to be able to say you voided the contract.

I would cancel, tell them you want the money back because they weren't upfront at the start, and look elsewhere. Is there anything on the contracts about the allergies? If the allergy acceptance then refusal is just word of mouth, you might be out your deposit, but I wouldn't leave my kid there for one day. I'd rather lose a deposit than my kid.
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singasong 05:17 AM 09-26-2016
Yes, it was word of mouth communication. I ad called in and earlier and talked about the allergies. I am looking for other care.
I am in a really small tows where daycare providers arent many. The deposit was the last thing on my mind, my concern for my daughters safety is prime.
I just felt it was discrimination on the basis of a child having an allergy that is not under her control. It is unfair to say "We prefer kids without any allergies!" which is what they did.
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Blackcat31 07:05 AM 09-26-2016
Originally Posted by singasong:
Yes, it was word of mouth communication. I ad called in and earlier and talked about the allergies. I am looking for other care.
I am in a really small tows where daycare providers arent many. The deposit was the last thing on my mind, my concern for my daughters safety is prime.
I just felt it was discrimination on the basis of a child having an allergy that is not under her control. It is unfair to say "We prefer kids without any allergies!" which is what they did.
Some allergies are covered under ADA rules/laws and cannot be used as a reason to deny enrollment and the laws on which ones are pretty specific so you could definitely check into that but honestly, I wouldn't want my child in the care of someone that really didn't want to provide services.

For allergies and food limitations/requirements that are not severe and/or life threatening or are simply a choice.....those are not covered under ADA laws and a provider can choose to not provide services at any time.
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daycarediva 10:19 AM 09-26-2016
Originally Posted by Blackcat31:
Some allergies are covered under ADA rules/laws and cannot be used as a reason to deny enrollment and the laws on which ones are pretty specific so you could definitely check into that but honestly, I wouldn't want my child in the care of someone that really didn't want to provide services.

For allergies and food limitations/requirements that are not severe and/or life threatening or are simply a choice.....those are not covered under ADA laws and a provider can choose to not provide services at any time.


I would request my deposit back, as they did not follow through with their end of the contract. I would be seeking care elsewhere.

I have two children in care with non life threatening allergies. Both use special colored cups, and even though one is young (new 2) she knows not to touch someone elses cup. It DOES require more supervision at meal times, but definitely not 1:1.

Does this center just allow kids access to milk all day every day? That isn't very healthy.
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hwichlaz 09:08 PM 01-24-2017
In some states, like California, we're required by law to serve milk. If they participate in the federal food program they are also required to serve it. I'd bet that they didn't understand that it's a life threatening allergy when they enrolled her. I'll accept kids with life threatening allergies only if I don't have conflicting allergies in care or I can exclude the item from my environment. I have infants in care on milk based formula...these children spit up. They could spit up on a toy that I didn't notice, your child might pick it up etc. It's not something that it's possible for me to keep your child safe from. They should refund your deposit/fees.
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Cat Herder 01:36 PM 01-25-2017
To me, It sounds like they are trying to minimize their risk if these are indeed true allergies and not just typical intolerance's. It is not cool to expect them to carry all the legal responsibility for placing a child in an environment where their known allergen will be present.

I am required to serve milk. I am required to have a doctors release to not serve a child milk, by the state. Same as for enrolling non-immunized children or giving daily medications. It isn't personal.

Have you asked your doctor? It should be a pretty common request for them with patients with true allergies.
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lblanke 08:30 PM 02-14-2017
I would not want my child at that daycare, but I'm surprised they would take your money & back out.
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PalmaHall 08:34 PM 06-15-2017
It's been months since this thread has started and I wanna know how you dealt or resolved this case.
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CityGarden 10:37 PM 06-15-2017
Originally Posted by hwichlaz:
In some states, like California, we're required by law to serve milk. If they participate in the federal food program they are also required to serve it. I'd bet that they didn't understand that it's a life threatening allergy when they enrolled her. I'll accept kids with life threatening allergies only if I don't have conflicting allergies in care or I can exclude the item from my environment. I have infants in care on milk based formula...these children spit up. They could spit up on a toy that I didn't notice, your child might pick it up etc. It's not something that it's possible for me to keep your child safe from. They should refund your deposit/fees.
hwichlaz I am in California and do not serve milk.... I also know two other local providers who do the same, can you share where it is stated as the law?
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Lovisa 09:06 AM 06-16-2017
Originally Posted by CityGarden:
hwichlaz I am in California and do not serve milk.... I also know two other local providers who do the same, can you share where it is stated as the law?

Are you on the food program? I'm thinking that is what she meant. Milk is required when you do the food program in Ca.
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lblanke 01:24 PM 09-14-2019
I think this is a center (several small daycares) and not an in home daycare.

https://childcarecompliancecommunity...eanut-allergy/
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lblanke 01:27 PM 09-14-2019
Food allergies, when life threatening, have to be accommodated unless it would represent a fundamental change in the business. My thoughts (that and a dollar will get you a cup of coffee) are that in home providers (unless your home has always been allergen free before the child is enrolled/inquires) would not be in this category because it would cause a fundamental change in your home, but centers and free standing facilities should be aware of this.
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sahm1225 07:37 PM 09-29-2019
Since when did having allergies become a disability? (I googled and ADA does cover allergies and asthma as disabilities. Who knew?!)?

There seems to be more to this story. A child was expelled AFTER they found out about the allergy. If parents had disclosed ahead of time, things might’ve been different.
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Blackcat31 07:17 AM 09-30-2019
Originally Posted by sahm1225:
Since when did having allergies become a disability? (I googled and ADA does cover allergies and asthma as disabilities. Who knew?!)?

There seems to be more to this story. A child was expelled AFTER they found out about the allergy. If parents had disclosed ahead of time, things might’ve been different.
This thread is from 2016 originally but the child was denied care BEFORE they started. The family paid to reserve the space but the child didn't start care

I also think the parent (poster) was resisting the request by the child care for a note from the doctor. As a care provider I would have requested similar documentation.
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sahm1225 01:15 PM 09-30-2019
Originally Posted by Blackcat31:
This thread is from 2016 originally but the child was denied care BEFORE they started. The family paid to reserve the space but the child didn't start care

I also think the parent (poster) was resisting the request by the child care for a note from the doctor. As a care provider I would have requested similar documentation.
I was responding to the link by Iblanke. It sounded like the child was already attending the daycare when the daycare found out about the allergy.
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Blackcat31 03:07 PM 09-30-2019
Originally Posted by sahm1225:
I was responding to the link by Iblanke. It sounded like the child was already attending the daycare when the daycare found out about the allergy.
Oh well that makes more sense then.... lol!
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Tags:2016, ada laws, allergies, allergy - food, americans with disabilities act, denial of service
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