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Daycare Center and Family Home Forum>Injury Policy?
DaycareMama 08:30 PM 11-06-2010
Just wondering what everyone has as far as an injury policy?! How do you state it in your contract?
I had an interview with a mom who's child is very "fragile" due to medical reasons. It is very easy for the child to break bones. This honestly makes me nervous. I will always do my best to make sure nothing happens. BUT what if it does and its as simple as a little fall? How can I protect myself and my family legally? I do not currently have daycare insurance. I would love to find an affordable company but in the mean time is it wrong, not even legal or unthinkable to put in some kind of clause that relieves me of any possible lawsuit or financial backlash god for bid something happens? Or medical bills?
OR...
.... How can I comfortably deny this family if I decide its to much??
ANY advice would be great, Thanks
I had an interview with a mom who's child is very "fragile" due to medical reasons. It is very easy for the child to break bones. This honestly makes me nervous. I will always do my best to make sure nothing happens. BUT what if it does and its as simple as a little fall? How can I protect myself and my family legally? I do not currently have daycare insurance. I would love to find an affordable company but in the mean time is it wrong, not even legal or unthinkable to put in some kind of clause that relieves me of any possible lawsuit or financial backlash god for bid something happens? Or medical bills?
OR...
.... How can I comfortably deny this family if I decide its to much??ANY advice would be great, Thanks
Lucy 01:02 AM 11-07-2010
I don't have any advice on how you can protect yourself. If it were me, I would not take this child. Not really for the liability reasons, but just because I would feel horrible if someone got hurt on my watch.
As far as denying the family... that's just as easy as saying you interviewed several families for the spot, and another child was a better fit. Don't ever feel bad for turning someone down.
As far as denying the family... that's just as easy as saying you interviewed several families for the spot, and another child was a better fit. Don't ever feel bad for turning someone down.
Crystal 09:54 AM 11-07-2010
I think you should be able to put a clause in your contract:
Based on (child's name) medical condition of (name here) Provider assumes no liability should injury, related to said medical condition, occur while child is in care. Provider will take all precautions to avoid any injury and to accomodate child's special needs as is reasonably feasible.
Have the parent initial this space in the contract.
I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.
Based on (child's name) medical condition of (name here) Provider assumes no liability should injury, related to said medical condition, occur while child is in care. Provider will take all precautions to avoid any injury and to accomodate child's special needs as is reasonably feasible.
Have the parent initial this space in the contract.
I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.
SilverSabre25 09:58 AM 11-07-2010
Originally Posted by Crystal:
I think you should be able to put a clause in your contract:
Based on (child's name) medical condition of (name here) Provider assumes no liability should injury, related to said medical condition, occur while child is in care. Provider will take all precautions to avoid any injury and to accomodate child's special needs as is reasonably feasible.
Have the parent initial this space in the contract.
I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.
I think you should be able to put a clause in your contract:
Based on (child's name) medical condition of (name here) Provider assumes no liability should injury, related to said medical condition, occur while child is in care. Provider will take all precautions to avoid any injury and to accomodate child's special needs as is reasonably feasible.
Have the parent initial this space in the contract.
I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.
Ditto all of this
QualiTcare 12:57 PM 11-07-2010
you should really try to get some legal advice. laws are different in every state, but for the most part, if someone gets hurt on your property - you're liable, period.
think about it - if everyone could have a clause in their contract instead of paying for insurance - that's what everyone would do bc they'd save a lot of money! they don't though bc it still doesn't protect them.
i always thought field trip permission forms that said, "you're giving your permission and we're not liable if anything happens, etc, etc" were valid and would protect teachers if something happened on a field trip. wrooooong. i was told to still get them signed to prove parents knew their child was going somewhere, but other than that, they aren't worth the paper they're written on.
i could be wrong and there might be a way to get around it, but i'd def. get a professional opinion.
think about it - if everyone could have a clause in their contract instead of paying for insurance - that's what everyone would do bc they'd save a lot of money! they don't though bc it still doesn't protect them.
i always thought field trip permission forms that said, "you're giving your permission and we're not liable if anything happens, etc, etc" were valid and would protect teachers if something happened on a field trip. wrooooong. i was told to still get them signed to prove parents knew their child was going somewhere, but other than that, they aren't worth the paper they're written on.
i could be wrong and there might be a way to get around it, but i'd def. get a professional opinion.
Abigail 01:49 PM 11-07-2010
How old is this child? Has this child been in daycare before or gone to a preschool before? If you can, I would ask for their contact information (name/number) and call and see how that child was in their care. I know people have done this when they get children who were kicked out from another daycare to get the right facts before enrolling them. I would find that acceptable. Chances are though they will tell you it has just been family watching the child and I wouldn't want to rock that boat.
Can you ask for the child's Dr's name and number and ask what exactly the child's condition is? It might make you feel better. Just be honest with the parent and tell them that you would feel more comfortable asking the child's Dr. a few questions. If you do feel the child is not the right fit, don't feel bad to do the general "Your child will not be a good fit for our daycare" because it could be the needed hours, days, age, etc. Don't focus so much on the fragile part. Maybe he came from a rough daycare and got pushed around a lot, etc, and if your age group and kids are calmer it will be fine. Have you asked the parents what has happened to him to far to get hurt, what injuries he has already had, and if he was diagnosed with anything???? Make sure to get the facts. It is your right to know as his provider.
Can you ask for the child's Dr's name and number and ask what exactly the child's condition is? It might make you feel better. Just be honest with the parent and tell them that you would feel more comfortable asking the child's Dr. a few questions. If you do feel the child is not the right fit, don't feel bad to do the general "Your child will not be a good fit for our daycare" because it could be the needed hours, days, age, etc. Don't focus so much on the fragile part. Maybe he came from a rough daycare and got pushed around a lot, etc, and if your age group and kids are calmer it will be fine. Have you asked the parents what has happened to him to far to get hurt, what injuries he has already had, and if he was diagnosed with anything???? Make sure to get the facts. It is your right to know as his provider.
Lucy 01:50 PM 11-07-2010
Originally Posted by QualiTcare:
you should really try to get some legal advice. laws are different in every state, but for the most part, if someone gets hurt on your property - you're liable, period.
think about it - if everyone could have a clause in their contract instead of paying for insurance - that's what everyone would do bc they'd save a lot of money! they don't though bc it still doesn't protect them.
i always thought field trip permission forms that said, "you're giving your permission and we're not liable if anything happens, etc, etc" were valid and would protect teachers if something happened on a field trip. wrooooong. i was told to still get them signed to prove parents knew their child was going somewhere, but other than that, they aren't worth the paper they're written on.
i could be wrong and there might be a way to get around it, but i'd def. get a professional opinion.
Agree completely. Those waiver forms are worth nothing except for the fact that the parents can't say they weren't told there would be a trip. Other than that, you CAN be sued if an injury occurs and it is found that you were in any way negligent (which can be any little technicality).you should really try to get some legal advice. laws are different in every state, but for the most part, if someone gets hurt on your property - you're liable, period.
think about it - if everyone could have a clause in their contract instead of paying for insurance - that's what everyone would do bc they'd save a lot of money! they don't though bc it still doesn't protect them.
i always thought field trip permission forms that said, "you're giving your permission and we're not liable if anything happens, etc, etc" were valid and would protect teachers if something happened on a field trip. wrooooong. i was told to still get them signed to prove parents knew their child was going somewhere, but other than that, they aren't worth the paper they're written on.
i could be wrong and there might be a way to get around it, but i'd def. get a professional opinion.
Lucy 01:49 PM 11-07-2010
Originally Posted by Crystal:
I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.
I suppose so, if you want to get technical. I've had someone call about taking a child with CP in a wheelchair, and I just said I've never had anyone with medical problems before, and to be perfectly honest, I'm not really comfortable with it. They said they completely understood. I think if you're up front and say that you don't really feel comfortable about taking a medically fragile child, what parent would WANT you to watch them anyway? You're not saying "NO, I won't take your child because they are handicapped" ... you are merely saying it makes you uncomfortable and then the parent would realize you're not a good fit for them.I'd be careful about turning the client away, as it could be considered discrimination and against ADA requirements. You COULD say another person filled the spot, but only if that's true.
Barb 01:34 PM 03-03-2012
Originally Posted by DaycareMama:
Just wondering what everyone has as far as an injury policy?! How do you state it in your contract?
I had an interview with a mom who's child is very "fragile" due to medical reasons. It is very easy for the child to break bones. This honestly makes me nervous. I will always do my best to make sure nothing happens. BUT what if it does and its as simple as a little fall? How can I protect myself and my family legally? I do not currently have daycare insurance. I would love to find an affordable company but in the mean time is it wrong, not even legal or unthinkable to put in some kind of clause that relieves me of any possible lawsuit or financial backlash god for bid something happens? Or medical bills?
OR....... How can I comfortably deny this family if I decide its to much??
ANY advice would be great, Thanks
I dont think there is a legal clause stating that you can not refuse child care to a parent's child. Unless you are able to staff and equip your home day care to accommoodate this child, its okay to deny a family based on what your day care can or can not accomodate. Simply explaining this to the parent/parents that you are unable to accommodate their child, due to the fact that caring for this child needs special attention and possibly special equipment, it will take away the attention and care needed for the other children. This is an honest professional answer. Its always good to have some resources available of other daycare facilities who can accomodate children with physical impairments. This way you can refer the parent to them.Just wondering what everyone has as far as an injury policy?! How do you state it in your contract?
I had an interview with a mom who's child is very "fragile" due to medical reasons. It is very easy for the child to break bones. This honestly makes me nervous. I will always do my best to make sure nothing happens. BUT what if it does and its as simple as a little fall? How can I protect myself and my family legally? I do not currently have daycare insurance. I would love to find an affordable company but in the mean time is it wrong, not even legal or unthinkable to put in some kind of clause that relieves me of any possible lawsuit or financial backlash god for bid something happens? Or medical bills?
OR...
.... How can I comfortably deny this family if I decide its to much??ANY advice would be great, Thanks
Mom&Provider 06:32 AM 03-04-2012
If it were me, I wouldn't take on this child. There are too many issues that could arise here that are not preventable. What if another child pushes this child or what happens if this child simply trips over their own feet while out for a walk? These are things that happen to kids, regardless of how watchful the provider is...they are kids after all! 
It would make me very nervous something would happen to this child on my watch, insurance or not, I would decline them stating someone else was a better fit.
It would make me very nervous something would happen to this child on my watch, insurance or not, I would decline them stating someone else was a better fit.